These terms and conditions are specific to our North Wales Computer Services only.
All customers and users of any of our websites and services agree to be fully bound by all of the terms and conditions of service set forth upon usage of any services offered by Esthetig and its associated partners as defined herein.
These terms and conditions are the complete and exclusive statement of the terms and conditions governing our web design, development, marketing hosting, domain registration and maintenance.
By signing up for, and continuing to use, any of Esthetig’s services and/or websites, the customer agrees to be bound by all of Esthetig’s terms and conditions.
Customer’s rights, duties, agreements or obligations hereunder may not be assigned or transferred without the prior written consent of Esthetig; any attempted or purported assignment shall be void.
These terms do not affect the customer’s statutory rights.
12 September 2013 revision 4b – altered the number of days prior to the invoice due date that the invoice would be sent out, down from seven (7) days to three (3) days.
01 November 2013 revision 5 – transferred terms and conditions into a single document, located at http://www.esthetig.com/terms
31 January 2014 revision 5a – clarified payment terms and overdue payment terms, including the fees to be applied to outstanding invoices. Removed Cheques as an acceptable form of payment.
17 Jun 2014 revision 5b – extracted computer repair part of terms and conditions to provide terms and conditions relating only to computer repair services on our new website https://www.northwalespcrepair.com”>www.northwalespcrepair.com
14 July 2014 Revision 6 – restructured terms to make them easier to read and merged some content to improve readability further.
07 May 2015 Revision 7 – added remote PC repair, regular remote PC repair/maintenance sections and also added a main section to include digitally signing of contracts
Registered in England and Wales as a Limited Company
Registration Number 6112562
Registered Offices: Betel, 26 Tan y Fron, Deganwy, Conwy, LL31 9YN
Telephone: 01492 580572
International: +44 (0)1492 580572
Means Esthetig Ltd a Private limited Company registered in England and Wales, Registration Number: 6112562. Registered Office: Bethel, 26 Tan y Fron, Deganwy, Conwy, LL31 9YN or any such other business or individual Esthetig Ltd may appoint sub-contractor to provide the services to the customer. From here on in to be referred to in these terms and conditions as ‘Esthetig’ or ‘we’ or ‘us’ or ‘their’ or ‘they’.
Means any day other than Saturday, Sunday or a public or bank holiday in the United Kingdom. Standard hours of trading are Monday to Thursday 09:00 to 17:00 and Friday 09:00 to 16:00. Esthetig reserve the right to close its office between 23 December and 2 January and, other times at the discretion of Esthetig.
Means all terms and conditions documents found at www.esthetig.com/terms/ including all sub-pages from that point onwards. Esthetig’s terms and conditions are also referred to as ‘terms and conditions’ or ‘terms & conditions’ or ‘agreement.’
Means the person, firm or company ordering services both on and offline from Esthetig and is referred to in these terms as ‘customer’ or ‘client or ‘you’ or ‘your’ or ‘account holder’ or ‘user.’
Means a supplier of services, products or related products sourced by Esthetig on behalf of the customer to provide items required to affect a service as defined herein. A vendor is not a related business to Esthetig.
Means any installation, PC & other hardware repair and maintenance services provided by Esthetig, referred to in these terms as ‘work,’ as sub-contractor to the customer to end-users of products in conjunction with the supply of products and services at such times and at such locations as shall be agreed between Esthetig and the customer.
Means any products purchased on behalf of the customer by Esthetig, whether in the form of electronic or physical products.
Means any computer software supplied by Esthetig, whether embodied in ROM, RAM and other firmware, or on disk, tape, transmitted electronically via ftp, the web, email or other media.
Means the amount stated as the current price for the service or products requested in verbal, written and electronic format.
Means the amount estimated as the current price for the service or products requested in verbal, written and electronic format.
Means the price payable for the products or services as specified either by verbal, written, electronic quotation or indicated on sales literature or websites.
