Bexmon™ Email Confidentiality Notice
The information contained in the emails sent by any of the Bexmon™ employees are confidential and may contain proprietary information. It is meant solely for the intended recipient. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted in reliance on this, is prohibited and may be unlawful. No liability or responsibility is accepted if information or data is, for whatever reason corrupted or does not reach its intended recipient.The views expressed in the emails are, unless otherwise stated, those of the author and not those of Bexmon™ Ltd / Srl or its management.
These Terms & Conditions, together with the Particulars set-out, supersede any Terms & conditions previously in use, they are based upon English & Scottish Law, with any disputes being resolved by the courts of either England or Scotland.
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General terms and conditions
1. The term "Supplier" means BEXMON SRL (LTD), the term "Purchaser" refers to the Buyer throughout these Terms & Conditions.
2. The "Supplier" reserves the right to "Title of Goods" until payment is made in full.
3. No alteration of these Terms & Conditions can be made after the Buyer has ordered the goods - That is once an order has been agreed between the "Buyer" and the "Supplier" by way of order acknowledgement, Purchase Order or Order written acknowledgement by either parties. The "Supplier" may alter these Terms & Conditions at times deemed necessary by the "Supplier" in order to safeguard business interests other than that stated above.
4. All prices quoted are those set-out in the "Suppliers" quotation, including "Artwork" but excludes "Delivery Charges" to either one or multiple locations, or unless otherwise stated.
5. Payment Terms
5.1 Payment Terms for non-Business Trade Buyers (General Public) is Proforma.
5.2 Payment Terms for Trade purchases are strictly "7 Days" from date of invoice.
5.3 In certain circumstance the "Supplier" may request a deposit of 50% of the total amount outstanding prior to acceptance of the order.
5.4 In certain circumstances the "Supplier" may request
"Proforma Payment" in advance of delivery of the goods.
5.5 The "Supplier" reserves the right to apply a surcharge of "4%" above on all late payments or overdue amounts from the due date of payment.
6. Deliveries
6.1 All deliveries made to the "Purchaser" should be checked with 24 hours of the date of Delivery.
6.2 All Damages or Shortages, should be reported to the "Supplier" within 24 hours and in writing.
6.3 Failure to complete the checking of Goods Delivered and the reporting of any such Shortage or Damages, would be deemed by the "Supplier" that the goods have been accepted by the "Purchaser" complete and unharmed.
6.4 Under certain circumstances and out-with the control of the "Supplier" in particular when Goods are sourced from the third party Manufacturer or other Supplier, delays may occur, when and if this event does happen, the "Supplier" will notify the "Purchaser" as soon as is reasonable, that there will be a delay in delivery.
7. Acceptance of Quotations & Artwork
7.1 The "Supplier" will only accept an order for delivery once the "Artwork or Quotation" has been signed by the Purchaser.
7.2 In certain circumstances, whereby "Artwork" reflects a specific requirement of the "Purchaser" and is deemed their "Copyright" orders will be accepted on a "Non-Returnable" basis.
8. Under/Over Supply of Ordered Articles
8.1 The "Supplier" reserves the right to supply either "Over/Under 10%" of the ordered articles, which is due solely to Manufacturing problems, we therefore advise each "Purchaser" when ordering to ensure that the order reflects this possible "Margin of Error".
9. Force Majeure
Neither party will be liable for any delay, loss or damage caused wholly or in part by an Act of God, Governmental restriction, condition or control or by reason of any Act done pursuant to a Trade Dispute, whether such dispute involves its servants or by reason of any other Act, Matter or Thing, out-with reasonable control of the Company or Individual.
10. General
10.1 All prices exclude VAT
10.2 We reserve the right to refuse to accept orders
10.3 We reserve the right to amend our prices and specifications without prior notice. We will, when possible, make such information available at the earliest opportunity.
