The term ‘The Curious Way Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 4A Belmont, Shrewsbury, SY1 1TE. Our company registration number is 07207075. The term ‘you’ refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
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 website 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.
Your use of any information or materials on this website 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 website meet your specific requirements.
This website 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.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website 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).
You may not create a link to this website from another website or document without The Curious Way Ltd’s prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
The information contained in this website is for general information purposes only. The information is provided by The Curious Way Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of The Curious Way Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, The Curious Way Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
1.1 “The Company” is The Curious Way Ltd. “Client” is the person or organisation, to which the Company supplies goods or services. “Contract” means the Contract between Company and Client, under which both are subject to “conditions”, meaning these terms and conditions.
2 Basis of the Contract
2.1 Subject to Clause 2.2 the Contract is subject to these conditions, to the exclusion of any others purported to be imposed by the Client in any way.
2.2 Conditions may be varied if both parties agree in writing. Conflict between a written agreement and this Contract shall be resolved in favour of the agreement.
2.3 Unless specified in a new agreement, the conditions of this Contract apply to any variation.
3 Estimates and Variations
3.1 Estimates and schedules issued by the Company are valid for 1 month after issue, subsequently they may be amended or withdrawn.
3.2 Errors in literature, quotation, price list or invoice of the Company are subject to correction without liability on the part of the Company.
3.3 The Client is responsible for ensuring the accuracy of the terms of any order.
3.4 The Company will endeavour to complete work at agreed dates, but time of completion shall not be the essence of the Contract.
4. 1 Unless specified in the Contract, the Client will be liable to the Company for:
4.1.1 Accommodation, communications, delivery, subsistence and out-of-pocket expenses incurred in fulfilling the Contract. Mileage at 40p/mile to/from the Company’s office, or other relevant sites, rail and air travel at business class rates unless otherwise stated.
4.1.2 Time spent in pursuance of the Contract including, but not limited to meetings, travel and professional attendance. The Company’s standard rate is £70 per person, per hour or part thereof. The Company’s standard meeting or attendance allowance is 2 hours, after which charges may be made at the standard rate.
4.1.3 Items obtained from external contractors may be subject to a management fee unless otherwise stated.
4.1.4 Costs incurred by the Company in performing the Contract, beyond the reasonable foresight or control or of the Company in its estimate. Such costs will be charged on terms no less advantageous to the Company than in this Contract. The Company may refuse to agree to any requested variation without any liability.
4.1.5 VAT, Import Duties, or other taxation levied on the Company in pursuance of the Contract.
5.1 Unless specified in a Contract, the Client will receive one copy of each deliverable.
5.2 The Client shall provide the Company a free specimen or photographs of the results of completed work or photographs if available.
5.3 Work in uncompleted form may not be used or published as finished work without the prior written consent of the Company.
5.4 No modifications to work relating to the Contract may be made during its course without the prior written agreement of the Company.
5.5 The Company asserts its right to be identified as author of work resulting from the contract including in any publication, subject to approval by the Company.
5.6 When creating websites we support the latest versions of Internet Explorer (IE), Chrome, Firefox and Opera on both Windows and Mac platforms. We also support the latest version of Safari on Mac and do our best to ensure that the website is accessible using the latest version of Safari on iOS and IE9 and IE10 on Windows.
5.7 By default we don’t support IE6-8 as it has a declining user base and doesn’t support many of the new features that our sites incorporate.
6 Acceptance of Work
6.1 The Client acknowledges that the Company’s work and charges for any part of a Contract are satisfactory on written or verbal acceptance or:
6.1.1 On the Client’s instruction to proceed to a different, or subsequent stage in the Contract, or a new Contract based on the original Contract’s results.
6.1.2 On payment, part payment, or notification of the intent to pay for invoices relating to the Contract.
6.1.3 In the event of no complaint within the credit terms agreed in the Contract.
7 Payment and Credit Terms
7.1 The Company will commence work on receipt of an invoice for 50% of each Contract stage and issue another invoice for 50% on delivery, for payment on return, unless otherwise stated on the invoice, subject to variations as outlined at 4.1.
7.2 The Company will issue invoices for additional costs and expenses at the conclusion of each stage, or at end of the month in which the cost was incurred.
7.3 Invoices must be settled in full on invoice date unless otherwise stated on the invoice. Time of payment is of the essence of the Contract.
7.4 The Company reserves the right if any invoice remains unpaid (whether wholly or in part) for over 14 days from its date of issue to:
7.4.1 Give immediate notice to the Client that work on the programme will cease until outstanding payments are made;
7.5 If the Company is unable to complete work by an agreed date due to any factors outside its control, the Company may invoice for work completed at that date.
8.1 This Contract may be terminated upon either party giving notice to the other party if that party breaches any term of the Contract, or:
8.1.2 Is made bankrupt; enters into any arrangement or composition with creditors, enters comparable insolvency procedure in any jurisdiction, is petitioned for winding up or for an administration order to be made against it, has a receiver, manager, or administrative receiver appointed over, all or any part of its assets.