Means any verbal, written and electronic order for products or services received by Esthetig from the customer.
Means a contract for the purchase by the customer of services from Esthetig incorporating these terms and conditions and arising from the acceptance by Esthetig of an order. This may be verbal, written or in an electronic format, for example; email or an order from any of Esthetig’s websites.
Means any breach by either party of its obligations under a contract, any default, act, omission, negligence or statement by either party, its employees, agents or sub-contractors arising out of, or in connection with a contract and in respect of which either party may be legally liable.
Means all information of whatsoever nature (whether oral, written, electronic or in any other form) containing or consisting or material of a technical, operational, administrative, economic, marketing, planning, business or financial nature or in the nature of intellectual property of any kind or in the nature of specifications of products or services owned by Esthetig or the customer (as the case may be).
Means the fee for services provided by Esthetig.
Esthetig as North Wales PC Repairs also provides computer installation, maintenance and repair services.
Esthetig as North Wales PC Repairs also provides IT and Web consultancy.
Esthetig as North Wales PC Repairs also from time to time sells computer hardware and software to customers.
The customer wishes to engage Esthetig to provide certain computer installation, maintenance and repair services.
Esthetig agrees to accept the engagement subject to the terms and conditions of this agreement.
Esthetig will carry out work only where an agreement is provided either by email, telephone, mail or verbally. Esthetig will carry out work only for customers who are 18 years of age or above.
The customer acknowledges and agrees that Esthetig may modify these terms and conditions as necessary from time to time and that these changes may be carried out without notice. If at any time, the customer does not agree with such changes, the customer agrees that their sole remedy is to stop using Esthetig’s services.
If the repair is being carried out at Esthetig’s premises and Esthetig engineers are unable to fix the original reported problem, but where the fix is possible by replacement of the faulty part(s), Esthetig reserves the right to charge the customer a diagnostic fee of £50.00. If the fix of the computer(s) is not possible by replacement of the faulty part(s) and/or as a result of extensive damage to the equipment, it is declared irreparable by Esthetig engineers, no-fix, no-fee policy will apply. Where several faults are reported by the customer and at least one of the faults has been successfully repaired, the customer is liable to pay the full amount agreed. No-fix no-fee does not apply to partially repaired computer(s).
If Esthetig is unable to repair the computer(s) due to non-supply of parts by manufacturers, or suppliers, a diagnostics fee of £50.00 may apply to any computer(s) under repair. The diagnostics fee will cover the time spent on fault diagnosis and re-assembly of the computer(s) and cost of collection and return of the computer(s) if applicable. The return of the customer’s computer(s) will be subject to prior payment of diagnostics fee and carriage if applicable. Esthetig may waive the diagnostics fee at its discretion.
If the customer’s computer develops a fault in the course of service delivery by Esthetig on-site or off-site, the customer agrees not to hold Esthetig responsible for the fault. However, Esthetig will do its best to remedy the problem at no cost to the customer unless parts are required. All computers repaired in Esthetig’s workshops are checked for viruses/malware/spyware, but unless the customer has paid for a virus removal service Esthetig cannot guarantee they will be free from infection. Esthetig is not responsible for any virus/malware/spyware infections that occur after the customer has received their computer(s). The customer acknowledges and accepts that Esthetig will charge for any additional virus/malware/spyware removal service the customer request.
If a customer’s computer(s) are declared irreparable, they will be delivered back to the customer within fourteen (14) days from the time the customer was informed. If the customer fails to provide a suitable time or be in at the arranged time the computer(s) can be delivered, Esthetig reserve the right to charge the customer for storage at a rate of £3.00 a day until the passage of a maximum of eight (8) weeks. The customer must claim or collect the computer(s) within a further eight (8) weeks, or the customer acknowledges and agrees that Esthetig may dispose of the computer system and/or equipment as it sees fit.
