Terms & Conditions

By using this website and / or applying for any product or service provided by Tim Ballard, you are agreeing to the terms and conditions as shown below. If you do not agree to these terms, do not continue using this website and products and services that have been provided by Tim Ballard. Any ammendments to these terms and conditions will be posted on the home page of this website.

1. Price and Payment

1. Any product or service offered by Tim Ballard is provided at his own discretion.

   Tim Ballard has the right to refuse any work or request in special circumstances where the request is beyond his technical or professional ability.

2. Any client that requests a product or service provided by Tim Ballard that requires payment will be given a quotation.

   The client may accept, refuse or ask for a refinement of the quotation according to a different specification.

3. The method of payment may be unique to each client and it is at Tim Ballard's discretion to decide how and when payments are made.

   Upon agreeing to a quotation, the client must acknowledge their agreement of these terms and conditions either by electronic (including submitting an online form) or written means.

4. Early cancellation.

   The client may terminate a contract at anytime. However, the client agrees that in the event of the cancellation, the deposit (first payment) is non-refundable.

2. Terms specifically for clients

1. Clients must not divuldge any contact information to a third party regarding Tim Ballard without permission. The client may write a referral of the service that they experienced containing the name Tim Ballard and the website address http://www.tim-ballard.co.uk.

   Tim Ballard does not discriminate on the basis of age, gender, or ethnicity. If any client is found to be breaking the law or infringing on intellectual property, Tim Ballard has a right to withdraw all contact and is not held responsible for any legal proceedings.

3. Member Web Page Guidelines

1. Tim Ballard is not responsible for the content on any web pages owned by his clients.

   The views expressed on any clients' web pages are the responsibility of the client. The client may have used a content management tool to make changes to their website, which Tim Ballard has provided them with, but the tool does not restrict in any way the content input by the client. Tim Ballard reserves the right to inspect all client web pages for material which, at the sole discretion of the Tim Ballard is considered to be objectionable, offensive or in any way undesirable.

2. Tim Ballard has no obligation to provide phone support or other additional support services to the client unless otherwise stated in a contract signed by both the client and Tim Ballard.

3. Tim Ballard reserves the right to remove any page from his or his client's websites at any time. However, in this rare case, the client will possibly be given prior warning(s) and notified of the reasons behind such action.

4. Tim Ballard has an obligation to notify the client of any changes to a quotation or additional charges before work is carried out, unless the client requests invoicing after the work is carried out.

5. Tim Ballard is not required to provide any of his web space for his client's use. Tim Ballard makes no warranties about advice that is given to clients. It is the clients decision if they decide to follow advice given, which Tim Ballard believes to be in their or his best interest.

   Tim Ballard is not responsible for any damage caused by loss or inaccessability of information originally provided the client.

6. The following is a non-exclusive list of actions and content that Tim Ballard does not knowingly permit on clients' websites:

• Any use of copyrighted material without the express permission of the author or owner. With specific regard to issues of software piracy and copyrighted material, please see section 6. below.

• Pages that exploit the images of children under 18 years of age.

• Material that is grossly offensive to Tim Ballard, his family, friends or related businesses or organisations, including clear expressions of bigotry, racism, or hatred.

• Pages that promote illegal activity.

• Material that defames, abuses or threatens others.

• Web pages that exploit or mislead other Internet users.

• Making available copyrighted software which has been "cracked" - i.e., the copyright protection has been removed from the software;

• Making available serial numbers for software which can be used illegally to validate or register software;

• Making available tools, which can be used primarily for "cracking" software (this does not include tools that have legitimate uses for software developers, system administrators, etc.).

• Distribution of any other material that may involve a breach of copyright. (for example, music)

7. Privacy

1. Tim Ballard will keep confidential any information it holds about a client which is of a confidential nature and not supplied for inclusion on the Site.

   Tim Ballard reserves the right to distribute aggregated demographic information provided by clients, but will not release the name or other personal information about a client unless the client gives its permission or the information is already in the public domain or it is required to do so by law or other competent authorities or this is required in the course of its administration on the Site.

2. The exchange of information between Tim Ballard and the client such as passwords or electronic mail may not be secure given the current state of the Internet.

   Tim Ballard encourages Clients to change their passwords frequently.

