WWS Webservices Design & Hosting Standard Terms and Conditions (060417 rev1)
“WWS Webservices” recommended guidelines for web site development.
Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.
The following terms apply to all websites designed and/or produced by “WWS Webservices”.
In this agreement the terms have the following meanings:
(a) “The Client” or “The Customer” means any person, company, partnership, organisation or body at whose application, “WWS Webservices” agrees to provide the products and/or services under the terms of the agreement.
(b) “The Agreement” means the contract between “WWS Webservices” and the Client to which these conditions will apply.
c) “The Order Form” means the digital or printed document completed by the client in order to enter the Agreement.
(d) “Order” is the request by the Client for products and/or services in the order form/agreement
(e) “Completion of site” means the day the site is uploaded to a web site on the server specified by the client or on web space provided by “WWS Webservices”
(f) "Deliverables" are the outputs of services to be supplied under the agreement and shall include but are not limited to, all software and written material, including programs, discs, listings and other programming documentation.
Scope: This agreement shall apply to all goods and/or services ordered by the client from “WWS Webservices”
Hosting and Domain Name Fees are payable in advance before site design is commenced and are non-refundable. An additional payment of 50% of the quoted fee may also be requested prior to commencement of the provision of goods or services, which will be invoiced on receipt of a signed order from the client and is payable on receipt of the invoice, unless otherwise agreed, in which case payment is due upon completion of Website or work requested. Whilst any payment due under the agreement remains outstanding, “WWS Webservices” shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. All payments by cheque, bankers draft or money order must be made in pounds sterling.
“WWS Webservices” warrants that it will not knowingly infringe the rights or intellectual property of a third party. The Client accepts full responsibility for the material contained within their website and that no liability will be incurred by “WWS Webservices” should any infringement of copyright occur within material provided by the Client which is subsequently displayed on the website.
Any web page; design or entire site designed by “WWS Webservices” carries a copyright, and cannot be reproduced without written consent. The placing of an order by the client or other person/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the advertisement. The Advertiser/client must indemnify “WWS Webservices” in respect of all actions; proceedings; costs demands and claims arising from any such breach.
Precautions: Advertisements must comply with the Business Advertisements (Disclosure) Order 1997 and the Trade Descriptions Act 1968. It will be the clients responsibility to ensure that all adverts provided to us are to this standard and will hold harmless, protect and defend “WWS Webservices” employees and its subcontractors from any claim or suit arising from the use of such elements furnished by the client or for any material supplied by the client.
Copyright and Trademarks:
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to “WWS Webservices” for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend “WWS Webservices” employees and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Web Design Project Copyright:
“WWS Webservices” owns copyright to the finished web design site produced by “WWS Webservices”. The client will be assigned rights to use the web design project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files and computer programs are specifically not transferred to the client, and remain the property of their respective owners. “WWS Webservices” and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios
Should WWS Webservices cease trading the design rights may be firstly reassigned to another business or company providing equal or better services to the client or secondly direct to the client subject to agreements which may be determined before transfer.
The client agrees that “WWS Webservices” can place a discreet link to “WWS Webservices” and associated websiteson any website that it designs or creates.
Costs / Estimates:
Estimates are given in good faith and are based on the information provided by the client. “WWS Webservices” reserves the right to alter estimates at any time should the client change or add to the scope of the work that has been quoted for. “WWS Webservices” will always inform the client of changes in projected costs at the earliest opportunity. All errors and omissions shall be excepted. Initial estimates are valid for 30 days.
Any dates quoted for completion of the Work by the Contractor are approximate only and “WWS Webservices” shall not be liable for any delay howsoever caused.
All payments shall be made to “WWS Webservices” within 30 days of the Invoice date. “WWS Webservices” reserves the right to invoice the client for costs incurred by “WWS Webservices” on behalf of the client at anytime during the production cycle.
In accordance with the LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998, any invoice which has not been paid within 30 days of its submission may be subject to a late payment Statutory interest charge as defined in the Act. This is presently an Annual Percentage Rate (APR) of the Bank of England base rate plus 8%, whereby the late payment charge is calculated on a daily basis commencing the first day after the 30 day credit period. Where action needs to be taken to recover outstanding debts additional costs may be applied to cover administration and expenses incurred in order to recover any outstanding amount.
Under no circumstances will we tolerate threatening or abusive behaviour towards our staff. Should this occur, we reserve the right to terminate the hosting agreement with immediate effect.
Should the client, during the course of a conversation, email or support ticket, make reference to “legal action” or say anything we might reasonably understand to imply or infer that the client may intend to pursue a legal claim against us, we reserve the right to refuse telephone support going forward. Any further correspondence must then be sent by email or written correspondence to our trading address.
Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate the hosting agreement. Where it is reasonable to do so, we will provide 30 days’ notice of termination and provide a backup of the website as is, and allow retrieval of content and email by the client during the 30 day period of notice. All content and email will be removed from our servers on the 31st day, the data should then be deemed unrecoverable and we accept no liability for any data not collected by the end of the 30th day.
Rights on Termination:
Termination of this agreement does not affect your pre-existing liability, if any or affect our right to recover damages or pursue any other remedy in respect of any breach of this agreement by you.
In the event of us terminating this agreement due to breach of these conditions by you, we shall be entitled to the balance of all payments which would but for such termination have accrued up to the earliest date on which this agreement could have been terminated by you.
Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method.
Cancellation / Termination:
In the event of cancellation, the client shall be liable for all costs incurred by “WWS Webservices” up to the date of cancellation. All material produced by “WWS Webservices” will be delivered to the client in its current state upon receipt of payment. No guarantee to the quality or functionality of this material is given or should be inferred.