Where the customer requires Esthetig to carry out any configuration or installation services, Esthetig shall do so as a sub-contractor to the customer and these terms and conditions contained herein shall constitute the terms and conditions of the sub-contract.
Same-day call out is subject to the following restrictions: A call must be received by 10:00am on the day the call out is to take place, we cannot guarantee same-day callout after this time. Also, we cannot guarantee the availability of same-day call out as we may have already booked appointments for other customers. If we cannot offer you a same-day callout, a convenient time will be offered to you.
Remote repairs are not suitable for all types of computer repair. We offer two different payment options for remote computer repair: A one-off payment and a regular fee; this can be paid monthly or annually.
Where the customer requires Esthetig to carry out a wipe and recycle service, the customer agrees that the equipment once given/delivered to Esthetig becomes the property of Esthetig to dispose of as they see fit through the reuse of parts or recycling at an approved Recycling Centre in accordance with WEEE Directive 2003. Esthetig will wipe the customer’s data from all fixed disk storage media (HDD) prior to disposal and will not use the data for its own benefit whatsoever. However, the customer agrees that legal responsibility for the data remains theirs.
Where the customer has asked Esthetig to back up their data, Esthetig will backup data from common data storage locations, Esthetig will endeavour to locate data stored elsewhere on the customers fixed disk storage media. However, the customer agrees that it is their responsibility to inform Esthetig if data is stored in locations other than My Documents; further the customer agrees and acknowledges that Esthetig is not responsible if data is not backed up from locations other than My Documents and release Esthetig from blame for loss of data.
Esthetig have withdrawn maintenance policies. However, for policies that remain in force the policy will not cover products, hardware or software or deliberate acts of damage by the customer and/or third-party. Additional charges may be made at the discretion of Esthetig. If advice Esthetig give to the customer to prevent computer problems is not carried out, the customer will be advised prior to any work being carried out if there is an additional charge to be made.
Esthetig reserve the right to amend its prices from time to time with or without notice.
All prices for products and services stated in any quote or estimate whether in writing, electronic or verbal are those current at the time of the customer’s enquiry by phone, email or verbally and shall remain in force for a period of no greater than thirty (30) days.
A minimum standard charge for one (1) hour applies to any on-site visit. Once work commences, a charge will apply for the engineer’s time on the premises.
Esthetig reserves the right to charge Business customers at a different rate to private residential customers.
On-site visits do not normally carry a call out fee. However, Esthetig reserve the right to charge a call out fee for on-site visits to premises further than twenty (20) mile radius from its premises and also charge at a higher rate if the call begins after 5:00pm. In this case Esthetig will offer a quotation before arranging to visit the customer’s premises.
Where possible, Esthetig will offer a fixed fee to carry out certain types of work; a quotation/estimate will be given prior to any work being carried out.
All prices are exclusive of VAT taxes levied by the UK government. Duties or other government excise, sales, use, occupational, gross receipts or like taxes including any country charges now in force or enacted in the future and, therefore, are subject to an increase by the amount of any such tax.
Esthetig agrees to provide the services described in the contract. Where such services are sold online, the quotation to supply the services is as shown at the online store item page, shopping cart, and order pages.
Prices shall apply for the period specified in the quotation. If no period is specified, the prices shall apply for thirty (30) days, excluding those prices shown online. Online pricing is only valid at the time shown. All orders are subject to acceptance by Esthetig.
Esthetig is not bound to honour offers that have expired. Offers are not legally binding until an acceptable timetable for the work as been agreed by both parties. The timetable must be agreed within the time that the offer is valid. If an acceptable timetable has not been approved by both parties within one month of the offer being made, the offer is deemed to have expired.
All payments shall be made in Pounds Stirling (GBP).
Esthetig does not offer any form of credit; all invoices should be paid on or before their due date.
Esthetig reserves the right to request a deposit for any goods or services it supplies at a rate deemed acceptable by Esthetig.
