Exceed IT Systems Ltd (Exceed IT) provides services including bespoke website design and development, web hosting, software development and IT support and other products and services.

The following terms and conditions are provided under an Errors and Omissions Excepted (E&OE) basis. Please contact Exceed IT if in any doubt before the use of any services.

Please refer to our other legal policies where applicable.

General Terms and Conditions

1. All product and service prices are as confirmed by written quotation only. This may be post, facsimile or email.
2. Products and Services are charged for on a pre-agreed basis. Rates and times should be clarified by the client before any work commences.
3. In the event of any dispute Exceed IT's liability will be limited to any monies paid by the client for the product or service in question.
4. Exceed IT cannot be held liable to any loss of data, service or monies through any product or service provided.
5. Services are provided as per specification. Any change in specification may be subject to further cost (at Exceed IT's discretion). Where a specification is not clearly provided Exceed IT will proceed based on any information provided and any changes may be subject to extra cost (at Exceed IT's discretion).
6. All Exceed IT bespoke products are tested before delivery (subject to limitations below). Exceed IT undertake to then repair any programming errors for a period of one month from the delivery date.
7. Where projects have a required due date the client must advise of this before a quote is given. Exceed IT may give time guidelines but these are not binding unless by prior agreement.
8. Third party products and software provided by Exceed IT are subject to the manufacturer's terms and warranty.
9. All content on this website, including logos, text, images and other content are copyright Exceed IT or respective owners. Content may not be reused without prior written permission from Exceed IT.
10. Exceed IT reserve the right to change its prices at any time. Quotes for bespoke products remain valid for a 14 day period, other prices are subject to confirmation at time of purchase. see below.
11. Exceed IT will not be responsible for any delay or failure to deliver material caused by circumstances beyond our control, such as Acts of God, fire, strikes, failure of subcontractors or suppliers to supply material required. Where such delay occurs our obligations shall be suspended for the period of such delay.
12. Unless by prior agreement, undertaking any work provided by Exceed IT shall not constitute or be deemed to constitute a partnership or joint venture or the relationship of principal and agent or employer and employee.

Web and Software products and services

1. All products are guaranteed to work with standard configurations of Windows XP and Internet Explorer 5+ only. Testing and compatibility with other systems must be requested and may be subject to extra cost.
2. Where a graphic artwork design (whether web site design, software design, logo or other artwork) is created by Exceed IT you are entitled to a maximum of 2 design revisions and 5 small design changes (where the scale of the change is at Exceed IT's discretion). If, despite said attempts, an acceptable graphic is not produced then you are entitled to cancel the project and pay any outstanding design or development costs.
3. Third party products, components and software included in bespoke systems are subject to the respective manufacturer's warranties and terms.
4. Exceed IT may acquire third party components, images, software code and other items. These third party items are used within the relevant intellectual property and copyright limitations and remain the property of Exceed IT unless by third party terms or prior agreement.
5. For certain products Exceed IT grant a 30 day license to evaluate the product or may offer. This license is only available where explicitly indicated and is not available on all products and services. At the end of the 30 day period the user has the option to purchase continued use of the service or terminate the agreement.
6. For new and experimental products a beta trial may be offered. Beta trials are offered on the understanding that the product is still under testing or development and a license is granted for evaluation in return for feedback. At the end of the trial period (as specified any time by Exceed IT), the license is expired. The user may be offered a promotion or choose to purchase the release version, at which time the license will be renewed.
7. Free products and services are provided as is and are not subject to any warranty or suitability for purpose.
8. Our error-free guarantee relates to bespoke products and relates to repairs in the event of a consistent error during standard use.
9. For additional web hosting terms and conditions please click here

Warranties and guarantees

1. All Exceed IT bespoke products come with a one month period (from time of delivery) in which you may question whether a pre-specified item is missing or incorrectly implemented (please see terms above for interpretation of specifications). There is also a one year period (from time of delivery) in which any errors in the code will be repaired at no charge. This warranty ONLY covers Exceed IT bespoke products and does not cover third party components (see above) or third party services. Should a third party service provider change their interface or terms of service then this is not covered by this warranty.
2. The Exceed IT quality guarantee is provided by the warranty described above and does not cover further repairs.
3. All non-bespoke software products are provided as is, you may report any problems and Exceed IT will repair them at its earliest convenience,
4. All Exceed IT branded hardware products are provided with a return to base warranty. This warranty excludes software items supplied with the hardware.
5. All third party products and services (whether supplied by Exceed IT or a provider of your choice) are covered by the manufacturer or suppliers warranty.
6. Exceed IT may offer an extended warranty at any time. Where this is the case it must be confirmed in writing.

