TERMS AND CONDITIONS

1. All goods and services provided by Scared Cat Scanning to customers shall be subject to these conditions, irrespective of contrary conditions or terms printed on or accompanying the customer’s documents. The customer hereby acknowledges that it does rely on and waives any claim for breach of any representation not confirmed in writing by Scared Cat Scanning. No variation to these terms shall be binding; unless agreed in writing by Scared Cat Scanning. No contract shall be created until confirmed in writing by Scared Cat Scanning.

Time of performances
2. Scared Cat Scanning will use it’s reasonable endeavours to achieve times stated for performance, but Scared Cat Scanning cannot guarantee the same and no liability shall attach to Scared Cat Scaning in the event of performance being delayed.

Title and Risk
3. The title to the copyright embodied in any original work of any nature supplied by Scared Cat Scanning, including any software is the property of Scared Cat Scanning or licensed to Scared Cat Scanning by a third party.

4. Risk of damage to or loss of goods supplied shall pass to the customer at the time of delivery.

5. Scared Cat Scanning accepts no liability or responsibility for goods supplied to Scared Cat Scanning. This includes the loss or damage of materials supplied as well as the legal right to use, copy and distribute the material, this remains the customers responsibility.

6. Where property in goods supplied is to pass to the customer, it shall not pass to the customer until Scared Cat Scanning received payment in full of all charges in respect of the goods. Until such time as the property passes, the customer shall hold these as Scared Cat Scanning fiduciary agent and bailee and shall keep the goods separate and identified as Scared Cat Scanning’ property.

7. Until such time as property in goods passes to the customer, Scared Cat Scanning shall be entitled at any time to require customer to deliver up the goods to Scared Cat Scanning, and, if the customer fails to do so, forthwith to enter upon any premises of the customer or any third party where the goods are stored and repossess them. Without Prejudice to the customer’s liability to Scared Cat Scanning, the customer shall keep goods insured against loss or damage from all risks.

8. A customer’s licence to use software, or any other copyright material, automatically terminates, without notice, if the customer fails to comply with any term of this agreement or upon six months’ written notice by Scared Cat Scanning or the customer, as the case may be. Upon any termination, the customer must destroy all copies of the software or copyright material, in any form.

Confidentiality
9. If, in the course of the supply of work or services, Scared Cat Scanning makes available to the customer any know-how information, including the identity of it’s suppliers or sub contractors, the customer shall treat such know-how or information as confidential and shall not use such know-how or information or disclose the same to any third party.

10. Scared Cat Scanning may provide your personal data to governmental or law enforcement agencies at their written request in connection with the conducting of any investigation of criminal activities; and will provide your personal data to third parties only if required to do so by a court order.

Payment
11. All sums are stated exclusive of any value added tax and any other taxes or duties.

12. Written quotations are valid for thirty days from the date of the quotation. Any quotation is deemed an estimate and may be subject to revision if the goods or services on which the quotation was based differ in any way from the goods and services ordered.

13. Where services are provided at an hourly rate, any part hour will be charged as full hour. Personnel supplied outside Scared Cat Scanning offices are charged from the later of the time they leave their place of residence or Scared Cat Scanning offices the earlier of the time they return to Scared Cat Scanning office or their normal place of residence.

14. Payment in full of any sums due is required with twenty eight days of the date of Invoice. Interest will be charged monthly both before and after judgement on all overdue amounts at the rate of 5% above NatWest Bank plc’s base lending rate, calculated from the date of Invoice.

15. Full expenses, including all travel, subsistence, modem connection, accommodation, transport, packaging and insurance costs be refunded by the customer.

Limitation on use
16. The customer warrants that it shall not knowingly use any of the services or goods made available by Scared Cat Scanning receive or transmit material that is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right or otherwise unlawful.

17. The customer hereby agrees to indemnify, and keep indemnified, Scared Cat Scanning from and against all and any loss, costs, actions, proceedings, claims, damages, expense or liabilities whatsoever suffered or incurred by Scared Cat Scanning consequence of the customer’s breach of the provisions of Clause 16.

Indemnities
18. The customer shall indemnify, and keep indemnified, Scared Cat Scanning in respect of any claim arising from any danger or injury caused to Scared Cat Scanning representatives or its or their property.

19. Where Scared Cat Scanning is performing maintenance work on existing material, it shall not be held liable for any loss or damage whatsoever, save in respect of death or personal injury caused by negligence, if the customer is not the copyright holder owner of that material, and the customer shall indemnify Scared Cat Scanning for any such costs, claims, actions and demands.

Limitations
20. No guarantee is given that material of any nature supplied by Scared Cat Scanning is accurate, and Scared Cat Scanning shall not be held liable for any consequential loss or damage caused by any inaccuracy or defect in any material.

21. Save for death or personal injury caused by the negligence of Scared Cat Scanning, or for those for whom it is responsible in all conditions, warranties, terms, undertakings and obligations, whether implied by statute, common law, custom, trade usage or otherwise, and all duties of care contractual or otherwise, and all liabilities (if any) of Scared Cat Scanning arising therefrom hereby wholly excluded, to the extent permitted by law.

22. If there is a defect in work or services, Scared Cat Scanning shall, at it’s absolute discretion, repair, replace or effect a repair. In no event shall Scared Cat Scanning be liable for indirect or consequential damage, even if Scared Cat Scanning has advised of the possibility of such damage. In no event shall the liability of Scared Cat Scanning exceed the amount paid by the customer for the defective work or service.
23. Scared Cat Scanning shall be entitled to assign this agreement in the whole or in part. This agreement is personal to the customer who shall not be entitled to assign it in whole or in part.

Enforceability and Jurisdiction
24. If any provision of this contract becomes invalid, illegal or unenforceable, the other provisions of this contract shall not be affected thereby.

25. This contract is a binding document. Consumers should read it carefully and ensure that it contains everything you want and nothing you are not prepared to agree to. These terms and conditions constitute the entire agreement between you and us and supersedes all prior agreements, understandings and representations whether oral or written.

26. The internet is a constantly evolving medium. For this reason Scared Cat Scanning reserve the right to make reasonable modifications to the terms and conditions of this contract at any time. Endeavouring to only do so when there is found to be good reason to do so.

27. These terms and conditions shall be governed by the relevant United Kingdom law, and by agreeing to be bound by them you agree to submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.