10.4 All artwork/designs and colour matching is approximate and complete accuracy cannot be guaranteed.
11. Returns Policy for Non-Trade Customers
11.1 Customers have the right to cancel their order within 7 days of placing the said order, or within 7 days of receipt of those ordered goods, (whichever is the longer). If the Customer does cancel the order, they will have their payment returned after 50% administration fee has been applied. Items received must be returned within 7 days of receipt, giving the reason for return. All returned items must be in perfect/new condition on receipt to us. (We will not be liable for any return courier costs). Should the item being returned be faulty in accordance with our money back guarantee, we will offer a full refund or replace the item accordingly. (Due to the personal nature of personalised products, we can only replace such items if they are faulty, no refunds can be given for personalised products).
12. Complaints
12.1 In the unlikely event of a complaint being registered, we will do our utmost to rectify the problem. Please contact us immediately by telephone (0207 965 030) or e-mail (office@bexmon.com)
13. Customs
13.1 For those customers outside the European Union, customs duty may be payable on your ordered goods. Fees are outside our control and must be paid by the customer. Also, carriage charges will differ from United Kingdom resident "Purchasers" and a higher carriage charge may be levied at the discretion of the "Supplier".
14. Marketing
14.1 There are options on this site to register your e-mail address to join our mailing list. This will only be used for marketing purposes. Leaving your e-mail address will include opting to subscribe to our monthly newsletter and the forwarding by us to you, of 'special or promotional offers'. By giving your e-mail address, it will be accepted by all parties that you have agreed to both subscribe to such a newsletter and the forwarding of such offers. (You may unsubscribe at anytime by e-mailing us with your removal instructions).
15. Acceptance
15.1 The placing of your order, whether online, by telephone or fax denotes that you have accepted our Terms and Conditions as stated.
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Bexmon™ Web applications / web portals - Terms & conditions of use
Introduction
These Terms and Conditions govern your use of the Bexmon™ websites / web applications / portals and your relationship with Bexmon™ ("Bexmon™ websites / web applications / portals" ; "we" or "us"). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use these websites including incorporated web applications and portals or use any other Bexmon™ Products and Services. If you have any questions on the Terms and Conditions, please contact office @ bexmon.com.
Bexmon™ makes available information, materials and products on these web sites, subject to the following terms and conditions. By accessing any part of these websites / web applications / portals, you will be deemed to have accepted these terms and conditions in full.
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Bexmon™ websites. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Bexmon™ websites. The changes will apply to the use of the Bexmon™ websites after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use these websites / web applications / portals. If you continue to use it after the date on which the change comes into effect, you use of the Bexmon™ websites / web applications / portals indicates your agreement to be bound by the new Terms and Conditions.
Access
Whilst Bexmon™ endeavours to ensure that these websites / web applications / portals are normally available 24 hours a day, we will not be liable if for any reason the site is unavailable at any time or for any period. Access to these sites may be suspended temporarily or permanently and without notice.
Intellectual Property
Unless otherwise stated, the copyright and any other rights in all material on these web sites are owned by Bexmon™.
Except as specifically permitted in particular areas of these sites, none of the information may be reproduced modified copied or distributed in any form or by any means without prior written permission from Bexmon™.
No part of these sites may be reproduced or stored in any other web site or included in any public or private electronic retrieval system or service without our prior written permission and no waiver will be valid unless in writing and addressed directly to the party concerned.
The trade marks (™), logos and services marks ('Marks') displayed on these sites are the property of Bexmon™, its licensor or other third parties. You may not use any of the Marks without the prior written consent of Bexmon™ or the third party who owns the relevant Mark.
Any rights not expressly granted in these terms are reserved.
Liability
Whilst Bexmon™ endeavours to ensure that the information on these sites are correct, no warranty, express or implied, is given as to its accuracy and Bexmon™ does not accept any liability for error or omission.
Bexmon™ shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use these sites, or any material contained in it, or from any action or decision taken as a result of using these sites or any such material.