Payments should be made in cash, bank transfer, standing order, or, in the case of online orders, with a valid credit or debit card, using our online billing system.
Esthetig Ltd is no longer able to accept cheques.
Payment for all computer services provided by Esthetig must be made to the engineer once work has been completed.
All payment for goods and services must be made upon receipt of an invoice from Esthetig Ltd. Normally, this is paid to the engineer at the end of the callout. However, where an invoice is generated by Esthetig Ltd. After twenty one (21) days Esthetig reserves the right to claim a service charge of the greater of £10 or eight (8) percent + the prevailing Bank of England base rate or the maximum rate allowed by law.
If the customer fails to pay any invoice when due, or if Esthetig believes in good faith that the customer’s ability to make payments may be impaired, Esthetig may suspend delivery of any services held by the customer until such payment is made and the customer shall remain liable to pay for any products or services already shipped or supplied. The customer agrees to pay any and all legal fees and out-of-pocket expenses incurred by Esthetig associated with payment collection. In the event of returned cheques, the customer agrees to reimburse Esthetig any fees levied at Esthetig’s bank (see Santander’s current charges for details of these fees). Esthetig, at their discretion and in line with these terms and conditions, may also terminate services provided. Again, the customer acknowledges and agrees to pay any outstanding fees or charges and the customer shall remain liable to pay for any goods or services already shipped or supplied.
If the customer fails to pay for an invoice and that invoice remains unpaid, Esthetig reserve the right under these terms and conditions to suspend a customer’s account after twenty one (21) days from the date of the customers invoice.
If a customer fails to pay for an invoice and that invoice remains unpaid, Esthetig reserve the right under these terms and conditions to terminate a customer’s account after thirty (30) days from the date of the customers invoice.
The customer acknowledges and agrees that the invoice shall remain due after suspension and/or termination of their account that the customer shall remain liable for the full value of the invoice plus any reasonable fees or charges that cause Esthetig to be out of pocket.
The customer acknowledges and agrees that Esthetig will seek recovery of any outstanding monies that the customer owes them through the courts of England and Wales.
If a customer’s account is suspended or terminated the customer shall not be entitled to a refund of the fee paid for that year.
If a customer’s account is suspended or terminated, the customer will free Esthetig of any responsibility for data lost, it is the customer’s responsibility to ensure that all webpages, databases, emails and any other forms of data hosted by Esthetig for the customer are backed up Esthetig does not, nor guarantees to, backup data hosted on its servers.
Any abuse of Esthetig staff, officers or subcontractors in any medium or format will result in the suspension or termination of customer services.
Esthetig warrants completing the work in accordance with these terms and conditions to the specifications previously agreed with the customer. Esthetig will not charge more than the amount previously agreed unless the customer has varied the specifications of the work since the agreement. Esthetig will not undertake changes to the specifications of the work which would increase the costs, without prior written or electronic authorisation from the customer.
The customer agrees to pay any outstanding fees due under the contract upon completion of work.
On completion of work, the customer will be notified and have the opportunity to review it. Inspection and acceptance of the services shall be the customer’s responsibility. The customer is deemed to have accepted the services unless notice of rejection is received by Esthetig within seven (7) days after delivery of the products or services. The customer waives any right to revoke acceptance thereafter. The customer shall report any discrepancy between the completed work and the specification within seven (7) days after work has been undertaken.
Any work which as not been reported in writing to Esthetig as unsatisfactory within the seven (7) day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot be subsequently rejected and the contract will be deemed to have been completed. The contract will remain in effect until all obligations have been completed in terms of this clause.
If the customer rejects the work within seven (7) day review period, or will not approve subsequent work performed by Esthetig to remedy any points reported by the customer as unsatisfactory and Esthetig considers that the customer is unreasonable in repeated rejection of the work, the contract will be deemed to have expired and Esthetig can take any legal measures to recover both payment for the completed work and reasonable expenses incurred in recovering payment.
