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Terms and Conditions
 
 
 
 
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1. DEFINITIONS
A. "Services" means all services offered by PurpleBlob.com including all Services and other services provided by outside agents, companies and organisations acting under instruction from or on behalf of PurpleBlob.com.
B. "Customer" means an end user who is utilising Services provided by PurpleBlob.com including all Services provided by outside agents, companies and organisations acting under instruction from or on behalf of PurpleBlob.com.
C. "We" and "Our" mean PurpleBlob.com
D. "Design Services" means the design or creative element of any Services offered by PurpleBlob.com. These Services include but are not limited to graphical design, copy writing, intellectual property and ideas, consulting services, marketing materials, server and client side applications and all other Services or parts of Services which rely on the skill, knowledge or experience of PurpleBlob.com including all Services provided by outside agents, companies and organisations acting under instruction from or on behalf of PurpleBlob.com.
 
2. PRICES
A. All prices for Services provided by PurpleBlob.com to Customer are UK pounds Sterling.
B. Customer shall be responsible for paying all taxes of any nature which become due with regard to PurpleBlob.com services, except for taxes on PurpleBlob.com's income, irrespective of which party may be responsible for reporting or collecting such taxes.
 
3. ORDER/RENEWAL ACCEPTANCE, PAYMENT
A. All orders are subject to acceptance by PurpleBlob.com. An order will be deemed to have been accepted by PurpleBlob.com when written confirmation of the order is sent to Customer. We may refuse to accept any order or renewal, or delay acceptance of any order or renewal until such time that any condition that we choose to impose has been fulfilled. Such refusal or such conditions may not be unreasonable and we agree to provide Customer with reasonable notice via E-Mail, Letter or Fax of any intent to delay or decline the acceptance or any such order or renewal.
B. Payment and Terms: Payment shall be made in UK pounds Sterling to PurpleBlob.com into the account designated by PurpleBlob.com, or as may otherwise be agreed in writing by the parties. Payments are due upon provision or renewal of Services. Credit terms are offered at the discretion of PurpleBlob.com and Customer eligible for credit shall be notified before Services are provided. Services provided without agreed credit terms are due for payment on provision and payment must reach PurpleBlob.com no more than five(5) working days from receipt of invoice unless otherwise indicated either in writing or on the invoice. All credit terms or lack thereof are at the sole discretion of PurpleBlob.com who reserve the right to restrict the availability of credit terms to Customer. If due to bank charges, transfer fees, or the like, PurpleBlob.com should receive less than its invoice amount, PurpleBlob.com will re-invoice Customer for the shortfall. In the event that any account remains unpaid fourteen (14) days after presentation of invoice or (if credit terms have been agreed between the parties) fourteen (14) days after the invoice due date, PurpleBlob.com may discontinue , withhold or suspend services to Customer and/or its customer(s) to whom such unpaid amounts relate. PurpleBlob.com will not and can not be held liable for loss of business, revenue or goodwill resulting from the suspension, withholding or discontinuation of and Services due to unpaid accounts.
 
4. LIMITATION OF PURPLEBLOB.COM OBLIGATIONS AND LIABILITY
A. PurpleBlob.com may discontinue any Services, or may require fulfilment of conditions PurpleBlob.com may choose to impose as a prerequisite for continuing to provide any Service. Such discontinuation or requirement may not be unreasonable, however, and PurpleBlob.com agrees to provide Customer with reasonable notice via E-Mail or Fax of any such intent to discontinue or impose conditions.
B. Services provided by PurpleBlob.com shall be deemed accepted for all purposes thirty days after activation or renewal for such services, if no written claim or objection regarding such services has been received by PurpleBlob.com within the 30-day period. No claim related to such accepted services shall be raised.
C. PurpleBlob.com liability to Customer and/or Visitor and/or any end user of any Service is limited to the amount paid to and received by PurpleBlob.com for services not accepted. In no event shall PurpleBlob.com be liable to Customer, or any end user or any other entity for any special , consequential , or other damages, however caused, whether for breach of contract, negligence or otherwise, even if PurpleBlob.com has been advised of the possibility of such damage.
 
5. PROPERTY RIGHTS
Clients are entitled to use all Services offered by PurpleBlob.com for any reasonable use under the terms and conditions contained within this Agreement. All Design Services undertaken by PurpleBlob.com remain the exclusive copyright and property of PurpleBlob.com until full payment has been received by PurpleBlob.com for the provision of such Design Services. On receipt by PurpleBlob.com of full payment, Customer gains full rights to all Design Services produced by PurpleBlob.com with the exception of Design Services which is not the copyright or property or PurpleBlob.com or which has been produced for purposes other than the provision of Services.
 
6. DISPUTES
The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of co-operation without formal proceeding as. Any dispute which cannot be so resolved (with the exception of money due on unpaid invoices) shall be subject of arbitration upon written demand of either party.
 
7. TERM, TERMINATION
A. This agreement shall run in accordance with the term of the initial order. It shall be automatically renewed on a regular basis in accordance of the term of the initial order or subsequent change to that term.
B. On termination of any Service offered by PurpleBlob.com to Customer, all duties of PurpleBlob.com under the terms of the Service will be terminated.
 
8. PARTIAL INVALIDITY
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. PurpleBlob.com and Customer and/or Visitor agree to negotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
 
9. USE OF ELECTRONIC MAIL
The use of E-Mail shall be considered by both parties as constituting written communication between parties.
 
10. DOMAIN NAME REGISTRATION
PurpleBlob.com will, on request, acquire an Internet Domain Name on behalf of Customer once full payment, including full relevant registration authority fees, has been received by PurpleBlob.com. Any costs incurred by PurpleBlob.com for the registration and renewal of any such domain shall be reimbursed to PurpleBlob.com upon invoice from PurpleBlob.com to Customer. A Domain shall be deemed to have been registered on notification in writing from PurpleBlob.com to Customer.
 
11. WITHDRAWAL OF SERVICES ON LEGAL GROUNDS
PurpleBlob.com may, without notice, withdraw or restrict any services and/or access rights which PurpleBlob.com reasonably believe are being used for illegal or immoral purposes including, but not limited to, the transmission of illegal material or the sale of illegal goods or services. PurpleBlob.com will not and can not be held liable for any illegal use of its services unless PurpleBlob.com is aware of such illegal usage and has the means with which to prevent this use yet has chosen not to prevent such illegal use.
 
12. NOTICES
Except with respect to service of process set forth in paragraph 9, all notices may be sent by E-Mail, Fax or Mail to the E-Mail address, Fax Number or Address most recently provided and will be effective on transmission.
 
13.ENTIRE AGREEMENT;MODIFICATIONS
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. PurpleBlob.com may make changes to this agreement on provision of thirty (30) day's written notice to Customer, advising of the change and the effective date thereof. Utilisation of PurpleBlob.com Services by Customer and/or its customers and/or access by Visitor following the effective date of such change shall constitute acceptance by Customer and/or Visitor of such change(s).
 
Otherwise, this agreement may not be modified without the written consent of both parties.