Pioneering Enterprises Terms & Conditions
If you have engaged the services of Pioneering Enterprises Ltd, you are agreeing to be bound by these terms.
- Definitions
In this agreement, the following definitions apply unless otherwise specified:
- ‘Confidential information’ includes:
(a) material supplied by the client or any other party marked confidential; and
(b) Any other material which the client advises Pioneering Enterprises is confidential.
‘Confidential information’ does not include material which is already publicly available or lawfully becomes publicly available after it is received from the client. - ‘Speculative works’ shall include any work submitted to the client or third party by Pioneering Enterprises on a speculative basis.
- ‘Intellectual Property’ means: all intellectual property rights including, but not limited to: copyright, inventions, patents and patent applications, trademarks, software, source codes, text, images, designs, logos, data sets, and trade-secrets.
- ‘Confidential information’ includes:
- Payment
- Pioneering Enterprises requests that all invoices be settled on the 20th of the month of the invoice date, unless a credit account has been established.
- Pioneering Enterprises will invoice on a monthly basis unless otherwise agreed.
- All invoices are emailed only – the client bears the responsibility to regularly check their email.
- Overdue invoices will call an immediate cease to ongoing works
- If a client’s debt is passed onto a third party, the client will incur ALL associated costs.
- Pioneering Enterprises requests that all invoices be settled on the 20th of the month of the invoice date, unless a credit account has been established.
Planning & Client’s Instructions
- Proposals, estimates and specifications shall be deemed to interpret the client’s instructions. Clients are advised to exercise care and attention when checking these documents before work begins.
- Proposals shall lapse unless accepted within 14 days from the day given, unless otherwise stated.
- Work will be developed to meet the requirements of the latest version of a specification or estimate that has been signed off by the client.
- Pioneering Enterprises shall not be held liable for errors and omissions arising from an oversight or a misinterpretation of a client’s verbal instructions.
- Pioneering Enterprises reserves the right to review and / or alter pricing in the event of changed client requirements.
- Speculative Works
- Speculative Works shall remain the property of Pioneering Enterprises, unless the client agrees to proceed with utilising the work and pays in full for such work, in which case Pioneering Enterprises assigns to the client all rights including copyright these Speculative Works with effect from the date payment for such works is received in full by Pioneering Enterprises. No use of Speculative Works or any idea obtained from such work shall be used by the client unless paid for in full or the express written agreement from SPioneering Enterprises is obtained.
- Speculative Works shall remain the property of Pioneering Enterprises, unless the client agrees to proceed with utilising the work and pays in full for such work, in which case Pioneering Enterprises assigns to the client all rights including copyright these Speculative Works with effect from the date payment for such works is received in full by Pioneering Enterprises. No use of Speculative Works or any idea obtained from such work shall be used by the client unless paid for in full or the express written agreement from SPioneering Enterprises is obtained.
- Inactive, Suspended and Cancelled project
- If work is held awaiting client instructions for longer than seven days without prior arrangement, Pioneering Enterprises reserves the right to discontinue the project and invoice work done to date and materials used in that work.
- The suspension of any work at the client’s request will entitle Pioneering Enterprises to full payment for all work and/or services in progress at the time of suspension and for any work already completed that has payment outstanding. Pioneering Enterprises reserves the right to refuse the quotation for the uncompleted portion of the contract if work is suspended for more then 30 days.
- If a project is terminated before completion, Pioneering Enterprises will be compensated for all fees and disbursements incurred up to the date of termination.
- Claims for Remedy
- Any complaint shall be made in writing within 21 days of receipt of goods or services in order to remedy faults or complaints. Any disputes pertaining to invoices received after 21 days will be null and void.
- Any complaint shall be made in writing within 21 days of receipt of goods or services in order to remedy faults or complaints. Any disputes pertaining to invoices received after 21 days will be null and void.
- Outside Influences
- Pioneering Enterprises shall not be responsible for any delay, default loss or damage due to any industrial disputes, accidents, Acts of God, equipment failure or mischievous damage or other causes beyond Pioneering Enterprises’ control.
- Pioneering Enterprises shall not be responsible for any delay, default loss or damage due to any industrial disputes, accidents, Acts of God, equipment failure or mischievous damage or other causes beyond Pioneering Enterprises’ control.
- Liability
- Pioneering Enterprises shall not be liable for any indirect of consequential loss or for the loss to a client arising from third party claims occasioned by errors in carrying out the work or by delay in delivery or by failure in equipment.
- Pioneering Enterprises shall not be liable for any indirect of consequential loss or for the loss to a client arising from third party claims occasioned by errors in carrying out the work or by delay in delivery or by failure in equipment.
- Technology
- Pioneering Enterprises only supports technologies for browsers and computer settings that were current at the time of development. We accept no responsibility if technology changes and a product or service is no longer accessible.
- Pioneering Enterprises only supports technologies for browsers and computer settings that were current at the time of development. We accept no responsibility if technology changes and a product or service is no longer accessible.
- Illegal or Libellous Matter
- Pioneering Enterprises shall be indemnified by the client in respect to any claims, costs and/or expenses arising from any matter, which is illegal, libellous in matter or in breach of the Fair Trading Act 1986 or any other statute or any infringement of copyright, patent or design.
- Pioneering Enterprises shall be indemnified by the client in respect to any claims, costs and/or expenses arising from any matter, which is illegal, libellous in matter or in breach of the Fair Trading Act 1986 or any other statute or any infringement of copyright, patent or design.
- Removal of Material from Server
- Pioneering Enterprises reserves the right at all times to remove without notice a client’s material from its server if Pioneering Enterprises deems material on the client’s website to be of an illegal and/or libellous nature.
- Pioneering Enterprises reserves the right at all times to remove without notice a client’s material from its server for failure to pay fees owed in accordance with Pioneering Enterprises’ payment terms.
- Suitability
- No guarantee shall be given or implied that the goods or services supplied to the client’s instructions or designed by Pioneering Enterprises to those instructions are suitable for specific market requirements unless those are documented and / or from part of the original Proposal
- No guarantee shall be given or implied that the goods or services supplied to the client’s instructions or designed by Pioneering Enterprises to those instructions are suitable for specific market requirements unless those are documented and / or from part of the original Proposal
- Consultation
- Pioneering Enterprises agrees to ensure full consultation with the client throughout the development process.