In the case of products, no return shall be accepted by Esthetig without a Return Material authorisation (RMA) Number, which may be issued by Esthetig or its vendor at its or their sole discretion. Returned products must be in original manufacturer’s shipping cartons complete with all packaging materials. All products for return shall be returned postage/courier prepaid. If returned products are claimed to be defective, a complete description of the nature of the defect must be included with the returned products.
Esthetig cannot accept any return of third-party electronic products once delivered, Esthetig advise the customer to fully check the specifications of the products prior to purchase to ensure that the products meets the customer’s requirements.
Esthetig can take no responsibility for services provided by third parties through Esthetig or otherwise.
Offers, specifications and quotations by Esthetig to potential customers should be treated as trade secrets and remain the property of Esthetig.
If the work carried out by Esthetig includes Open Source software, the customer agrees that the ownership and rights remain with the copyright holder.
Esthetig will make every possible effort to preserve the customers data. However, Esthetig make no guarantees or warranties whatsoever that data will be intact after the computer(s) have been repaired and tested. The customer agrees not to hold Esthetig responsible for any loss or damage to data as a result of repairs, upgrades or any other services carried out of their computer(s) or network.
Esthetig will not held responsible for the legality of their customer’s data. Legal liability will remain with the customer at all times for their data including any transferred to other media owned by Esthetig for the purposes of backup and recovery.
Esthetig reserves the right to inform the necessary authorities and assist them to the full extent of the law, if customer data appears to be of an illegal nature.
Any software that is not freely accessible to third parties and not in the public domain and to which Esthetig or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from Esthetig. Unless previously agreed otherwise in writing, no modifications may be made by the customer or any third-party to software which Esthetig or their suppliers owns the copyright. Esthetig acknowledges the intellectual property rights of the customer. Information passed in written or electronic form to Esthetig the customer has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the customer.
Clients that experience a problem with services provided by Esthetig should raise the matter directly using one of Esthetig’s online contact forms to do so, giving sufficient information to locate the material (such as URL) and clearly outlining the grounds for complaint.
Esthetig will approach the individual responsible for the service in question with a view to resolving the matter to the satisfaction of the complaint.
The formal complaints procedure should only be used where the complaintant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Esthetig at its registered address: Esthetig, Bethel, 26 Tan y Fron, Deganwy, Conwy, LL31 9YN. Upon receipt of the formal complaint, Esthetig will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven (7) days of its receipt; a full and considered response to the complain should be completed within thirty (30) days and any subsequent remedy implemented with the minimum of delay.
The customer agree that Esthetig shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this agreement, even if Esthetig has been advised of the possibility of such damages, and in particular Esthetig will not be liable for the following:
Esthetig shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by third parties arising out of or related to any service provided by Esthetig.
The customer agrees that, upon completion of any legal proceedings, the customer will cover all legal fees incurred by Esthetig when the legal proceedings either, find in the favour of Esthetig, or a settlement is made out of court in the favour of Esthetig.
Esthetig’s maximum aggregate liability shall not exceed the greater of:
The customer agree to defend, indemnify and hold harmless Esthetig and any third-party appointed by Esthetig as its agent and any of Esthetig’s officers, directors, employees, representatives, agents, affiliates, from and against any claim, action, suit, demand, loss, damages, costs (including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the use of any of Esthetig’s services. This indemnification is in addition to any indemnification required from time to time by Esthetig.
The customer also agree that in the event of disputes arising with any third-party, the customer shall indemnify and hold Esthetig harmless pursuant to the terms and conditions contained in these terms and conditions.
Esthetig shall not be liable for any claims regarding the physical functioning of the equipment/media or the condition of data stored on the media supplied before, during or after services. In no event will Esthetig be liable for any loss of data or loss of revenue or profits before, during or after services even if Esthetig has been advised of the possibility of damages or loss to persons or property.
