Access to this website is permitted on a temporary basis, and Adam Milton-Barker reserves the right to withdraw or amend the services without notice. Adam Milton-Barker will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, Adam Milton-Barker may restrict access to some parts or all of this website.
You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offense and Adam Milton-Barker will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Adam Milton-Barker will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
3. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this website and services offered remains the property of Adam Milton-Barker and/or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Adam Milton-Barker and his licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
4. TERMS OF SALE
By placing an order you are offering to purchase a product and/or service which is subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times/deadlines may vary according to availability/work load and subject to any delays resulting from postal delays or force majeure for which I will not be responsible.
In order to contract with Adam Milton-Barker for development services you must be over 18 years of age and able to make decisions on behalf of the company or organisation you are representing. Adam Milton-Barker retains the right to refuse any request made by you. On payment of a deposit or payment in full for development services, you enter into a contract with Adam Milton-Barker. This will usually be with Adam Milton-Barker or may in some cases be a third party. Where a contract is made with a third party Adam Milton-Barker is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to me are true and accurate, that you are an authorized user of the payment method used to place your order and that there are sufficient funds to cover the cost of the services. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
All projects developed by Adam Milton-Barker, unless unmanaged custom systems are purchased, utilize the TechBubble Technologies Limited GUI. The use of the TechBubble Technologies Limited GUI is subject to the following terms:
TechBubble Technologies Limited Standard Terms & Conditions: https://eu.techbubbletechnologies.com/terms
TechBubble Technologies Limited Development Terms & Conditions: https://eu.techbubbletechnologies.com/onlinestore/terms
(a) OUR CONTRACT
When you place an order, you will be provided a proforma in your billing account. Upon payment of the deposit/full payment work will commence and Adam Milton-Barker will do his best to meet any deadlines given by yourselves.
(b) PRICING AND AVAILABILITY
Whilst Adam Milton-Barker tries to ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If Adam Milton-Barker discovers an error in the price of any services which you have ordered Adam Milton-Barker will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If Adam Milton-Barker is unable to contact you Adam Milton-Barker will treat the order as cancelled. If you cancel and you have already paid for the services, you will receive a full refund unless work has been carried out in which case you will be invoiced in relation to the amount of work carried out.
Adam Milton-Barker's primary payment processor is PayPal, Adam Milton-Barker may also provide the option of bank transfer and/or payments via payment gateways through my merchant accounts. In all instances Adam Milton-Barker never stores your credit card details and in most cases Adam Milton-Barker never have access to that information.
In the case of taking credit/debit card payments, upon receiving your order Adam Milton-Barker's payment gateway will carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received.
(d) FEES AND DEPOSITS
A 50% deposit of the total fee payable resulting from any quote is due immediately upon confirmation or order. The remaining 50% shall become due when the work is completed but subject to the terms of the “approval of work” and “rejected work” clauses. Adam Milton-Barker reserves the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if Adam Milton-Barker has not fulfilled their obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of Adam Milton-Barker.
(e) SUPPLY OF MATERIALS
You must supply all materials and information required by Adam Milton-Barker to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to Adam Milton-Barker which leads to a delay in the completion of work, Adam Milton-Barker has the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, Adam Milton-Barker has the right to invoice you for any part or parts of the work already completed.
(f) VARIATIONS TO DESIGN
You will be allowed the opportunity to make revisions to the design. However, Adam Milton-Barker has the right to limit the number of design proposals to a reasonable amount and will charge for additional designs if you make a change to the original design specification. The development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of 30.00 GBP per hour and will require a new quote request to be submitted.
(g) PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that Adam Milton-Barker gives are contingent upon the full co-operation of you. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed and be made available on a daily basis in order to expedite the feedback process, this contact will be the person that has registered an account to use the services provided by Adam Milton-Barker and must be capable of making decisions and payments on behalf of the company.
(h) APPROVAL OF WORK
On completion of the work you will be notified and once final payment has been made you will have the opportunity to review it. You must notify Adam Milton-Barker in writing via Adam Milton-Barker's support channels of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing through Adam Milton-Barker's support channels as unsatisfactory within the 7-day review period will be deemed to have been approved.
(i) REJECTED WORK
If you rejects any of Adam Milton-Barker's work within the 7-day review period, or does not approve subsequent work performed by Adam Milton-Barker to remedy any points recorded as being unsatisfactory, and Adam Milton-Barker, acting reasonably, considers that you has been unreasonable in any rejection of the work, Adam Milton-Barker can elect to treat this contract as at an end and take measures to recover any outstanding payments for the work carried out.
(j) PAYMENT OF BALANCE
The 50% balance of the project price will become due on completion of the development, once the balance is paid reasonable changes will be carried out free of charge. Changes that drastically change the design/development brief or are outside of the specifications provided in the design/development brief will incur additional charges and require an additional quote request to be submitted. Adam Milton-Barker retains the right to disable any project and limit or remove access to the TechBubble Technologies GUI and/or external control panels in the event of overdue payments. Payments for proformas/instalments and invoices are due no later than 7 days after the date of issue.
(k) WARRANTY BY THE CLIENT AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supplies to Adam Milton-Barker to include in your project.
You must indemnify Adam Milton-Barker and hold Adam Milton-Barker harmless from any claims or legal actions related to the content of the project.
