Terms & Conditions of Business
Subject to change at any time.
Designs on the Web Ltd. (the Designers) agrees to provide the web site design services outlined in the above proposal and the Client agrees to pay the costs set out above in accordance with these terms and conditions.
II. The Designers exercises no control whatsoever over the accuracy, legality or otherwise of the information provided by the Client for the inclusion of their (the Client's) web pages. The contents of the pages (exclusive of header and footer information) are solely the responsibility of the Client or other party contracting with the Designers for its display. The contents of header and footer information on any page, including hyperlinks to other pages or services, are the responsibility and in the sole control of the Designers. The Designers accepts no responsibility for any errors, omissions in any of the content on the site.
III. THE DESIGNERS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE INFORMATION AND SERVICE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FULFILLMENT OF ANY PARTICULAR PURPOSE, TITLE, AUTHORITY OR NON INFRINGEMENT.
IV. IN NO EVENT WILL THE DESIGNERS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RELATING TO THE PRODUCTS OR SERVICES ADVERTISED IN THE CLIENT'S WEBSITE OR FROM ANY ACTIONS RELATING TO COPYRIGHT OF MATERIAL SUPPLIED BY THE CLIENT.
V. Where a site is to be uploaded to an area of web space including any registered domain name or names not owned or rented by the Designers, in providing a password and/or account number, the Client hereby agrees that:
V.1.1. They (the Client) has and will continue to have legal ownership to the web space at the declared Uniform Resource Locator (URL) and
V.1.2. They (the Client) have completed all legal requirements and payments concerning the rental or hiring of the declared Uniform Resource Locator (URL) and in the event of the termination of this agreement for any reason the Client will be solely entitled to and responsible for the registration of the relevant domain name or names from the effective date of that termination with the legal owner of the web space. The Designers will not be liable for any action arising from non-payment of monies to the legal owners of the web space at the declared URL. The Designers hereby agree not to disclose any password or account number provided by a Client to a third party without express permission from the Client. Further, no password will be changed from that provided by the Client by the Designers, without the prior written approval of the Client.
VI. CONTENT MANAGEMENT SYSTEM INSTALLATIONS:
Manageable areas of the Content Management System (CMS) is wholly dependent on the design selected by the client. If a third party, other than Designs on the Web, is supplying the design, there may be restrictions in accessing areas of the website that can be controlled or edited within the CMS.
Unless specified in the signed website development agreement, the CMS editing function will be limited to the body of the web pages and may not necessarily include access to the top, bottom and side page banners; navigational menus and global footers.
Unless specified in signed website development agreement, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs such as databases, e-commerce and/or content management systems).
VII. Where it is agreed between the Designers and the Client that a website will be loaded to an area of webspace owned or rented by the Designers, the Client's web page or pages will be hosted for a period of twelve months from date of the Designers invoice to the Client for the design service ordered herein. Termination of hosting arrangements will occur at the end of the twelve-month period unless payment for a further period is received before the expiry of the aforementioned period. Rates for renewal will be those extant at that time. The Designers reserve the right not to renew any hosting arrangements made hereunder but agree to take all necessary steps to facilitate the transfer of the Client’s web page or pages in a compatible format to the Client for a fee.
VIII. The Designers reserve the right to refuse to include in any page, information either textual or graphical, that in their opinion may be considered abusive, indecent, offensive, illegal, defamatory or menacing or in breach of confidence, copyright, privacy, trademarks or any other rights of a third party.
IX. Unless specifically agreed otherwise, payment is required in full from the Client for all design and services ordered on completion of the design process, prior to publication to the Internet or no later than eight (8) weeks after receipt of the initial deposit, whichever occurs first. Late payments shall incur interest at 4% above Lloyds Bank base rate of interest calculated on a daily basis from the due date until the Client makes payment in full.
X. Unless explicitly stated, website registration and promotion forms no part of any contract between the Client and Designs on the Web Ltd., or its employees or agents.
