Websites4you Terms & Conditions
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The following Terms and Conditions of Service apply to all products and services provided by Websites4you. All work is carried out by Websites4you on the understanding that the client has agreed to Websites4you terms and conditions.
General Terms & Conditions
1. Project Acceptance
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Websites4you. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Websites4you terms and conditions. No work on a project will commence until either document has been received by Websites4you.
2. Design Charges
Charges for design services to be provided by Websites4you, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Websites4you has received this amount in full.
3. Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to Websites4you. Accounts which remain outstanding for 30 days after the date of invoice may incur an extra charge of 2% per month of the outstanding amount.
Publication and/or release of work done by Websites4you on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £50 per returned cheque. Websites4you reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Websites4you shall be considered entitled to remove Websites4you and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it's obligation to pay the due amount. Customers whose accounts become default agree to pay Websites4you reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
6. Copyrights and Trademarks
By supplying text, images and other data to Websites4you for inclusion in the customer's website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Websites4you on behalf of the customer, will remain the property of Websites4you and/or it's suppliers.
The customer may request in writing from Websites4you the necessary permission to use materials (for which Websites4you holds the copyright) in forms other than for which it was originally supplied, and Websites4you may, at it's discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to Websites4you, the customer grants Websites4you permission to use this material freely in the pursuit of the design. Should Websites4you or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Websites4you to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Websites4you free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The customer also agrees that Websites4you holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Websites4you, or any of it's contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Websites4you and any of it's relevant sub-contractors.
All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Websites4you will not be held responsible for any and all damages resulting from such claims. Websites4you is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Websites4you responsible for any such loss or damage. Any claim against Websites4you shall be limited to the relevant fee(s) paid by the customer.
9. Data Formats
The client agrees to Websites4you definition of acceptable means of supplying data to the company. Text is to be supplied to Websites4you in electronic format as standard text (.txt), MS Word (.docx), or Client Memory Stick, or CD-ROM, or via email, or uploaded to client FTP Server.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Websites4you via memory stick, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Websites4you will not be held responsible for any image quality which the client later deems to be unacceptable. Websites4you cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
10. Design Project Duration
Any indication given by Websites4you of a design project's duration is to be considered by the customer to be an estimation. Websites4you cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Websites4you for the initial payment or by date confirmed in writing by Websites4you
11. Rights of Access for Website Construction
The client agrees to allow Websites4you all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Websites4you access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Websites4you with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
12. Design Project Completion
Websites4you considers the design project complete upon receipt of the customer's Approval. Websites4you require all work to be signed off and approved at the end of the agreed works. Approvals are required by sending a letter by Post, fax, email or in person. Other services such as printing, display panel production, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
13. Website design only
Once web design is complete, Websites4you will provide the customer with the opportunity to review the resulting work. Websites4you will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Websites4you by e-mail or fax and confirmed by post.
Websites4you will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
14. Hosting websites
Websites4you does not offer in-house hosting services. Websites4you can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Websites4you may request that clients change the type of hosting account used if that account is deemed by Websites4you to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and Websites4you are not liable for their payment.
15. Domain Registration
Websites4you cannot guarantee the availability of any domain name. Where Websites4you is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Domain Name and Website hosting Renewals: Websites4you will not renew domain names registered on our clients behalf if payment has not been received in full. Domain names are billed by Websites4you to each client in excess of 30 days before the actual renewal date to ensure clients have the time to pay within the 30 day agreed terms. Websites4youtake no responsibility for the loss of data or domain names due to late payments.
PLEASE NOTE: Websites4you reserve the right to remove website hosting and all other services provided without notice if payment is not received within the 30 day invoice terms. Additional fees may apply to reinstate services which have been removed due to late payments. Websites4you reserve the right to request payment in full once an account is in default if domain name and any other services have been paid for by us [Websites4you to third party hosting companies on our clients behalf.
16. Search Engine Optimisation (SEO)
Due to the infinite number of considerations that search engines use when determining a site's ranking, Websites4you cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. All SEO Services provided by Websites4you are for a minimum period or 6 months.
Fees for optimising a website is an ongoing fee depending on the amount of key words and phrases you wish to target. All costs are based on a minimum term of 6 months. This is in order to give you a good chance of seeing positive results.
PLEASE NOTE: Websites4you cannot offer any guarantees. While we do everything we can to achieve the best ranking results for your chosen key words and phrases, there are no guarantees of reaching the top position on Google. We are confident that we can reach the first 12 positions and maybe a top ranking but we do not promise any guarantees. We would question anyone who tells you that they can guarantee a top ranking position as it is virtually impossible to guarantee.
17. Design Credits
The customer agrees to allow Websites4you to place a small credit on printed material exhibition displays, advertisements and/or a link to Websites4you own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Websites4you to place websites and other designs, along with a link to the client's site on Websites4you's own website for demonstration purposes and to use any designs in its own publicity.
18. Rights of Refusal
Websites4you will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Websites4you also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Websites4you does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Websites4you to remove the contravention without hindrance, or penalty. Websites4you is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Websites4you will need formal notification in writing to the company's postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Websites4you within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Websites4you makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Websites4you will not be held responsible for any and all damages resulting from products and/or services it supplies. Websites4you is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Websites4you responsible for any such loss or damage. Any claim against Websites4you shall be limited to the relevant fee(s) paid by the customer.
Websites4you reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Websites4you will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Websites4you and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Websites4you recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Websites4you reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
22. Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Websites4you and validated by the customer's signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Websites4you