Please read carefully as this contains important information.
We are committed to delivering the best possible service to all our customers, and our Terms and Conditions are designed to set out clearly from the outset what we can expect from each other throughout our partnership.
These are the terms and conditions (“the terms”) governing the use of this website (“the Website”) which is wholly owned by De9 (“the Company”). These terms apply to each user and/or visitor to the Website and/or customers of the Company and are governed by English law.
DEFINITION OF OUR TERMINOLOGY AS USED WITHIN THIS DOCUMENT:
- ‘De9’ will be referred to as ‘The Company’.
- A ‘Project’ is any work undertaken or service provided by The Company for the Client on their request and as described in our confirmation order email to that Client.
- A ‘Client’ is a person, persons, business or organisation using any of the services provided by The Company.
- ‘Live Mode’ means the date the website is available on the Client’s chosen domain.
- ‘Domain’ is the website address as specified by the Client.
- ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
- ‘Hosting’ is a yearly cost to keep a clients website activated online.
- ‘Content’ is both text and images that the Client requires on the website.
- ‘mb’ stands for megabytes and is a measure of storage capacity.
- ‘gb’ stands for gigabytes and is a measure of storage capacity.
PROPRIETOR AND PROPRIETARY INFORMATION
Information on this Website is the property of the Company. The materials contained in this site are protected by copyright law. The contents of the Website are available to any user and/or visitor for personal reference only and may not be reproduced in any manner whatsoever either in whole or in part without the prior written permission of the Company, its authorised agents or representatives.
The Company reserves the right in its absolute discretion:
(a) to add to or remove any material from the Website or to amend, alter, redesign or change anything contained in or on it at any time; and
(b) to monitor, suspend, revoke, or otherwise limit access to the Website at any time.
The use of this Website is at the visitor’s or user’s own personal risk. The Company does not warrant the content, accuracy or veracity of any material or other information on the Website nor does it warrant that the Website is free from errors, faults, viruses or other computer or data-corrupting or data-damaging material.
The Website contains links to other sites or addresses on the web. External sites are not part of the Website and do not belong to the Company. The Company does not approve or endorse other websites nor is it responsible for their content.
Descriptions of, or references to products, services or publications within the Website do not constitute or imply their endorsement or recommendation in any way by the Company, its employees or contractors. No reference in the Website to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise, shall be used for advertising or product endorsement purposes.
- The contract between The Company and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
- All down payments and deposits received are non refundable.
- The Company reserves the right to revise and amend an initial quote to a customer where needed.
- Unless otherwise explicitly agreed and stated, the Company’s responsibility is limited to designing customers’ websites and excludes the update, use, altering, maintenance, troubleshooting etc. of the customer’s website/s once online. The Company reserves the right to request additional payment to cover any or all of such work and/or to refuse to undertake such work.
- The Company uses customers’ material e.g. text, information, photos etc to design customers’ websites. The Company is not responsible for these materials. The use of these websites is at the visitor’s or user’s own personal risk. The Company does not warrant the content, accuracy or veracity of any material or other information on the customers’ websites nor does it warrant that these websites are free from errors, faults, viruses or other computer or data-corrupting or data-damaging material. Descriptions of, or references to information, products, services or publications within the customers’ websites do not constitute or imply their endorsement or recommendation in any way by the Company, its employees or contractors.
- The works to be carried out shall be as set out in the The Company confirmation email.
- Email will be the method of contact with regard to all communication. Although The Company can be contacted by telephone, we will use email as our method of communication and therefore it is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. The Company can not be held liable in any way relating to communication issues if we are not supplied a valid email address. The Company will acknowledge all emails within 3 working days.
- The Company will require 50% payment upon order. The final 50% payment is to be made on completion of the website. The website will be switched to Live Mode once the Clients remaining balance is paid in full.
- The deposit paid to The Company covers the cost of design work carried out as well as any admin work and communication with The Company. The deposit is non refundable.
- Level 1 Flash animation refers to 3 hours of Flash development time on the clients website by The Company.