Estimations and quotes

For bespoke projects, products and services Exceed IT offer estimations and quotes for the costs involved:

1. Estimates are provided for indicative purposes and are subject to change at any time.
2. Quotes for products and services are valid for a 14 day period.
3. For a quote to be valid, the client must adhere to the payment terms noted below.
4. Quotes that involve the supply of hardware and third party items are subject to the cost of the relevant items at time of purchase or confirmation of the agreement.

Prices for other products and services may change at any time.

Obligations

You undertake to supply material and other resources to us promptly as agreed between us. Furthermore you agree that a significant delay (where significant is a period of time considered reasonable within the scope of the project) in communication or supply of material during a project may incur additional costs or result in termination of the project. In this event no refunds will be given for any deposits received.

Payments

Payment options
In order to streamline our accounting procedures and keep costs down Exceed IT runs a number of invoice and payment options.

• Invoices - Exceed IT issue an invoice for all products and services purchased through Exceed IT. Invoices are emailed or (in the case of onsite support) hand delivered to the client. Invoices are posted at the clients request.
• Credit / Debit Cards - Exceed IT accepts common card types including Visa, MasterCard, Switch and Solo.
• Cash Payment - Exceed IT accept cash payments for on-site support and payments made at the Exceed IT office.
• Cheque Payment - Exceed IT accept cheques made payable to Exceed IT Systems Ltd. Cheques should be posted to Exceed IT, 12 Darenth Road, London N16 6EJ.
• Bank transfer - Exceed IT accept payments made via bank account transfer and other automated processes.
  IMPORTANT NOTE: When making automated payments (including bank transfers) you must notify Exceed IT after the payment has been made or your account may not be updated.

Payment terms
For bespoke products and services including Web design, web development, software development and graphic design Exceed IT require a non-refundable deposit of 50% of the pre-agreed project cost with the remainder due upon completion.

In certain circumstances Exceed IT may agree to refund part of a deposit if an agreement has not been reached for a graphical design (as defined above). This agreement must be confirmed in writing before any work commences.

For all other products and services (including hardware, web hosting, domain names and package software products) must be pre-paid.

Other payment terms may be pre-agreed with Exceed IT in advance of any work being carried out. All communications must be in writing.

IT support and consultancy services must be paid on completion of the pre-agreed activities. Exceed IT may agree alternate arrangements in advance.

Cancellations and refunds
Exceed IT reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Exceed IT terms of service a refund will not be issued in the event of a cancellation.

Indemnification

You agree that you shall indemnify us against all claims, demands, losses, damage, costs or expenses incurred by us as a result of a breach of any provision of this Agreement law or regulation and as a result of any third party legal action or threatened action in relation to material which you have supplied to us or incorporated with products and services or through our involvement with you under this Agreement. You shall be responsible for ensuring all registrations and formalities are complied with in relation to any website we prepare for you, including without limitation, registration of trade marks and under data protection laws.

You agree our liability for breach of this Agreement or any other liability of us to you shall be limited to the project, product or service value of the contract and that all implied terms, conditions or other legal provisions are hereby excluded; neither party shall exclude or limit its liability to the other for death or personal injury caused by negligence. We agree that the exclusion and limitation of liability in this clause is reasonable, reflects the respective financial positions of the parties and that the price agreed reflects the position on liability. In no event shall we be liable to you for indirect, financial, consequential loss, loss of profit, revenue or goodwill.

The termination of this Agreement shall not affect the provisions of this clause which shall continue thereafter.

Termination

This Agreement shall continue until either the project, product or service is completed as per a pre-defined specification, or with an on-going work commitment may be terminated on one months' notice from one of us to the other given at any time to expire at the end of the pre-agreed contract term.

Where one party is in breach of this Agreement the other may serve written notice to terminate the Agreement forthwith, Where the breach can be remedied 30 days notice to remedy shall be first given and where remedied such termination will not take effect.

Either party may terminate this Agreement forthwith by written notice where the other goes into liquidation or is declared bankrupt or otherwise is unable to pay its debts as they fall due.

On termination by us or by you for whatever reason all your rights to use any product, deliverable or service shall cease and you shall retain no copies thereof.

Disclaimer

Exceed IT will not be responsible for any damages your business may suffer. Exceed IT makes no warranties of any kind, expressed or implied for products and services we provide. Exceed IT disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Exceed IT and its employees and service providers. Exceed IT reserves the right to revise its policies at any time.

These terms shall be construed in accordance with English Law and we both submit to the non-exclusive jurisdiction of the English courts in relation to disputes under this Agreement.