Terms & Conditions for the use of https://capitan.website

Version 2.1 - July 2024

Capitan (Supplier), incorporated and registered in England and Wales with company number 13198574 whose registered office is at 124 CIty Road, London EC1V 2NX

You (Visitor), the viewer of this Site or Services.

AGREED TERMS

1. Interpretation

1. The definitions and rules of interpretation in this clause apply in this agreement:
   
   • Agreement: these Terms and Conditions for the use of https://capitan.website, together with the Privacy Policy and Data Processing Policy
   • Customer Data: the data inputted by the Visitor.
   • Data Protection Officer: the person with overall responsibility for the day-to-day implementation of the Data Protection Policy, who can be contacted via https://capitan.website.
   • Data Protection Policy: available at https://capitan.website/legal/
   • Privacy Policy: available at https://capitan.website/legal/
   • Site or Service: the information and functionality provided at https://capitan.website, and/or the services provided under any other agreement with You
2. Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.
3. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).
4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
5. Words in the singular shall include the plural and vice versa.
6. A reference to one gender shall include a reference to the other genders.
7. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
8. A reference to writing or written includes e-mail to enquiries@i-capitan.com.
9. References to clauses and schedules are to the clauses and schedules of this agreement; references to paragraphs are to paragraphs of the relevant schedule to this agreement.

2. Agreement

If You continue to browse and use the Site or Services, You are agreeing to comply with and be bound by the Agreement.

If You disagree with any part of the Agreement, please do not use our Site or Services;

1. The content of the pages of this Site or Services is for your general information and use only. It is subject to change without notice.
2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site or Services for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3. Your use of any information or materials on this Site or Services is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site or Services meet your specific requirements.
4. This Site or Services contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
5. All trademarks reproduced in this Site or Services, which are not the property of, or licensed to the operator, are acknowledged on the Site or Services.
6. Unauthorized use of this Site or Services may give rise to a claim for damages and/or be a criminal offence.
7. From time to time, this Site or Services may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
8. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Terms & Conditions for the Supply of Products and/or Services

Version 1.0 - March 2021

Unless otherwise provided herein, this "Terms & Conditions for the Supply of Products and/or Services" is subject to the terms of the SaaS Terms and Conditions and capitalised terms will have the meaning specified in the SaaS Terms and Conditions. The Supplier reserves the right to change the terms of this "Terms & Conditions for the Supply of Products and/or Services".

BACKGROUND

The Supplier offers certain services such as but not limited to graphic design and website code development.

The Customer wishes to use the Supplier’s services.

The Supplier has agreed to provide and the Customer has agreed to take and pay for the Supplier’s service subject to the terms and conditions of this agreement.

AGREED TERMS

1. Interpretation

1. The definitions and rules of interpretation in this clause apply in this agreement:
   
   1. Effective Date: the commencement of the Services initiated by their successful online checkout on the Supplier's website.
   2. Services: the purchased services and support provided by the Supplier to the Customer under this agreement.
2. Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.
3. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).
4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
5. Words in the singular shall include the plural and vice versa.
6. A reference to one gender shall include a reference to the other genders.
7. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
8. A reference to writing or written includes e-mail.
9. References to clauses and schedules are to the clauses and schedules of this agreement; references to paragraphs are to paragraphs of the relevant schedule to this agreement.

2. Acceptance

It is not necessary for any the Customer to have signed an acceptance of these terms and conditions for them to apply. If the Customer completes the checkout procedure for a Service at https://capitan.website then the Customer will be deemed to have satisfied themselves as to the terms applying and have accepted the terms and conditions of this agreement in full.

3. Fees

Fees for the Services to be provided by the Supplier are defined during the checkout procedure at https://capitan.website. The Supplier reserves the right to alter or decline to provide the Services if the Customer is not a Sole Trader, Company or Charity which is registered in England & Wales.

The Customer agrees to reimburse the Supplier for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

4. Customer Review

The Supplier will provide the Customer with an opportunity to review the Services (to test the provided code or give feedback on the provided designs). Such materials will be deemed to be accepted and approved unless the Customer notifies the Supplier otherwise within 5 days of the date the materials are made available to the Customer.

5. Website Development and Web Browsers

The Supplier makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular 5 current browsers on the Effective Date. The Customer agrees that the Supplier cannot guarantee correct functionality with all browser software across different operating systems.

The Supplier cannot accept responsibility for content which does not display acceptably or function correctly in new versions of browsers released after the Services have been provided to the Customer. As such, the Supplier reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

6. Work Request Credits

Credits are non-expiring and can be used by the Customer at any time during the agreement and the Supplier will maintain a record of the Customer’s remaining credits.

The Supplier will record the exact time spent in providing the Services agreed via the Customer’s work request. The Customer acknowledges that any time estimates provided by the Supplier are liable to change if the Customer changes the specification of the work request and that it may be required to purchase additional credits on order for the Supplier to provide the newly specified services.

Project Recovery and Excessive Communication Fees

The Customer will be liable to pay a Project Recovery Fee or an Excessive Communication Fee if The Customer causes a delay of more than 14 consecutive days in the project through;

• being unresponsive to communication relating to the project
• causing excessive levels of communication relating to the project
• late payments relating to the project
• an intentional pause on the project

The Project Recovery Fee or an Excessive Communication Fee will be calculated using the Suppliers standard hourly rate and;

• the time spent on excessive communications
• the time involved in re-acquiring contextual project knowledge