Business Guidelines

Over the years Mirata has been privileged to work with some amazing customers. We believe that good customer relationships start with good communication. Our team is focused on communication, and our systems are designed around communication, that's why customers stay with us.

This Business Guidelines section highlights the main points that you need to be aware of when engaging Mirata as your technology provider.

Becoming a Mirata customer

When we begin a business relationship with a customer, we don't ask you to sign a contract, and we don't sign contracts issued by our customers. What we do ask, is that you register as a customer through our Customer Support site, and that you spend a little time reading and acknowledging our Business Guidelines. It's really important that you read through our Business Guidelines and various policies so that you understand how we work, and what you can expect of us.

Our registration process provides us with some basic information about who you are, and how we can contact you, as well as giving you access to our support systems, and helping you find out more about Mirata.

Agreeing costs and paying invoices

It is always best at the start of a customer relationship to identify what costs are involved and how billing takes place.

Once we have the received all the details about your business and the type of service you require, we often send an interim proposal with some indicative costs to help you plan. This is particularly helpful for clients who are applying for funding or have not currently got the budget in place to begin work. After discussion, and once we are happy with the completed specification, we will issue you with a formal quote through our Customer Support site.

Unless otherwise agreed, invoices relating to web design, web development and web projects, require a 60% down payment with the balance (40%) being payable on completion (or go-live date) of the project. Invoices relating to the registration of domains or installation of any hosting, or bespoke work should be paid in full in advance.

Invoices not paid within 30 days may at our discretion incur charges to cover delayed payment. The interest we charge if a business is late paying for goods or a service is "statutory interest". This is currently 8% plus the Bank of England base rate for business to business transactions. It is time consuming to chase payments, and therefore we reserve the right to pass on this cost to those customers who delay payment. We may from time to time, use a collection agent, for invoices that become significantly overdue. If you are delaying your payment for a specific reason, then please tell us as soon as you can.

Some of our Support or Consultancy Contracts are payable monthly in advance by Standing Order / BACS or Yearly in advance.

Prices are shown in UK Sterling unless otherwise stated. All prices throughout Mirata web site(s) exclude VAT unless otherwise stated. VAT is charged at the current UK rate (VAT Registration No. GB 936 2858 89).

Ownership and Intellectual Property Rights

Ownership of any work we do for customers, will not be retained by Mirata. Once payment has been received in full, all ownership is passed to the customer. Customers should be aware however, that some projects may include elements of code, or web applications that are Open Source. Any Open Source technologies included as part of a customer project are released under the GNU General Public Licence (GPL). Customers who wish to exclude Open Source applications from their projects should ensure that they stipulate this in their initial specification.

Providing you with a service

If you have a particular deadline that is critical to your work, please advise us of the significance of the deadline. We will always endeavor to provide services by an agreed date, but all dates are estimates and we cannot accept any liability for any failure to meet a certain date.

We will always provide our service with the reasonable skill and care of a competent solutions provider, but it is technically impracticable to provide a completely fault or error free service and we do not undertake to do so. We will however always use our best efforts to repair any reported faults or correct any errors as soon as reasonably possible.

Mirata does not provide telecommunications services necessary to connect to our services or to obtain access to the Internet. The customer is responsible for providing suitable computer hardware, software and telecommunications equipment and services necessary to access and use our services.

While we make every effort to support most common browser types and versions, we cannot guarantee that our sites or web applications will render or function correctly in browsers other than the most recent version of Firefox or Internet Explorer.

While we make every effort to support most operating systems, we cannot guarantee that our sites or web applications will render appropriately or that all website functions will be supported. In addition, we cannot be held responsible for an individuals PC settings that may cause a site to render inappropriately.

Occasionally we may change the technical specification of a service or suspend a service for operational reasons such as repair, maintenance or improvement of the service or because of an emergency.

We reserve the right to refuse to carry out work, or provide a service for a customer, if we feel that the work or service requested may be detrimental to other customers, to Mirata, or to other organizations that work closely with Mirata. We may also refuse (or suspend work) for any customer who is abusive, rude, petulant or over demanding. We want to provide the best possible service to our customers, but in doing so we will not tolerate hostile behaviour.

If we are unable to carry out work for a customer, we will provide an explanation of why this is the case. Please be aware that in refusing work, we are in no way discriminating against a customer, or a customers values.

Using our services

It is really important that you do not use any of our services in any of the following ways.

