Website and Software Development Terms & Conditions

  1. Accuracy of Description of Goods
    1. Subject to where the goods are stated to be sold as complying with a recognized trade or industry standard, all descriptions, specifications and any other printed matter submitted by the Company are approximate only.
    2. All, if any, statements, recommendations and advice given (whether before or after the contract) by the Company or its agents to the Purchaser or its agents are given without responsibility unless given in writing by a Director of the Company in response to a specific written request from the Purchaser for advice before or at the time of or after the contract is made
  2. Software Support License
    1. Communion Packaging LLC, application software is sold subject to the terms and conditions of the appropriate software support license. The license is renewable annually and grants ‘right-of-use’ for a period of 12 months and does not constitute a change of ownership to the Purchaser.
  3. Payment
    1. Unless otherwise stated in writing payment of the price of the goods will be due prior to delivery date of the goods.
    2. Without prejudice to any other rights of the Company thereunder if the Purchaser shall fail to give all instructions reasonably required by the Company and all necessary documents, licenses, consents and authorities for forwarding the goods or shall pay to the Company all costs and expenses incurred to or arising from such delay.
    3. The Purchaser shall not be entitled to make any deduction from the price of goods in respect of any set-off or counter claim unless both the validity and the amount thereof have been expressly admitted by the Company in writing.
  4. Offer and Acceptance
    1. A quotation does not constitute an offer to supply.
    2. The placing of an order shall be deemed to be subject to these terms and conditions. Any other provisions contained in any document issued by the Purchaser shall be excluded from these terms and conditions
    3. No modification or amendment of these terms and conditions shall be binding upon the Company unless otherwise stipulated herein or agreed to in writing by a Director of the Company.
    4. The Company may maintain an action for the price of the goods sold notwithstanding the property in them may not have passed to the Purchaser
  5. Delivery
    1. Any time or date stated for intended delivery is given as an estimate only and shall not be of the essence
    2. Signature of any delivery note by an agent, employee or representative of the Purchaser shall be deemed conclusive proof of delivery.
    3. In the event of any delay the company shall not be under any liability whatsoever to the Purchaser. The expression ‘liability whatsoever’ in these conditions shall mean all liability of any kind including, without prejudice to the generality of the foregoing, liability in the contract for negligence or under statute.
  6. Warranty
    1. Communion Packaging LLC, provide all of their product as is, without warranty implied or otherwise, and will not be held responsible for damage, loss or earnings or other costs incurred through the use of our products.
  7. Infringement of Rights
    1. You (the client) will ensure that by providing Communion Packaging LLC, with any material for publication that the copyright is held by you, and that all materials are licensed and in proper use. Furthermore you will indemnify Communion Packaging LLC of any blame or liability should it be proved that copyright infringement has occurred as a result of our actions, omissions or those of our suppliers.
    2. The Purchaser shall indemnify the Company against all loss, damages, cost and expenses suffered as a result of any work done in accordance with the Purchaser’s specification(s) which result in infringement of a patent, registered design or other right in industrial property.
  8. Amendments and Cancellation
    1. The Purchaser shall redeem all costs incurred by the Company in the event of any change to or cancellation of an order to supply goods or services, regardless of such an order being verbal or in writing. The postponement or cancellation of an order for any product will require the Purchaser to redeem all costs incurred by the Company.
  9. Property Law
    1. All contracts made between the Company and the Purchaser shall be governance by Florida Law and the Purchaser shall submit to the jurisdiction of the Florida Courts.
  10. Guarantee and Liability
    1. All guarantees and liabilities are subject solely to the terms and conditions set out in the product documentation. The Company shall be under no liability whatsoever for death or personal injury arising out of use of the goods and the Purchaser must rely on its own skill and judgment in relation to use of the goods. In particular, without prejudice to the foregoing, the Company shall be under no liability whatsoever to the Purchaser for or arising out of any defect in, failure of or unsuitability for any purpose of the goods or any part thereof whether the same shall be due to any act, omission, negligence or willful default or the design, workmanship or materials or to any other cause whatsoever.
  11. Website Development
    1. All web sites hosted or developed by Communion Packaging LLC, will be the “Celebration Cup” strap line situated at the bottom of each page
    2. We reserve the right to link to, refer to or use examples any work undertaken on behalf of a client for marketing purposes.
    3. Communion Packaging LLC, the right to re-use, re-engineer or re-distribute either in part or whole at its own discretion, code, code modules, designs or other components which may have been developed on behalf of a client.
    4. All web sites developed by Communion Packaging LLC will be designed as best possible in accordance with industry standard best practices, and will be navigable by the majority of search engines. Communion Packaging LLC, offer no warranties as to the placement of a site within any search engine index but do follow best practices and guidelines specified by key search engines.
  12. Copyright & IPR
    1. In the case of sub contracted projects where an agreement has been made to purchase or transfer source code ownership and/or IPR (other than by Escrow), all goods and services remain the property of Communion Packaging LLC, and may not be used, sold, resold, implemented or otherwise distributed until payment has been made in full.
    2. Communion Packaging LLC will hold exclusive rights to the copyright and distribution of all products, designs, code, database designs, raw materials, HTML Components or other materials deemed necessary in the development of any products. In the case where the IPR is sold or transferred to a client, Communion Packaging LLC, will receive a commission on any sales or revenues generated from the use of the IPR over the next 3 year period.
    3. In order to maintain the validity of your support agreement, no products provided by Communion Packaging LLC may be modified in any way or repackaged at other locations either simultaneously or as part of a disaster recovery plan by any person other than an Communion Packaging LLC representative.

These conditions may be subject to change, continued use of our product constitutes acceptance of these terms, it is your responsibility to ensure that you check these conditions on a regular basis.