8.1.3 Gives written notice that in their opinion the Contract is not achievable by the agreed programme, subject to independent arbitration if parties disagree.
8.2 If a Contract is to be carried out by the Company in stages, when a delay of more than one month occurs during a stage, or between any two stages occasioned by instruction or act or omission of the Client, the Company may withdraw from the Contract and be entitled to payment of amounts set out in Clause 11.3.
8.3 On termination of the Contract (whether under this clause or otherwise) the Client will pay the Company for all work carried out in pursuance of the Contract and:
8.3.1 The Client indemnifies the Company for the Company’s liability under contracts entered into to perform any obligations under the Contract for which the Company remains liable notwithstanding termination of this Contract.
8.4 Termination of this Contract for any reason shall not affect the parties’ accrued rights and liabilities arising under the Contract prior to termination.
8.5 The Company reserve the right, as part of their credit control procedures, to withdraw all of their services until any outstanding debt is paid in full.
8.6 The Company may terminate without liability to the Client part or all of their services immediately and at any time if they believe the Client have supplied them with false, misleading, inaccurate or incomplete information.
8.7. If the Client are on a hosting and/or maintenance package with the Company, then they will need to provide three months advance notice of termination.
9 Confidential Information
9.1 The Company, its agents and employees will keep confidential Client disclosures in the course of setting up, or working on the Contract. From this is excluded information that is or becomes in the public domain, is received by the Company in good faith from a third party or is in the Company’s possession already.
9.2 Any matter submitted by the Company to the Client before the Contract is agreed is confidential and must not be shown, copied or used for any purpose.
9.3 The Company retains ownership of all materials and work in any form, including intellectual property rights, until invoices relating to the Contract stage and additional costs and expenses are paid in full. No information relating to the Contract or its results may be disclosed without the Company’s written permission, if any invoices for the Contract are unpaid after their due date.
9.4 On payment of invoice, the Client may request assignment of relevant intellectual property rights arising from the Contract’s deliverables, at the cost of the Client.
9.5 Work completed during a project in any form is the property of the Company unless referred to as deliverables in a quotation.
9.6 During the course of the Contract, neither Company nor the Client may use the name of the other for publicity purposes without the written consent of the other. The Company may use commissioned work for promotion, if the Contract’s results have been promoted openly, or with permission from the Client.
10 The Company’s Liability
10.1 Statements of Company staff or others engaged by the Company shall not be binding on the Company until confirmed by it in writing.
10.2 The Client agrees that claims in relation to the Contract or anything connected to would be against the Company, not against any person/s.
10.3 The Company will use every endeavour to achieve the Contract objectives, but offers no warranty, express or implied that project conclusions will be a complete or partial solution to the problem, or that recommendations will be acceptable to the Client.
10.4 It is the responsibility of the Client to ensure that the correct issue of any data is maintained by the Client and any sub-contractors or customers.
10.5 The Company recommends that Clients seek professional advice relating to existing or claimed intellectual property rights. The Client indemnifies the Company against liability, loss, costs, expenses, claims or proceedings relating to intellectual property claims or rights arising from the Contracts results.
10.6 It is the Client’s responsibility to ensure that any outcomes of the Contract are reasonably fit for purpose. The Company recommends that accurate prototypes are made and thoroughly tested. Production of parts from a master prototype may incur damage to it and additional charges to the Client. Items supplied by the Client to the Company shall at all times be at the risk of the Client and the Company shall not be liable in respect of any loss or damage arising from such items.
10.7 Unless specified in a Contract, measurements undertaken by the Company and reported to the Client may not use calibrated equipment.
10.8 Should a Client require completion in advance of an agreed schedule, the Company cannot accept liability for any subsequent modifications.
10.9 The Company shall not be liable to the Client under common law, or under the terms of the Contract for damage to reputation or goodwill, loss of future business, damages, costs or expenses payable by the Client to third parties or any loss whatsoever in connection with the Contract.
10.10 If any liability attaches to the Company, the amount recoverable by the Client shall not exceed amounts payable by the Client for completed Contract stages.
11.1 Failure or neglect by the Company to enforce any of the Conditions shall not be a waiver of the Company’s rights under the Contract.
11.2 If any provision of these Conditions is held by competent authority to be unlawful, invalid or unenforceable, the other provisions and the remainder of the provision in question shall not be affected and shall be valid and enforceable to the fullest extent permitted by law.
11.3 The Client may not transfer, assign or sub-contract obligations under the Contract without the Company’s prior written consent. The laws of England and Wales govern the construction, validity and performance of the Contract. The Client and the Company submits to the jurisdiction of the courts of England and Wales.
