The following definitions and rules apply in these terms and conditions (“Terms”).
- 1.1 Definitions:
- Business Hours: means between 09:00 and 16:00 from Monday to Friday, excluding bank holidays and public holidays.
- Contract: means the contract between you and us for the supply of the Project and Services, comprised of these Terms and the Proposal.
- Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures: as defined in the Data Protection Legislation.
- Data Protection Legislation: means all applicable data protection and privacy legislation in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR); the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
- Deliverables: means all products and materials we develop in relation to the Project in any media, including computer programs, data, diagrams, reports and specifications (including drafts) other than Intellectual Property Rights in any materials you provide.
- Domestic Law: means the law of the United Kingdom or a part of the United Kingdom.
- Extended Term: has the meaning given to it in clause 2.
- Initial Term: has the meaning given to it in clause 2.
- Intellectual Property Rights: means the patents, rights to inventions, copyright and related rights, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights, and
- all similar or equivalent rights or forms of protection in any part of the world.
- Project: means the project and services to be supplied to you as described in the Proposal.
- Project Manager: the manager for the Project appointed in accordance with clause 4.1(a)
- Project Milestone: the date(s) and stages by which a part of the Project is estimated to be completed, as set out in the Proposal.
- Proposal: means the proposal document to be read in conjunction with these Terms and which sets out the details of the Project and Services to be delivered to you, the Project Milestones and responsibilities of each of us for, or in connection with, the provision of the Project to you.
- Services: means the Services to be supplied to you as described in the Proposal, including but not limited to any or all of the Services set out in Schedule 1.
- VAT: value added tax chargeable under English law for the time being and any similar additional tax.
- 1.2 In addition to the terms defined under clause 1.1, throughout these Terms, the terms "you", "your" and "yours" refers to the person and/or company identified in the Proposal as the party to whom we are supplying the Services. The terms "we", "us" and "our" refer to Web Box Cardiff Limited, a company registered in England and Wales under company number 07796087.
- 1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- 1.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
- 1.5 Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
- 1.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
- 1.7 A reference to a statute or statutory provision is a reference to it as amended, extended or reenacted from time to time.
- 1.8 A reference to writing or written includes email but not fax.
- 1.9 References to clauses and schedules shall, unless the contrary is stated, be a reference to a clause or schedule of these Terms. References to paragraphs shall, unless the contrary is stated, be a reference to a paragraph of the schedule.
- 1.10 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
- 1.11 If there is any inconsistency between any of the provisions of these Terms and the provisions of the Proposal, the provisions of these Terms shall have priority.