Esthetig’s liability of any kind with respect to the services including any negligence or delay in delivery of service on its part, or loss of equipment or media, shall be limited to the fee charged for services rendered.
The customer must be aware of the inherent risks of damage to media or equipment that is involved when undergoing data recovery or computer repairs, including without limitation, risks due to destruction or damage to the media or equipment and/or data stored and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of Esthetig. The customer agrees not to hold Esthetig responsible for any damage or loss of equipment or media or data. In case of any damage or loss to the original media or equipment, the liability of Esthetig shall be limited the fee charged for the services rendered.
The maximum aggregate liability of Esthetig to the customer whether in contract, tort or otherwise for any direct loss or damage including to tangible property suffered by the customer as a result of any default of Esthetig shall be limited to an aggregate to the lesser of £100 or an amount equal to the sums paid by the customer in respect to fees charged for the services rendered.
Esthetig shall not be liable to the customer whether in contract, tort or otherwise and even if foreseeable by or in the contemplation of Esthetig for any loss of profits, business, revenue, goodwill or anticipated savings, whether sustained by the customer or any other person. Esthetig shall not be liable to the customer whether in contract, tort or otherwise for any special, indirect or consequential loss whether sustained by the customer or any other person.
Any advice or recommendations given to the customer by Esthetig or its employees or agents as to storage, application, use or preference of the goods which is not confirmed in writing by Esthetig, is followed or acted upon entirely at the customer’s own risk and accordingly Esthetig shall not be liable for any such advice or recommendation which is not so confirmed.
While Esthetig will make every effort to preserve the integrity of any equipment under repair, the customer agrees not to hold Esthetig responsible for any accidental damages to the equipment in its possession including, but not limited to surface scratches, deformations and cracks.
The customer represent and warrant that:
Esthetig offers a thirty (30) day guarantee on computer services carried out on behalf of the customer.
Esthetig guarantee to return to the customer’s premises to put right any fault directly caused as a result of service carried out by their engineers.
Esthetig does not guarantee any parts involved in the repair process, these are covered by manufacturers warranties; Esthetig will not supply any hardware to the customer. However, our engineers may recommend a reliable supplier. The customer agrees that Esthetig Ltd or any of its employees will not be held responsible, financially or otherwise for any dispute with suppliers that are recommended.
The guarantee does not cover the customer for repeat work should the customer and/or third party be found to have caused the error or problem.
Esthetig cannot guarantee virus/malware/spyware removal service as, due to the nature of computer viruses/malware/spyware reinfection can occur again (even immediately) if the customer visits websites, receives emails or uses media that is infected. The customer acknowledges this and agrees that Esthetig will not be liable for any repeat infection.
Esthetig reserve the right to make additional charges within a thirty (30) day guarantee period if any fault is not of their making or is a result of misuse/misunderstanding of the customer’s computer system by the customer and/or third-party.
Our remote PC repair service is available in two different versions: a one off repair and a regular repair/maintenance contract.
This is paid for in advance through our website, once we receive your order we will send you a link to download a small tool, that will need to be installed on your computer, and a code to enter once you have installed the tool. Once this has been installed we will arrange with you a suitable time at your convenience that we will be able to carry out the repair for you. During the period that the repair is taking place we require that you do not interact with your computer in any way. We will let you know when we have finished with the remote repair to enable you to remove the tool and disallow remote access.
When you choose this option we will send you a contract in the form of an email form. You digitally sign this form by ticking that you accept the contract and adding your name, the date and time of signing at the bottom of the contract. When we receive your contract back via email (click the send button on the contract form) we will set up your account on our billing system and send you an invoice for either the full annual fee or, if you prefer, monthly instalments. PayPal is used to set up these regular payments, simply login to our client area using the credentials that will be sent to you and select to pay the invoice by PayPal, you will then be taken to the PayPal secure payments page where you can enter the details of your debit/credit card – if you are paying monthly, you will agree to pay the monthly fee regularly for at least one (1) year.
