The Agreement

'The Agreement' shall mean the agreement made between Goldmine Design and the Customer which shall consist of: (a) the provisions of this document; and (b) any terms and conditions that are intended to be binding with the Customer which are set out by Goldmine Design.

The Customer

The Customer confirms to Goldmine Design that:

(a) the Customer shall not provide Goldmine Design with any information or with any materials that infringe the rights of any other person (including any intellectual property rights); and (b) none of the information or materials supplied by the Customer to Goldmine Design shall be libelous, obscene, or abusive nor shall it breach any law or regulation or give rise to any legal claims of any sort and the Customer's website shall likewise not display or contain any information or materials of the kinds referred to in this clause.

Goldmine Design acknowledges that in relation to web design services all page designs, logos, code or text remains the copyright of Goldmine Design until payment has been made in full by the client for the agreed sum.

Goldmine Design acknowledges that all intellectual property rights in the Customer's website and the Customer's registered and unregistered trademarks belong to the Customer at all times.

The Customer confirms to Goldmine Design that there may be occasions when the Customer's website or the websites of any third parties may be out of action for limited periods due to technical difficulties or routine maintenance and Goldmine Design shall not be liable to the Customer for any downtime of this sort.

The Customer acknowledges that Goldmine Design is not in a position to continuously monitor the Customer's Website and any links from it and that the scope of Goldmine Design's investigations regarding the Customer's Website shall be limited to an assessment by Goldmine Design of the contents primarily for the purpose of evaluating appropriate search terms and website optimisation to be coded into the site under the terms of the Agreement as part of the service.

Goldmine Design

Goldmine Design agrees, using their own proprietary knowledge, to optimise the Customer's website by adding and changing code, structure and information, to maintain the website and perform its obligations under the Agreement. It is specifically agreed that optimisation of the Customer's website, in accordance with the terms of the Agreement, does not guarantee any particular level of traffic to the Customer's Website throughout the term of the Agreement.

Financial Matters

Unless stated to the contrary in the Agreement, all sums that are to be paid to Goldmine Design by the Customer shall be payable in advance. Interest may be charged by Goldmine Design from the date on which the payment in question fell due to the date on which that payment (including all applicable Interest) is paid in full and Interest shall be charged on a daily basis with reference to a year consisting of 365 days and with all unpaid Interest compounded Monthly.

Email Notifications

Goldmine Design shall send the Customer the following information by email to the specified email address: (a) future changes to Goldmine Design's charges or fees; and (b) any additional terms and conditions or changes to the way in which the Service shall be run. Goldmine Design shall give the Customer no less than 30 days prior notification of those changes.

Limitation of Liability

Goldmine Design's total liability to the Customer shall not exceed the aggregate of any sums paid to Goldmine Design by the Customer during the calendar year in which the applicable cause of action against Goldmine Design arose. Neither party shall be liable to the other for its failure to comply with its obligations under the Agreement caused by anything beyond its reasonable control.

Term of Agreement

The Agreement shall commence on the date of its execution and it shall last for the period agreed and paid for in advance.