By using this website and/or engaging with Code One Digital and the use of its services, you agree to be bound by the following terms and conditions, which govern both the usage of this website and any engagement with Code One Digital for the provision of services of any kind:
1. Background and Definitions
1.1 This Website is designed and hosted by Code One Digital Limited.
1.2 In these terms and conditions: “Company”, “Code One” and “Code One Digital” mean Code One Digital Limited, registered company number SC733534, whose registered office is 272 Bath Street, Glasgow, United Kingdom, G2 4JR and any company which is at the relevant time a subsidiary or holding company of Code One Digital Limited and any subsidiary of any such holding company (and “subsidiary” and “holding company” shall have the meanings set out in sections 736 and 736A of the Companies Act 1985).
2. Access to the Website and content
2.1 The information provided on the Websites is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice.
2.2 Code One Digital will endeavour to allow uninterrupted access to the Websites, but access to the Websites may be suspended, restricted or terminated at any time.
2.3 Code One Digital assumes no responsibility for the contents of any other websites to which the Websites have links.
3. Intellectual Property
3.1 The copyright in the material contained in the Websites, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to Code One Digital or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission.
3.2 Company names mentioned on this website may be the trademarks or registered trademarks of their respective owners.
4. Exclusions of liability
4.1 Code One Digital uses reasonable endeavours to ensure that the data on the Websites is accurate and to correct any errors or omissions as soon as practicable after being notified of them. Code One Digital does not monitor, verify or endorse information submitted by third parties for posting on the Websites and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, Code One Digital disclaims all representations (whether express or implied) as to the accuracy of any information contained on the Websites. Code One Digital does not guarantee that the Websites will be fault free and neither will accept liability for any errors or omissions.
4.2 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted onto the Websites, any liability Code One Digital may have for any losses or claims arising from an inability to access the Websites, or from any use of the Websites or reliance on the data transmitted using the Websites, is excluded to the fullest extent permissible by law. In no event shall Code One Digital be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the Websites, save where such liability cannot be excluded by law.
4.3 Code One Digital does not give any warranty that the Websites are free from viruses or anything else which may have a harmful effect on any technology.
5. Exclusion of liability for suppliers’ goods and services
5.1 You may obtain services from the organisation following your use of this Website. Code One Digital does not accept any liability for any such services. Any services are provided by the organisation over whom Code One Digital has no control and you should satisfy yourself that you wish to purchase their services before contracting with the organisation. The organisation’s standard terms and conditions are in their engagement letter which should be provided to you by the organisation and you should check that you agree to those terms and conditions before ordering any services.
6. Data protection
6.1 Code One Digital is committed to protecting your privacy. Code One Digital will collect and use information supplied by you and other users of the Websites to improve the Websites and personalise your experience when you visit the Websites. Code One Digital may also use it to tell you about changes in our services or about features Code One Digital thinks you’ll find interesting. Code One Digital does not sell, trade or rent your personal information to others. Code One Digital may share the information with suppliers. By registering with Code One Digital, you are deemed to have consented to the use of personal information for these purposes. However, you can tell Code One Digital not to deal with your personal information in these ways in the future by simply sending an e-mail message to firstname.lastname@example.org
6.2 Under the UK Data Protection Act 1998 Code One Digital follows strict security procedures in the storage and disclosure of information which you have given Code One Digital, to prevent unauthorised access.
7.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
7.2 Code One Digital may modify these terms and conditions at any time by publishing the modified terms and conditions on this Website. Any modifications shall take effect 3 days after posting on this Website.
7.3 Retained hours are billed in advance; cleared payment for the agreed term must be received no later than 5 working days before the end of the month preceding the term for which the retainer applies. Unused retained hours cannot be carried over to subsequent terms. Payments made for retained hours are not refundable under any circumstances. Retained hours carry a minimum term of 3 months, similarly extensions of existing retainers must be a minimum of an additional three months. Retained hours may be offered at a rate lower than the usual rate (usually 20%); any additional hours (additional to the number of retained hours during that month) used during the retained term will be billed at the usual rate. Any out-of hours (outside usual business hours of 9am to 5pm Monday to Friday and excluding public holidays) work is not included in the retained hours and will be charged at 150% of the usual rate. Code One Digital reserves the right to terminate a retainer at the end of the term for which payment has been received.
7.4 Work to be carried out under retainer must be booked in at least 5 working days in advance, to ensure availability of resources; requests made less than 5 working days in advance, or less than 5 working days before the end of the retainer period, will be attended to on a best-endeavour basis and may not be completed due to lack of available resources.
7.5 Code One Digital charges a standard rate of £75 per hour (exclusive of VAT, where applicable); standard business hours are Monday to Friday, 9am to 5pm (UK time), excluding public holidays; any work carried out outside of these standard business hours will be charged at 1.5 time the standard rate. In the case of retainers, out-of-hours work is not included in the retained hours and will either be billed separately or deducted from any remaining retained hours. Itemised invoices are not provided unless requested in advance of any work being undertaken.
7.6 Payment terms are 7 calendar days from the date of invoice, or by the due date on the invoice, whichever is the earliest; retainers are due in advance as outlined above. Code One Digital reserves the right to suspend work in the case of late payments, until the issue is resolved. Late payments may also result in the withdrawal of credit facilities for that client and the commencement of legal proceedings as outlined below.
7.7 If the client disagrees with an invoice, or if there is any other form of dispute with either the invoice or the work to which it relates, Code One Digital must be advised of such dispute in writing (by email) before the due date of the invoice; failure to make Code One Digital aware of any disputes relating to an invoice before the invoice due date constitutes acceptance of the invoice and therefore liability for payment of the invoice in full by the due date stated on the invoice.
7.8 In the event that payment for an invoice has not been received in full as cleared funds on the due date stated on the invoice, a reminder will be issued via email; should payment still not be received in full as cleared funds within 7 calendar days of the due date stated on the invoice no further reminders will be issued and on the 8th calendar day from the due date of the unpaid invoice a Court Judgment will be obtained and subsequently referred for enforcement by bailiffs of the Sheriff’s Office; any fees and expenses associated with these collection proceedings, or in any other way relating to the late payment of the invoice, will be added to the amount due.
7.9 In such an event that an agreement has been entered into between an employee of Code One Digital, or one of its Directors, on behalf of, or in representation of Code One Digital, these terms and conditions override all terms contained in any such agreement.
8. Governing law
8.1 These terms and conditions are governed by and to be construed in accordance with UK law.
8.2 Any disputes shall be subject to the exclusive jurisdiction of the UK courts.
Last updated: 8th February 2023