8. Copyrighted Material

1. All material on the this website (http://www.tim-ballard.co.uk), including, without limitation, text, software, photos, video, graphics, music and sound, are protected by British and international copyright laws, both as individual works and as a collection.

   Unless otherwise stated, the downloading or use of copyrighted material provided by Tim Ballard or a third-party content provider is allowed by Clients for its own internal business use only. Clients may not copy (save in connection with their genuine internet business use), reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise.

2. No material protected by copyright may be given to Tim Ballard for use on their website or on this website unless prior permission has been granted by the copyright owner or author of that material.

3. The client shall not itself move or copy any web pages from this website to anywhere else on the Internet, even if it is their own website under construction. Tim Ballard holds the copyright on the design of the client's website until the final payment has been accepted.

4. If Tim Ballard becomes aware of the presence of copyright infringing material on its server either in the course of its ordinary and reasonable business activities, or through notification by a third-party of the alleged presence of such materials, or as the result of a content scan Tim Ballard will:

• Try to contact the Member responsible for the infringment and alert him or her of the allegations of copyright infringement and notify the client that within five days he or she must respond explaining why the allegedly infringing material does not constitute infringement of copyright. Tim Ballard will also alert the Client that in the absence of such a response, the Client reserves the right to delete the page; and...

• ...if the Client fails to respond within five days, Tim Ballard may remove the page. If the alerted party responds to the allegations and claims the page is not infringing, Tim Ballard may either forward the response to the third party alleging the infringement, or remove the page or both.

• If in its sole discretion, Tim Ballard concludes that one of its Clients web pages contains a severe copyright violation, Tim Ballard reserves the right to delete the offending web page or website at any time without notice.

9. Limitations of Liability and Warranty

1. All website users agree that the use of this or any client website is entirely at their own risk.

2. This website is provided on an "as is" basis without warranties of any kind, either express or implied.

   Neither Tim Ballard nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with this website.

   Tim Ballard and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on this website and are not responsible for:

   ...any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained within this website; or any losses or damages arising from the use of the content or services provided by this website.

3. On no account shall Tim Ballard have any liability to the Client for consequential, special, economic or indirect loss, for loss of savings or goodwill or for loss of revenue.

4. The Client specifically agrees that Tim Ballard or third-party content providers are not liable for any conduct by Clients associated with this website, including, but not limited to, Clients' web pages, publications, downloads, forums.

10. Indemnity

1. The Client agrees to indemnify Tim Ballard and any third-party information provider against any and all claims and expenses, including legal fees, arising from the Client's use of this or their own website. This expressly includes:

• Client's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libellous or unlawful material contained within Clients web pages, publications, downloads or forums.

11. Termination of Service

1. Tim Ballard may terminate contact with the Client and any and all information, communications, Postings, or web pages at any time, without notice, for conduct that violates these Terms & Conditions or other policies or guidelines set out by the Company elsewhere on this website.

   Tim Ballard may terminate contact with the Client and delete any and all information, communications, Postings, or web pages for online conduct that the Company believes is harmful to other Members, the business of the Company, or other third-party information providers. No refund of payments will be offered on a termination of Service, save that where Tim Ballard terminates contact with a client on grounds not resulting from a fault of the Client - Tim Ballard may at his sole discretion refund a part of the price paid for the service provided as Tim Ballard considers this reasonable in these circumstances.

12. Force Majeure

1. If and to the extent that Tim Ballard is hindered or prevented by circumstances not reasonably foreseeable or beyond its reasonable control from performing any of its obligations under this Agreement then it shall be relieved of its liability to the Client for failure to perform such obligations.

13. Notice

1. All notices under this Agreement shall be in writing, sent by [telex, facsimile, email, first class, special or recorded post or email] to the notices sent by receiving party at such address as has been notified to the other party.

   In the case of first-class post the date of service shall be deemed to be the day on which the notice posted. In the case of notices sent by telex, facsimile or email the date of service shall be deemed to be the day on which the notice was transmitted, subject to a satisfactory transmission being obtained. In the case of notices sent by special or recorded delivery the date of service shall be deemed to be the date of delivery.

14. Choice of Law

1. The Agreement shall be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.

15. Entire Agreement

1. These Terms & Conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any other agreement, proposals and communications, written or oral, between Tim Ballard, his representatives and the Client.

   Tim Ballard may amend or supplement these Terms & Conditions at any time on notice to the Client as published on this website's home page.