- The Company shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
- It is important for the Client to keep in contact with The Company throughout the entire Project. If a Client does not make contact for 1 week we will make up to 5 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded.
- Where images used on the website have been purchased by The Company on behalf of the Client, these images are strictly for use on the website only. The Company are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
- The Company will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, The Company will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control. No guarantees can be made as to the availability or interruption of hosting, The Company cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
- All hosting offered by The Company is limited to 175mb of website space, 2GB bandwidth and 2 email addresses unless otherwise stated in a separate contract.
- The Company cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by The Company.
- Where asked to provide search engine optimisation for a Client, The Company do not guarantee any specific placement or high ranking on search engines.
- The Company will provide the Client with an expected completion date for the Project (live on the internet) if requested. The Company will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of The Company is purely an estimate.
- It is the Client’s responsibility to check with The Company whether Open Source Software is being used or not.
- The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by The Company or the Client.
- All creation files remain the intellectual property of the company on completion of a web design project. The company shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute any item from the clients web pages unless specifically agreed to do otherwise. Further, the company shall be free to use any ideas, concepts, know how or techniques acquired in the construction of web sites for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and any other items incorporating such information unless specifically agreed otherwise. Images will have been purchased by The Company for the Client, unless the images have been supplied by the Client. Images purchased by The Company are licensed only for use on the client website and are limited to no more than 20 images dependent on the size of the project. Item 22 is subject to item 21.
- All images displayed on the Client’s website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or The Company, they will be the sole responsibility of the Client.
- Domain names will be registered by The Company and also registered to the The Company current address. Although the domain names are registered to The Company address, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, The Company will do this within a reasonable timeframe.
- A domain name will be registered by The Company on behalf of the client once we have received the initial payment (see item 8).
- It is the responsibility of the Client to renew their domain names when due. If a domain name expires, The Company can not be held liable for this.
- When a Client renews Hosting with The Company, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and The Company can not be held liable for this.
- Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the Client. The Hosting will not be renewed if The Company cannot contact the Client or the Client requests for The Company to not host this site. This will also affect the domain as per item 27.
- The Hosting renewal charge must be received within 10 days of the Hosting expiry date. The Company reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by The Company for reactivating the website/Hosting.
- If the Client does not use The Company Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
- Should a Client wish to move Hosting away from The Company or transfer a Domain name away from The Company, a £50 admin charge will be issued, which must be paid before the transfer takes place.
- The Company has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client’s web sites constitute The Company endorsement, or approval of the website or the material contained within the website. The Company has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. The Company provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
- The Company are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.
- If a Domain name is purchased by the Client through a company other than The Company, the Client has full responsibility in making sure that the domain name is renewed when due. The Company will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than The Company.
- The Company accept BACS and Cheque as a payment method.
- The Company makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
- Web designs created by The Company as part of a bespoke package will include one bespoke home page design template to The Client’s specification and satisfaction. Internal page designs will be created based upon the home page design so as to create a theme throughout The Website. Internal pages with a significantly different design from the home page will incur an additional charge per page.
- Support and development will be charged at the company’s standard hourly rate unless agreed otherwise in writing.
- All websites will be built using standard “web safe” fonts only. Non-web-safe fonts can be used if required by The Client at an additional cost. Using non-web-safe fonts is not recommended as this can have a significant impact on the performance of The Website. The Company accepts no responsibility for poor website performance (e.g. slow page load times) where a non-web-safe font has been used.
- The Company reserves the right to include branding on The Website which may be changed at any time by The Company. This branding will usually be a short sentence at the bottom right of The Website, however The Company reserves the right to put this branding wherever it fits with the design of The Website. The Company will always ensure the branding is subtle enough so as to not distract focus from the main content of The Website.
- The Company shall (if applicable) add to the price of the Services, and the Buyer shall pay, an amount equal to any VAT or other sales tax or duty applicable from time to time to sales or supply of such Services.
EXCLUSION OF LIABILITY
To the maximum extent permitted by law the Company excludes liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitor’s or user’s access to, or use of the Website, or any material thereon, whether based in contract, tort or whether negligent or otherwise, even if the Company has been advised of the possibility of such damage.