12 Payment Terms
12.1 As stated at each stage, or per the accompanying terms and conditions.
13 Payment Method
13.1 Automated transfer by BAC’s/CHAP’s or similar electronic credit. Cheques made payable to The Curious Way Ltd.
13.2 Please note that no work will commence until payment has cleared, as per the terms and conditions.
14.1 Proofs of all work may be submitted for Client’s approval and Company shall incur no liability for any errors not corrected by the Client in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the Client. When style, type or layout is left to Company’s discretion, any subsequent changes to such style, type or layout required by the Client shall be subject to additional charges on a time and materials basis.
15.1 Where any additional work of whatever nature is necessary as a result of copy supplied by a Client not being clear and/or legible, the Company may be entitled to make additional charges on a time and materials basis to cover such additional work.
16 Company Imprint
16.1 Unless otherwise specifically requested in writing, any work may carry the Company’s imprint which will be positioned at the Company’s discretion.
17 Full Colour Printing
17.1 All reasonable efforts shall be made to obtain the best possible colour reproduction on Client’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, the Company shall not be required to guarantee an exact match in colour or texture between the Client’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by the Company or any other party) or any other materials supplied by the Client and the printed article the subject of the Client’s order.
18.1 Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Company and the carrier within three clear days of delivery (or, in the case of non-delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to the Company and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to the Company within 28 days of delivery. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Client proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
19 Our Professional Standards
19.1 Where the individuals to be involved with the Client are identified in our initial meeting or call, the Company shall use reasonable endeavours to ensure that they are involved. The Company may, however, substitute them for others with similar skills but will ensure that the Client is kept fully aware of any such changes.
19.2 Should the Company acquire confidential information from the Client concerning their business or affairs, the Company will not disclose this information to any party outside of our Company without the Client’s prior consent.
20 Your Records
20.1 When the Company’s services are complete the Company will return to the Client any original documents and records obtained or made available to use which belong to the Client unless they specifically instruct the Company otherwise. The Company will hold all records for a period no longer than seven years unless they deem them to be of continuing importance.
20.2 Unless the Company are providing software, the Client will be responsible for maintaining backups and implementing all other IT procedures to maintain the security and validity of their data, including any data used or processed by the Company.
21 Your Obligations
21.1 Whatever the Company’s duties and responsibilities in relation to the services they provide, the Client will in all cases retain the responsibility for:
21.1.1 Deciding on the use of, and extent to which they will implement or follow, advice given by the Company; and,
21.1.2 Achieving any benefits related to the Company’s services that require implementation or other action by the Client.
21.2 The Health and Safety at Work etc Act 1974, the Management of Health and Safety at Work Regulations 1999 and the Workplace (Health, Safety and Welfare) Regulations 1992 (each as amended from time to time) apply to the Company’s employees whilst on the Client’s premises. The Company acknowledges responsibility to coordinate and co-operate with the Client with regard to the health and safety of their employees. While on the Client’s business premises you agree to provide the Company’s employees with the protection due to them under the above legislation.
22 Use of Our Advice
22.1 The Company may give the Client advice or present a report to them orally, in written form or electronically. The Client may not rely on any oral advice or report unless the advice is confirmed in writing.
23 Data Protection
23.1 The Company confirm that when processing data on the Client’s behalf they will comply with the relevant provisions of the Data Protection Act 1998 and any other relevant legislation.
23.2 The Company will only use the Client’s personal data (including names, addresses and any personal details) to provide the Company’s services to the Client, which may include sending to them mailshots, technical and other updates and seminar invitations, and for other related purposes. The Company may also send the Client marketing and promotional material either by post, telephone or e-mail in relation to services, which the Company believe may be of interest to you.
24 Electronic Communication
24.1 The electronic transmission of information cannot be guaranteed to be secure or free of viruses or error and such information could therefore be intercepted, corrupted, lost, destroyed, arrive late or incomplete or otherwise became adversely affected or unsafe. The Company use commercially reasonable procedures to check their systems for the currently most commonly known viruses. The Client, however, is responsible for protecting their own systems and interests in relations to electronic communications and viruses.
25.1 If at any time the Client would like to discuss with the Company how their service could be improved or if they are dissatisfied with the service they are receiving please let the Company know by contacting the director responsible for their affairs. The Company will look into any complaint carefully and promptly and do all they reasonably can to resolve the position.
26 Payment Schedule
26.1 Unless otherwise agreed in writing, the below payment terms will be followed:
– Use of our GoCardless functionality
– 50% Upfront Payment
– 50% On Go Live Date
– Additional work to be invoiced in full separately
Web Design & eCommerce
– Use of our GoCardless functionality
– 50% Upfront Payment
– 50% On Completion
– Additional work to be invoiced in full separately
– Use of our GoCardless functionality
– 30% Upfront Payment
– 35% On Design Sign Off
– 35% On Go Live Date
– Additional work to be invoiced in full separately
Ongoing Support Services (Retainers, Hosting, Maintenance, etc.)
– Use of our GoCardless mandate functionality – monthly payments will be scheduled
27 Client Agreement
27.1 By making initial payment you are agreeing to the above terms.
28 Variation to Terms and Conditions
28.1 These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the Website.