Once you have paid any outstanding proformas, Adam Milton-Barker grants to you a license to use the project, related software & contents, and the TechBubble Technologies GUI for the life of the project subject to any monthly payments being met. Access to source codes will not be permitted. If you require access to source codes this must previously be arranged and a custom system will be developed that will allow you to have access directly to source codes and databases.
Each website, unless a higher hosting package is purchased, is assigned hosting of 10GB bandwidth per month and 1GB diskspace. If these limits are exceeded the website will become unaccessible until an upgrade package is purchased. 3rd party hosting of any web / mobile system developed by Adam Milton-Barker is forbidden unless specified with the project brief. If you require a website where you have access to the server / database or FTP, you must specifically identify this request and an appropriate price and schedule will be arranged.
(n) SERVER RESOURCES
If a website uses excessive server resources through traffic or neglect, the project will be shut down until such a time that a VPS (Virtual Private Server) or Dedicated Server is rented for the project. In this case please see (m) HOSTING above.
Any databases provisioned for a project remain the property of Adam Milton-Barker. 3rd party access to any such database will not be permitted, however, you may officially request a copy of your data through the support channels provided by Adam Milton-Barker.
Unless a maintenance package is purchased, changes and updates to content or the structure/design of a project will be charged at 50 EUR per hour. Quote requests should be submitted via the support channels provided by Adam Milton-Barker.
(q) SEARCH ENGINES
Adam Milton-Barker does not guarantee any specific position in search engine results for your website. Adam Milton-Barker performs basic search engine optimisation according to current best practice. Adam Milton-Barker aims to get your website into the top 3 pages based on business type and location, this however, is not a guarantee. If you would like to hire a Search Engine Optimisation company they will be required to work directly with Adam Milton-Barker. No third party access will be given to source codes unless you has purchased an unmanaged system.
(r) ADDITIONAL EXPENSES
You agree to reimburse Adam Milton-Barker for any requested expenses which do not form part of Adam Milton-Barker's proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
Adam Milton-Barker reserves the right to subcontract any services that Adam Milton-Barker has agreed to perform for you as Adam Milton-Barker sees fit.
Adam Milton-Barker takes regular backups of your website structure and databases, restoration of data loss or fixing of damage to the website will be chargeable at 50 EUR per hour except to the extent that such data loss arises out of a negligent act or omission by Adam Milton-Barker.
(u) OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
If you do not currently own a own domain name, one will be registered under the name of the business/organization/individual registered as the account holder providing one is included in the package that you purchases. All websites developed by Adam Milton-Barker are hosted on the TechBubble Technologies Limited servers and 3rd party access is forbidden with the exception of pre-arranged agreements to develop external systems with partial or full access to source codes and databases. Please see section (m) HOSTING for more information.
5. DISCLAIMER OF LIABILITY
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Adam Milton-Barker and his suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Adam Milton-Barker's liability for death or personal injury arising from his negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
6. LINKING TO THE WEBSITE
You may link to Adam Milton-Barker's home page and content, provided you do so in a way that is fair and legal and does not damage my reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on my part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site. Adam Milton-Barker reserves the right to withdraw linking permission without notice.
7. DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with Adam Milton-Barker and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Adam Milton-Barker.
8. CONSEQUENTIAL LOSS
Adam Milton-Barker shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of my contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services Adam Milton-Barker provides to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Adam Milton-Barker under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at my option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that Adam Milton-Barker was contracted to perform.
Adam Milton-Barker (and any subcontractors Adam Milton-Barker engages) agree that they will not at any time disclose any of your confidential information to any third party.
You agree to indemnify, defend and hold harmless Adam Milton-Barker and affiliates from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the terms of service.
Adam Milton-Barker shall have the right in his absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of this website and update these and other related terms and conditions without prior warning.
If any part of these terms and conditions is unenforceable (including any provision in which Adam Milton-Barker excludes his liability to you) the enforceability of any other part of the terms and conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Adam Milton-Barker operates a complaints handling procedure which Adam Milton-Barker will use to try to resolve disputes when they first arise, please let Adam Milton-Barker know if you have any complaints or comments.
Adam Milton-Barker operates as an online business, all account support must be handled via the available support channels. Clients of Adam Milton-Barker have access to the support ticket system via the online account, from here clients can create and manage support tickets for both sales and development enquiries. To make things easier clients can also respond directly to support tickets via their email accounts, for more information please see the documentation section which will explain each section of the Adam Milton-Barker client account area and GUI's. Advanced support is also available to match the specific needs of a business, or organization. Clients who require more information about advanced support should submit a support ticket through the provided support channels to request a quote.
If you breach these conditions and Adam Milton-Barker takes no action, Adam Milton-Barker will still be entitled to use his rights and remedies in any other situation where you breach these conditions.
17. ENTIRE AGREEMENT
The above terms and conditions constitute the entire agreement of the parties and supersede any and all preceeding and contemporaneous agreements between you and Adam Milton-Barker. Any waiver of any provision of the terms and conditions will be effective only if in writing and signed by a partner of Adam Milton-Barker.
18. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Spain. You and Adam Milton-Barker submit to the non-exclusive jurisdiction of the courts in and of Spain in relation to any dispute arising under these terms and conditions or in relation to any services I perform for you.