Part of these sites contains material submitted to Bexmon™ by third parties. Those third parties are responsible for ensuring that material submitted for inclusion on these sites complies with national and relevant foreign law. Bexmon™ will not be responsible for any error, omission or inaccuracy in the material and reserves the right to omit, suspend or edit any material submitted to it. If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Bexmon™’s websites. Our liability shall not in any event include business issues such as lost data, lost profits or business interruption.
This clause shall not limit or affect our liability resulting from any products sold through the Bexmon™ websites being found to be unsafe or if something we do negligently causes death or personal injury.
Third Party Websites
Bexmon™ accepts no responsibility for the content of any site to which a hypertext link from this site exists. The links are provided 'as is' with no warranty, express or implied, for the information provided within them. Provision of a link does not imply any endorsement by Bexmon™ of the relevant site.
Submission of E-mails
Proof of sending an e-mail is not proof of receipt. Bexmon™ accepts no responsibility for non-receipt of information submitted through these sites.
Applicable Law
These web sites are controlled by Bexmon™ from its offices. By accessing these sites, you agree that all matters relating to your access to, or use of, these sites will be governed by the local law; and you agree to submit to the jurisdiction of the local courts with respect to such matters.
International Use
Bexmon™ makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Any person who chooses to access this site from other locations does so on their own initiative and is responsible for compliance with local laws.
Privacy Statement
Bexmon™ will not use the personal information collected on these websites for any purpose other than that specified. Bexmon™ declares that all information will be treated confidentially and in accordance with the legal provisions concerning data protection.
Advertising and Sponsorship
Part of the Bexmon™ websites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Bexmon™ websites complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
Your Use of the Bexmon™ websites
You may not use the Bexmon™ websites for any of the following purposes:
1. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, absence or otherwise objectionable material or otherwise breach any laws
2. transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice,
3. interfering with any other person’s use or enjoyment of the Bexmon™ websites
4. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You will be responsible for our losses and costs resulting from your breach of this clause.
Miscellaneous
You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably consider that your rights will not be affected.
If you breach these Terms and Conditions and Bexmon™ chooses to ignore this, Bexmon™ will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Bexmon™ shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
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Terms of sale (for web application development)
By placing an order with BEXMON™, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions
The Client: The company or individual requesting the services of BEXMON™.
BEXMON™: Primary designer/site owner & employees or affiliates.
General
BEXMON™ will carry out work only where an agreement is provided either by email, telephone, mail or fax. BEXMON™ will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between BEXMON™ and the client, this includes telephone and email agreements.
Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, BEXMON™ cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of BEXMON™ until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by BEXMON™ remain the copyright of BEXMON™ and may only be commercially reproduced or resold with the permission of BEXMON™.
BEXMON™ cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of BEXMON™ and where no charge is made by BEXMON™ for such additions, BEXMON™ accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to BEXMON™ all materials required to complete the site to the agreed standard and within the set deadline.
BEXMON™ will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
BEXMON™ will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
BEXMON™ will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
BEXMON™ will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit of 35% is required with any standard project and 50% for database driven projects before any design work will be carried out. This figure may be higher for websites of an adult nature and is non-refundable.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
BEXMON™ cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by BEXMON™ remain the copyright of BEXMON™ and may only be commercially reproduced or resold with the permission of BEXMON™.
Where applications or sites are developed on servers not recommended by BEXMON™, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by BEXMON™ before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, BEXMON™ will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Compatibility
BEXMON™ will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. BEXMON™ can offer no guarantees of correct function with all browser software.
Website Hosting
Whilst BEXMON™ recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by BEXMON™ cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
BEXMON™ reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the BEXMON™ policy that any outstanding accounts for work carried out by BEXMON™ or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with BEXMON™.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or BEXMON™ have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments (ccj's) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by BEXMON™ should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. BEXMON™ will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant 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 BEXMON™, who 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 days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
Date: May 2012
