The following terms (together with the documents referred to therein) govern your use of this website https://www.ellardoutloud.co.uk/ (the “Site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Site. By using the Site, you indicate that you accept these terms of use and that you agree to abide by them.
The Site is operated by Ellard Outloud Limited (“Us”). Ellard Outloud Limited is registered in England and Wales under company number 11313995. Our VAT number is 293 8206 79.
Registered office and main trading address at
Cranbrook House,
287/291 Banbury Road,
Oxford,
United Kingdom,
OX2 7JQ
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Site, or the entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the Site, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the author of material on the Site must always be acknowledged.
You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for any liability which cannot be excluded or limited under applicable law.
We process information about you in accordance with our privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We 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 the Site or to your downloading of any material posted on it, or on any website linked to it.
You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our 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 our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must contain any material which is unlawful, defamatory, obscene, threatening or otherwise likely to offend any person or which infringes any right of any person.
If you wish to make any use of material on the Site other than that set out above, please address your request to us using our “Contact Us” form.
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.
If you have any concerns about material which appears on the Site, please contact us using our “Contact Us”.
1) The “Customer” means the party commissioning the provision of service.
2) The “Contractor” means and refers to Ellard Outloud Limited.
3) The “Contract” means the agreement between the Customer and the Contractor for the provision of development work or service.
4) This Contract represents the entire agreement between the parties. Each party warrants to the other party that has not relied on any representation not recorded here, which has induced it to enter into this Contract.
5) No amendments to this Contract will be valid unless made in writing and signed by all the parties hereto.
6) The development works specified in the Contract will be undertaken on the basis of specific representations and information supplied by the Customer to the Contractor and the Contractor shall not be responsible for any errors, omissions or other failures in the performance of the said work arising from the provision of incorrect or incomplete information by the Customer. The Customer acknowledges that where incorrect or incomplete information has been provided, additional work may be required by the Contractor for which a reasonable additional fee may be payable.
7) Where the Customer is a corporate body, the Contractor undertakes the work on the basis of an implied undertaking that each of the directors and shareholders of the Customer will indemnify the Contractor for all fees, costs and other charges which for any reason are not paid by the Customer under the terms hereof.
8) The Customer acknowledges that all information in this Contract and which arises as a result of the work undertaken hereunder is confidential and belongs to the Contractor and shall not be disclosed in whole or in part, directly or indirectly to any party without the prior written approval of the Contractor.
9) The Customer undertakes to provide all necessary authorities to third parties to enable the Contractor to perform the whole of the works required under the Contract.
10) The liability of the Contractors in contract, in tort or otherwise arising in connection with the work undertaken under the Contract shall be limited to 10 times the fee rendered for the specific assignment, which has been paid in accordance with the terms hereof.
11) Without prejudice and in addition to all other rights and remedies which may arise from any breach of this Contract, in the event that this Contract is terminated for whatever reason prior to the work being completed by the Contractor, the Contractor shall be entitled to retain the 50% deposit paid on the commencement of the Contract and shall be entitled to such reasonable additional amount of the total charge as corresponds to the work completed in addition to any other payments or compensation which is appropriate under the circumstances.
12) All prices referred to in the Contract are exclusive of Value Added Tax.
13) In the event that any of these terms and conditions or any part of the terms and conditions is judged illegal or unenforceable for any reason the continuation in force of the remainder of these terms and conditions will not be prejudiced.