“WWS Webservices” shall not be liable for any indirect special incidental or consequential loss including loss of sales/profit or production, opportunity, damage to goodwill/reputation.
“WWS Webservices” hereby excludes itself, its Employees and or Agents from:- all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site or hosting thereof; All and any liability for loss or damage to clients artwork/photos, supplied for the site. Immaterial as to whether the loss or damage results from negligence or otherwise.
The Client agrees that “WWS Webservices” will not be liable for any data that fails to be delivered, any mis-delivery, corruption, destruction or other modification to the Client's website.
On completion of work, the deliverables shall be uploaded to an agreed temporary location (usually a sub-domain of the Vendor's server) for approval. Upon written approval by the client, the deliverables shall be uploaded to the client's server space.
Where the client’s site is being hosted by a third party, the Vendor reserves the right to delay provision of the deliverables until full payment has been received.
Where the website is to be hosted by WWS Webservices, the web site design project will be published to the client's hosting service upon receipt of the second payment or delivered via diskette upon receipt of full payment. The client understands that “WWS Webservices” does not provide any hosting services in connection with this web design project. Hosting services require a separate contract with the “WWS Webservices”. The client agrees to select a hosting service which allows “WWS Webservices” full access to the client's account via FTP. The client will be solely responsible for Domain Name, Mail & Hosting and any service charges applicable.
Web Site Maintenance:
This agreement allows for minor web site maintenance per month, up to an average of two hours per website per month only, including updating lines and making minor changes to a sentence or paragraph. It does not include updating replacing nearly all the text from a page with new text, major page reconstruction, new pages, new features, booking systems and social media streams, specialist plugins, guest books, timetables and event systems,adding products to e-commerce systems or discussion webs, navigation structure changes, and errors caused by attempted updates by clients. Repairs or web design projects delivered to the client via diskette. This list is not exhaustive and any additional work required other than Minor Updates is subject to quotation.
The period of 1 month for site maintenance minor updates begins on the first day of each month from the date the client’s web design site has been published to client's hosting service or 30 days from the date of order which ever comes first.
If the client's web design package includes database access using Active Server Pages (ASP), then very minor page code changes will be accepted under this maintenance plan, major page code and/or database structural changes will be charged at current hourly rates subject to a separate written order from the client.
Website maintenance is only available to clients who use “WWS Webservices” hosting services.
Annual Maintenance packages are subject to separate agreements.
Electronic Commerce Laws:
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend “WWS Webservices” and its employees and subcontractors from any claim, suit, penalty, lax or tariff arising from the client's exercise of internet electronic commerce.
“WWS Webservices” does not warrant that the functions contained in the web design project or hosting will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will “WWS Webservices” be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor's computer or Internet software, even if “WWS Webservices” has been advised of the possibility of such damages.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (In accordance with the Data Protection Act 1998).
o We may collect information about you for 2 reasons; firstly, to process your order and second, to provide you with the best possible service.
o We will give you the chance to refuse any marketing email from us or from another associated trader in the future.
o The type of information we may collect about you includes:
• your name
• phone number
• email address
• credit/debit card details
o We will never collect sensitive information about you without your explicit consent.
o The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.
o If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
o We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening.
The information collected in this way can be used to identify you unless you modify your browser settings.
o If you have any questions/comments about privacy, you should email us.
Acceptance of Conditions:
The placing of an order will confirm acceptance of the aforementioned conditions. Conditions stipulated on Order Forms shall be regarded as void, if they are in conflict with our conditions. “WWS Webservices” reserves the right upon notice to the Client to introduce and revise its terms and conditions and/or charges.
In the event any one or more of the provisions of this Agreement and/or Order Form shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order Form shall be unimpaired and the Agreement and/or Order Form shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
Any other Services which may be offered from time to time may be subject to separate terms and conditions which will be made available at the time by request. These terms and conditions are in intrinsic part of any proposal made by WWS Webservices and as such by accepting any proposal made by us you also accept these terms and conditions.
TERMS OF SERVICE
“WWS Webservices” provides World Wide Web page hosting. “WWS Webservices” reserves the right to suspend or cancel a customer's access to any or all services provided by “WWS Webservices” when “WWS Webservices” decides that the account has been inappropriately used or otherwise.
Personal accounts are to be used by the primary owner only. Personal account holders are not permitted resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of “WWS Webservices”
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
UNLIMITED USE POLICY
High bandwidth usage: “WWS Webservices” offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, “WWS Webservices” may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, “WWS Webservices” reserves the right to impose the High Resource User Policy for the consideration of all customers.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
“WWS Webservices” may implement the following policy to its sole discretion:
When a website is found to be monopolising the resources available “WWS Webservices” reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our providers servers. Customers may be offered an option whereby “WWS Webservices” continues hosting the website for an additional fee.
Customer agrees that it shall defend, indemnify, save and hold “WWS Webservices” harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against “WWS Webservices”, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless “WWS Webservices” against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with “WWS Webservices” server provider; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to the customer from “WWS Webservices” server provider.
“WWS Webservices” will not be responsible for any damages your business may suffer. “WWS Webservices” makes no warranties of any kind, expressed or implied for services we provide. “WWS Webservices” disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by “WWS Webservices” and its employees. “WWS Webservices” reserves the right to revise its policies at any time. Terms and conditions are subject to change from time to time without notice and will be published on our website, current terms and conditions shall always take precedence. You should check for changes regularly or ask for a current copy of our terms and conditions.
These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England.