(a) fraudulently, in connection with a criminal offense, or unlawfully;

(b) to send, receive, upload, download, use or re-use any information or material which is illegal, offensive, abusive, libelous, indecent, defamatory, obscene, menacing, or to cause annoyance, inconvenience or needless anxiety;

(c) to transmit knowingly or recklessly any electronic material which would cause, or is likely to cause, detriment or harm, in any degree, to computer systems owned by other Internet users;

(d) to store or transmit overtly adult in nature, pornographic, psychic, demonic, or spectral material, warez, hacking tools, reverse engineering tools or advice;

(e) to send or provide unsolicited advertising or promotional material or to receive responses to any unsolicited advertising or promotional material sent or provided by any third party;

You are also responsible for monitoring your services and ensuring that they do not consume excessive bandwidth.

Security of our service

Our customers are responsible for the security and proper use of all user names and passwords used in connection with the services we provide (including changing passwords on a regular basis). You should take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorized people.

We reserve the right to suspend user name and password access to a service if at any time we consider that there is or is likely to be a breach of security. We also reserve the right to require the customer to change any or all of the passwords used in connection with our services.

It is also important that you inform us of any changes to the information you supplied when registering for any of our services.

Ending your service

On the rare occasion that a customer should wish to end their service with us, for example transfer to a new host, all web site content and associated data (subject to any outstanding payments) will be returned to the account holder via a digital download. Any associated domain names owned by the customer, will be transferred to the new host on receipt of an appropriate TAG (Authorization Code) from the customer. In the absence of a replacement TAG, or should a transfer not be requested, domain names will we pointed to www.mirata.ltd.uk until they lapse.

Monthly Support and Consultancy services are specifically designed to avoid large capital costs, defaulting on, or terminating a regular payment may mean that any development or support work done prior to default, may be charged at the normal project cost. In the case of early termination, all services will be immediately suspended pending a review of the client project costs incurred to date.

If Mirata suspends your service or project for any reason, we will write to you giving a full explanation of why we have taken such action.

Buying domain names from Mirata

We accept no responsibility in respect of the use of a domain name by the customer. Any dispute between the customer and any individual or organization regarding a domain name, must be resolved between the parties concerned and Mirata will take no part in any such dispute.

We reserve the right, on becoming aware of a dispute concerning a domain name, at our discretion and without giving any reason, to either suspend or cancel the relevant service associated with the domain name, and/or to make such representations to the relevant naming authority as it deems appropriate. No refund in respect of registration fees or management services will be given.

At our discretion domains may be registered in the Company name of Mirata Ltd using our registered office address. This is part of our domain management service and for the protection of client ownership and anonymity.

When we work for free

We occasionally do pro bono work for small businesses, charities, churches and non-profit organizations. For such cases, all fees are waived. Our provision of pro bono work is done so at our discretion. We reserve the right to autonomously grant or refuse pro bono work for a new client and also to terminate provision of pro bono work for an existing client at our discretion.

If service is terminated either by us or at the request of the client, all web site content and associated data will be returned to the client. Any associated domain names registered on behalf of the client, however, remain our property, and may be purchased at our domain registration rate for a two year period per domain. Retrospective charges for domain registration periods may be made at our discretion. Should a pro bono relationship end, we also reserve the right to release domains into the wild. Management and subsequent transfer of domains and content may incur a fee.

Providing effective pro bono work for small businesses, charities, churches and non-profit organizations, can require a substantial investment of finance and resources on our part. Because we do not expect, or require, a return from such work, we reserve the right to re-use or allocate the same or similar resources, knowledge or solutions to other projects as may be necessary.

All knowledge, communications and solutions provided during pro bono work remain the property of Mirata.

Keeping our customers informed

We may publish notices to our customers via our website; notices will be considered effective on the date of publication. A notice from us which is sent by e-mail to the customers e-mail address will be considered effective on the date it is sent. A notice from the customer to us will be deemed effective when received by us at the e-mail address support@mirata.ltd.uk.

By becoming a customer you grant us permission, in accordance with the Data Protection Acts 1984 and 1998, to send advertising and promotional material pertaining to other products and services and to third-party products and services selected by ourselves. You can opt out of receiving such information from us at anytime by notifying us by e-mail to the address support@mirata.ltd.uk.

The extent of our liability to our customers

We are not liable for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of data. Our liability to you is limited entirely to the amount paid by you for our service.

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