XI. The Designers will not be held responsible for the removal or inclusion of any page or pages of a Client's website in any search engine or internet directory resulting from any attempt by the Client or a third party to affect directory listings by completing multiple registrations of a page or pages.
XII. If the project is terminated by the Client for any reason after completion of first draft website design, the Designers remain entitled to full payment of an agreed-upon fee. If the project is terminated prior to first draft completion, the Designers remain entitled to full payment of all hours invested by me prior to the termination of the project. Deposits and retainers may only be applied to future project billing and are not refundable.
XIII. The Designer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions.
XIV. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
XV. This agreement shall be governed by the English law and each of the parties agrees to for the benefit of the other party to be subject to the exclusive jurisdiction of the English courts in respect of any dispute or claim arising from this agreement. This agreement is void where prohibited by law.
XVI. By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges having read, understand, and accept the Terms and Conditions of this Agreement and agrees to be legally binding by these Terms and Conditions.
Terms & Conditions of Website Hosting Services
2. Glossary of Terms
We include the Website Owner - - ("Website" or "Website Owner" or "we" or "us" or "our") or any party acting on the Website Owner's implicit instructions.
You ("you", "your", "Customer") includes the person purchasing the services or any party acting on the customer's instructions.
Server means the computer server equipment operated by us in connection with the provision of the Services.
Web Site means the area on the Server allocated by us to you for use by you as a site on the Internet.
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement
3. Web Site Hosting And Email
3.1 Any website designed by Designs on the Web which requires proprietary software or programming for databases, e-commerce and/or content management systems must be hosted by a hosting service selected solely by Designs on the Web. The customer will retain 100% ownership of the web pages design. The customer will have no ownership (0%) of any proprietary software or programming for databases, e-commerce and/or content management systems
3.2 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
3.3 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
3.4 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
3.3.2 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
3.3.3 You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trademark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
3.3.4 You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
3.3.5 You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
3.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez or illegal MP3 content.
3.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
3.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
3.7 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
3.8 In the case of an individual User, you warrant that you are at least 16 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 16 years.
3.9 Any access to other networks connected to must comply with the rules appropriate for those other networks.
3.10 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
4. Service Availability
4.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or downtime of the Server.
4.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
4.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
5.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our website and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of prepayment.
5.2 All payments must be in UK Pounds Sterling.
5.3 If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £35.00.
5.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
5.5 If an account goes unpaid for at least seven days, a £20.00 late payment fee will be applied.
5.6 If an account goes unpaid for at least ten days, the account and its associated services are suspended. A £150.00 charge will be applied upon account reactivation to cover administration costs.
5.7 Once an account has a suspended status, Access to files, databases and other content is explicitly denied. All files, databases and other content including the account itself is permanently deleted after ten days of account suspension.
5.8 Should access to files, databases and other content be required before they are deleted, account reactivation will be required.
6.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.4 No refunds will be made for Services suspended in accordance with 6.1, 6.2 and 6.3.
6.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time.
6.6 You may cancel the Services by giving us a 20-day notice in writing.
6.7 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
6.8 Termination / Transfer of hosting services will be calculated on a pro-rata basis of twenty per cent (20%) of the annual hosting fee plus a £50 administration fee.
6.9 If your website is hosted on a third-party platform, i.e., the Wix Hosting Platform, you are subject to their Terms and Conditions for cancellation of any hosting service. Please be advised that you can only cancel your Wix Premium Plan within the first 14 days of purchase and receive a full refund. You will need to allow a minimum of 30 days for your refund to be processed. Please note that If you request cancellation after the first 14 days after purchase, it is not possible to receive a refund.
7.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
8. Limitation Of Liability
8.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 8.2.
8.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
8.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
8.4, In any event, no claim shall be brought unless you have notified us of the claim within one year of it arising.
8.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever
9.1 reserves the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.
10.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved to be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
11. Applicable Law
11.1 This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
12.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
13. Entire Agreement
13.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
14. Comments or Questions.