Terms and Conditions
Definitions
In these conditions “the Customer” means the person, firm or company who commissions the services of WEB 365 Ltd “the Company”. By commissioning the Company to undertake work “the project” on their behalf, the Customer agrees that these Terms and Conditions of Trading define our working relationship. All projects, services or goods that the Company may be contracted to produce or provide for the Customer will be subject to the following:
New Projects
For each project, the Customer will receive a quotation outlining the project specifications and fees for our time based on the Company’s current hourly rate and, where appropriate, any goods and professional services commissioned by the Company in order to complete the project. Quotations are valid for 30 days from the date on the quotation.
Work will begin upon the Customer’s written or oral approval of the quotation and this will constitute an agreement. The Customer agrees to pay a 50% deposit on acceptance of a quotation with the balance due when a project is complete and a website goes live.
The project deposit is non-refundable, and if a project is cancelled by the Customer, for whatever reason, the deposit will serve as a cancellation fee, along with a prorata payment based upon the time spent if it exceeds 50% of the quoted work. The Company endeavours to provide graphic and web design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” by the Client, the initial deposit is forfeited and acts as a cancellation fee. The deposit is to ensure the Company allocates time in the schedule to create work for the customer.
New work requested by the Customer and performed by the Company after a proposal/quotation has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original quotation, we will submit a revised proposal/quotation to you, and a revised additional fee must be agreed to by both parties before further work proceeds.
Website Care Plans
Website Care Plans are provided on a 30 day notice period.
Inclusive minutes of support and maintenance on Website Care Plans are for a single month and can not be carried forward to subsequent months.
Website Care Plan invoices are issued to Customers on the first of each month and payment terms are 15 days. A late payment will result in services being suspended on the first day of the following month.
Search Engine Optimisation
Search engines change their algorithms regularly, which can result in fluctuations in your search ranking positions. The Company will not be held responsible for these fluctuations or if an algorithm change results in dramatic changes to the fortunes of your website and/or its rankings.
In no event shall the Company be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever.
Errors and Omissions
It is the Customer’s responsibility to check all work carried out by the Company carefully for accuracy in all respects including but not limited to prices, spelling, dimensions and images. The Company is not liable for errors or omissions.
Domain Name Registrations
Renewals of domain names through The Company are non-refundable due to nature of domain registry systems. Renewal(s) of domain name(s) are automatically renewed by the Company annually unless otherwise instructed 7 days before the due date of each domain name(s).
Hosting
While the Company aims to keep a Customer's website and/or domain mailbox hosted by ourselves accessible 24 hours a day and seven days per week, we cannot be held responsible for any downtime and subsequent loss of business you may suffer whether from routine maintenance or server failure.
Data Protection and Confidentiality
The Company acknowledges that in providing its service to the Customer it may have access to and process confidential and personal information of the Customer and the Customer’s clients. The Company agrees that for the purposes of the Data Protection Act 1998 it acts as a data processor when processing such data and will only process data in accordance with the Customer’s instructions and the Data Protection Act 1998. In particular, the Company agrees to implement technical and organisational measures to keep the data secure in accordance with the seventh data protection principle and to provide the Customer with such information as the Customer reasonably requires from time to time to confirm this.
The Company agrees to keep confidential all information it learns about the Customer or the Customer’s clients other than that information already in the public domain, or information which is required to be disclosed by law or by any regulatory body. Neither party shall, without the authority of the other, disclose to any third party any confidential information concerning the products, customers, business, accounts, finance or contractual arrangements or other dealings, transactions or affairs of the other which may come to that party’s knowledge in the course of performing its duties under this Contract.