The regular repair/maintenance contract allows you to us our remote PC repair service to have your computer repaired or maintained up to four (4) times during the lifetime of the contract (see contract for further details).
You agree to keep up the regular payments and, if a payment is missed that you are liable for the full annual fee, currently £100.00.
Our No Fix, No Fee policy means that if we do not possess the necessary technical knowledge or ability to resolve the problem or affect the repair, then no charge is made to the customer.
If we are able to resolve the problem, but are prevented from doing so because the customer does not possess the required software CD-ROM, drivers etc., Product Key or Licence, or other external dependencies such as faulty equipment or no internet service by BT or the Internet service provider, then the customer will be charged for the engineer’s time spent to that point.
If the engineer provides a clear and precise diagnosis of the problem and the customer decides not to proceed with either the replacement of the component or any other fix procedure, then the customer will be charged for our time spent at that point.
We use Google Forms to generate contracts for all work to be completed. You agree by digitally signing these contracts – to do this you would tick to indicate that you accept the contract in full, add your name, date and time of signing the contract and then returning it to us as approved by clicking the send button at the bottom of the form.
We accept all confirmation of contract acceptance forms in good faith that you have the authority to sign the contract digitally. You accept that contracts signed in this manner are as binding as if they were equivalent contracts in paper form and you fully accept the contract and our terms and conditions in their entirety.
Esthetig reserves the right to suspend, cancel, transfer or modify the customer’s usage of Esthetig’s services in the event that:
The customer acknowledges and agree that:
Shall constitute a material breach of this agreement and will be sufficient basis for cancellation of services provided by Esthetig.
The purchase of goods and services over the internet, by phone or by mail order generally is subject to the Distance Selling Regulations. One of the most important implications of these regulations is a cooling off period of seven (7)days during which the customer have the right to cancel. The customer must provide notice of cancellation in writing and it must be posted to, or emailed to Esthetig, and the customer must ensure this is done no later than seven (7) working days after receipt of goods or services.
Services ordered for dates earlier than seven days are not covered by the cooling off period; only products purchased. Therefore, the customer’s right to cancel does not apply and Esthetig will make no refund for any service provided.
The customer shall not assign, sub-contract or otherwise transfer the contract without the prior written consent of Esthetig, which consent shall not be unreasonably withheld. For the avoidance of doubt, the provisions of this clause shall not apply to Esthetig.
Should the customer appoint another developer during the lifetime of the contract, the customer agrees that the contract will require full renegotiation and settlement of the existing contract prior to a new contract being issued.
The customer agrees that any major revision to the specification, definitions or expectations of the contract, a new contract will be negotiated.
Where the contract cannot be renegotiated and an entirely new contract is required, the customer agrees to fully settle the previous contract with Esthetig.
If the contract is terminated prior to the contracted period by either party, the customer agrees to reimburse Esthetig for all charges made in the contract, including, but not limited to, the full contract value.
The customer agrees to pay Esthetig the prevailing termination fee (available upon request).
The customer agrees that the courts of the United Kingdom (England and Wales) shall have exclusive jurisdiction.
Esthetig shall not be liable for failure to fulfil its obligations herein or for delays in delivery due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labour or materials through its regular sources, software, hardware or electrical failure. Esthetig’s time for performance of any such obligation shall be extended for the time period of such a delay or Esthetig may, at its sole discretion, cancel any order or remaining part thereof without liability by giving notice of such cancellation to the customer.
Esthetig reserves the right to revise these terms and conditions at any time without notice, these terms and conditions may change from time to time, by continuing to use our services, the customer agrees to abide by these terms and conditions in their entirety including any revisions no matter when those revisions were made.
These terms and conditions sets out the entire agreement of the parties and supersedes all prior agreements and understandings relating to its subject matter. This provision shall not apply in the case of fraud.
— End of Terms and Conditions —