Terms & Conditions

Website use Terms

Introduction
1. These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Eclipse Development, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
2. In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Eclipse Development and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Eclipse Development and accessing the Website in connection with the provision of such services.
Intellectual property and acceptable use
1. All Content included on the Website, unless uploaded by Users, is the property of Eclipse Development, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
  1. retrieve, display and view the Content on a computer screen
  2. download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)
  3. print one copy of the Content
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Eclipse Development.
Prohibited use
1. You may not use the Website for any of the following purposes:
  1. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
  2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
  3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Eclipse Development or that of our affiliates.
2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Privacy Policy and Cookies Policy
1. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: www.eclipsedevelopment.com/privacy.
Availability of the Website and disclaimers
1. Any online facilities, tools, services or information that Eclipse Development makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Eclipse Development is under no obligation to update information on the Website.
2. Whilst Eclipse Development uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
3. Eclipse Development accepts no liability for any disruption or non-availability of the Website.
4. Eclipse Development reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
1. Nothing in these terms and conditions will:
  1. limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation; or
  3. limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
3. To the maximum extent permitted by law, Eclipse Development accepts no liability for any of the following:
  1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
  2. loss or corruption of any data, database or software;
  3. any special, indirect or consequential loss or damage.
General
1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
3. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Eclipse Development details
1. Eclipse Development of 24 Kreston House, 66 Broomfield Road, Chelmsford, Essex, CM1 1SW operates the Website www.eclipsedevelopment.co.uk
2. You may contact us using any of the following methods:
  1. By post: Eclipse Development, 24 Kreston House, 66 Broomfield Road, Chelmsford, Essex, CM1 1SW.
  2. By e-mail: info@eclipsedevelopment.co.uk
  3. By phone: 01245 526321
  4. Website: www.eclipsedevelopment.co.uk

Service Terms

Parties
1. Saros One Limited t/a Eclipse Development, (registration number 11618952) 24 Kreston House, Chelmsford, Essex, CM1 1SW, United Kingdom (“Eclipse Development”) and
2. Any person or company who choose Eclipse Development (The “Customer”)
Definition of Terms
1. Project – This refers to the work detailed within the Proposal or Quotation built by Eclipse Development and agreed to by the Customer (This excludes any support hours.)
2. Acceptance Period – This refers to a maximum of 30 days after the beta version of the project is provided. During these 30 days, we will carry out any tweaks and bug fixes reported by the Customer to ensure the project is working in conformity with the proposal or quotation agreed with the Customer (This excludes any support hours.)
3. Support Hours - Any time spent by Eclipse Development and paid for by or agreed by the Customer as not part of the project scope but purely giving support to the pre-existing works.
4. New Requirements – This term refers to any additional feature or requirement requested by the Customer that was not included within the agreed Proposal or Quotation.
5. Third Party Works – This refers to any work, software, script or code that is not developed by Eclipse Development or the Customer
6. Project Creep - Additional changes requested in the project from the agreed specification set out in the Proposal or Quotation
The Services
1. Eclipse Development will:
  1. Design and develop the Project as per the Proposal or Quotation provided to the Customer;
  2. Incorporate the functional features specified in the Proposal or Quotation agreed in writing by the parties, together with the Third Party Works (if any), into the project;
  3. Keep the Customer informed of the progress of the Project during design and development via emails and telephone, as and when required.
  4. Provide the Customer with reasonable access to the Project for testing and acceptance
  5. Deliver the Project to the Customer in accordance with the Proposal or Quotation and agreed payment terms.
2. Eclipse Development will use reasonable endeavours to perform the services in accordance with the timetable set out in the Proposal or Quotation; however, Eclipse Development cannot guarantee that that timetable will be met if there are delays from the Customer to provide the Customer Obligations (see below) or other unforeseen delays beyond the control of Eclipse Development.
Customer Obligations
1. The Customer will provide Eclipse Development with:
  1. Such co-operation as required by Eclipse Development (acting reasonably) to enable the performance by Eclipse Development of its obligations under this Agreement; and
  2. All information, content and documents required by Eclipse Development (acting reasonably) in connection with the provision of the Services.
2. The Customer will be responsible for procuring any Third Party Works (such as payment gateway accounts) to enable Eclipse Development to fulfil its obligations under this Agreement. If there is a delay in getting such Third Party Works by the customer beyond 10 working days, Eclipse Development will complete the agreed works and invoice the customer for agreed charges and the customer agrees to pay the invoice with 10 working days from the date of invoice.
3. The Customer will fulfil his/her obligations for the Project in accordance with the timetable set out in the Proposal or Quotation. The Customer acknowledges that any delays in providing Eclipse Development with essential feedback or updates during the project may cause the Project time-frame to be extended.
4. The Customer agrees that once the beta version of the Project has been provided, the payment for the Project is due. If the Customer has still not provided all content for the project at this stage, it does not mean that Eclipse Development have not done their job. Eclipse Development will use test content as a placeholder until the Customer provides the appropriate content.
5. The Customer hereby agrees to pay Eclipse Development the charges detailed and agreed in the Proposal or Quotation, as per the agreed terms of payment. If the Customer wishes to cancel the contract, the Customer agrees to pay any outstanding charges due to Eclipse Development calculated at the hourly rate of £50.00.
6. Eclipse Development may include the Credit together with a link to Eclipse Development‘s website on each page of the Website in a position and in a form to be agreed by the parties. The Customer will retain any such Credit and link in an adapted version of the Website, and the Customer will (and will only) remove any such Credit and link from the Website at Eclipse Development’s request.
7. The Customer hereby indemnifies and undertakes to keep indemnified Eclipse Development against any and all damages, liabilities, cost, losses and expenses (including legal expenses) suffered and arising out of the use of the project.
8. Refunds- We do not refund any web/app/digital marketing/support hours once work has started as per the instructions of the customer.
Delivery and Acceptance
1. Eclipse Development will use reasonable endeavours to deliver the project to the Customer for acceptance testing as set out in the Proposal or Quotation.
2. During the Acceptance Testing period, the Customer will carry out acceptance tests to determine:
  1. Whether the project conforms in all material respects with the specification of the project within the Proposal or Quotation; and
  2. Whether the project has any Defects,
3. The Customer will inform Eclipse Development within the Acceptance Period, setting out in detail the respects in which the project does not meet the Acceptance Criteria; and
4. Eclipse Development will amend any issues that cause the Project not to work as per the agreed Proposal or Quotation.
5. The project will be deemed to have been accepted by the Customer if:
  1. the Customer does not give any notice to Eclipse Development under Clause 5.3, or
  2. the Customer publishes the project or uses part of it for any purpose other than development and/or testing.
Project Creep
1. If the Customer requests any additional requirement or feature that is not within the proposal this is considered as New Requirements.
2. New Requirements will be quoted for and billed at our hourly rate of £50 per hour unless otherwise agreed by the Customer and Eclipse Development in writing.