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Small Business & Home Computer

Fortuneswell, PORTLAND Dorset

KWilkie Computer Services

MEMBER

Website Terms and Conditions

Standard Terms and Conditions – Website Design

In these terms and conditions, references to “we” and “us” are to KWILKIE COMPUTER SERVICES. By using services provided by KWILKIE COMPUTER SERVICES, you are entering into a contract with us. The terms below set out our obligations to you and what you are agreeing to.

WEBSITE DESIGN AGREEMENT

IMPORTANT NOTICE: These terms and conditions for services supplied by KWILKIE COMPUTER SERVICES (including services provided by third parties) set out the agreement between you and us under which we will provide you with web design, hosting, email and/or other services. It is in your interest to read them carefully. If there is anything that you do not understand then please contact us.

Definition of our terminology as used within this document:

1. A ‘Project’ is any work undertaken or service provided by KWILKIE COMPUTER SERVICES for the client on their request and as described in our confirmation order email to that Client.

2. ‘You’ or ‘Client,’ is a person, persons, business or organization using any of the services provided by KWILKIE COMPUTER SERVICES

3. ‘We’ or ‘us’, means KWILKIE COMPUTER SERVICES

4. ‘Domain’ is the website address as specified by the client.

5. ‘Hosting’ is a yearly cost to keep a client’s website activated online.

6. ‘Content’ is both text and images that the client requires on the website.

7. ‘mb’ stands for megabytes and is a measure of storage space.

Contract

1. This contract is made between KWILKIE COMPUTER SERVICES (“us/we”) and the company, firm, partnership or   individual ordering web design and/or other service (“you/your”).

2. No variation of the terms of this contract however notified will be effective unless accepted by us in writing (including email).

3. If any of the information you give us changes (e.g. name, address, telephone number, payment details), you must inform us promptly. 

Website design

1. You acknowledge that in providing a web design service, we are not providing consultancy or any other advice in regard to the information that you may choose to place on your web site.

2. ALL websites require 80% paid upfront as a deposit before work on your site begins. Deposits are non-refundable. The remaining 20% MUST BE paid before the agreed website going live.

3. If you cancel an order for web design you will be required to pay us for any work undertaken up until the point of cancellation if the value of work undertaken exceeds the deposit paid.

4. The customer at his/her sole decision may terminate the agreement. If the termination notice is received in writing within 7 days from the date of deposit received, the development will be stopped immediately. However, 50% of the deposit will be kept as cost of service. If termination notice is received later than 7 days and between the design demonstrations, the deposit will not be refunded. However the development will be stopped and the unfinished or raw work can be provided to the client if required. Any termination notice after the design demonstration will stop further development, however the payment in full need to be paid at the default rate of £40 per hour.

Termination

KWILKIE COMPUTER SERVICES may terminate the contract if the client demands unlawful elements during the development or if client demands beyond agreed or being bullied by the client or any kind of harassment both financially and technically by the client.

KWILKIE COMPUTER SERVICES believes that, every problem can be solved with proper discussion and documentation. Therefore, all the requirement and instruction from the client must be in electronic format (email or word document).

KWILKIE COMPUTER SERVICES may not accept verbal instruction. Any refund should follow the above-mentioned principle and at our discretion.

Third party expenses:

Third party expenses such as SSL certification, Domain & Hosting (for licensed packages), Merchant account fee, third party website and application fee such as EBay, Amazon, Gumtree, PayPal, Google PPC etc are not included in any service of KWILKIE COMPUTER SERVICES. The client maintains third party expenses. KWILKIE COMPUTER SERVICES may offer assistance only if client authorises us to maintain those expenses on behalf of them and the amount required to maintain the service is paid in advance to KWILKIE COMPUTER SERVICES

1. You acknowledge that you are responsible for all content included on your site. You are responsible for the material that you or anyone else puts on your website(s). All websites must be for legitimate purposes and material including links from your website(s) to other websites must be lawful.

2. You are responsible for ensuring that all necessary licences and consents (including those from owners of copyright, performing rights and other intellectual property rights) have been obtained, and you agree to indemnify us against any action commenced against us by any party as a result of infringement of any licences, consents or other rights.

3. Allocated web space is for use by you only and cannot be used by a third party.

4. You must ensure that all usernames and passwords provided by us are kept confidential, secure and are used in accordance with relevant instructions. If you suspect that any password is being, or is likely to be, used in an unauthorised manner or if you think that any username or password has become known by someone not authorised to use it, you must notify us immediately.

5. Due to repairs, planned maintenance, upgrades or any other operational reason we may need to temporarily suspend the service. In this event, we will endeavour to provide you with as much notice as possible.

6. We offer annually renewable packages of hosting and updating service agreements which can be purchased as part of a package or separately. These include hosting, content updating and search engine submissions.

7. These packages are quoted for either on application or at time of quoting for a full project.

8. Hosting, support and updating services are annually renewable, package start dates are based on when the package or domain name is first registered and when the website goes live.

Domain names

1. We will register domain names with the internet registration authorities and will pay registration and rental fees on your behalf.

2. Domain names are registered on a first come first served basis. Until you receive confirmation from us, there is no guarantee that your request has been successful. We accept no liability for unsuccessful domain name requests.

3. Charges for domain registrations are non refundable once a domain name has been registered.

4. For all domain name registrations you are entering into a contract with one or more registration authorities and their terms and conditions apply.

5. A domain name is registered for a minimum period of 1 year, after which time it will need to be repurchased. We will contact you in advance of the renewal date to inform you if you wish to renew before it expires.

6. You acknowledge that any dispute arising out of the use of any domain name will be resolved by the registration authorities.

7. Domain names will be registered to us unless otherwise specified at the time of purchase.

Payment & charges

1. We will begin charging you from the first day of the month following that in which the service is provided and available for you to use.

2. You have to pay our charges by the due date stated on our invoice. Non payment (or persistent late payment) of our legitimate charges may result in suspension or termination of your account without prior notice. You will still be liable for charges during any period of suspension.

3. If payment is not made by the due date, we may suspend or cancel the service and may forward the debt to an external agency for collection.

Termination

1. You may terminate this contract by giving us notice at any time. Termination will be effective from the last day of the period for which you have already paid or the last day of any other agreed minimum period if later and you are liable to pay all charges up to the effective date of termination. If you wish us to terminate the contract part way through a period for which you have already paid, no refund will be given for the remainder of the pre-paid period.

2. Either of us can end this contract immediately on notice if the other: (a) commits a material breach of this contract, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so; (b) commits a material breach of this contract which cannot be remedied; (c) is repeatedly in breach of this contract; or (d) is the subject of bankruptcy or insolvency proceedings, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of their assets, or they go into liquidation.

3. We can end this contract with immediate effect if we have previously terminated your use of any service due to your breach of any terms of this contract, including non-payment or persistent late payment of invoice charges.

Matters beyond our reasonable control

If we cannot do what we have promised in this contract because of something beyond our reasonable control, we will not be liable for this. If this continues for more than 14 days, you can terminate this contract by giving us written notice.

If your site is hacked and something is posted which is not approved by either party KWILKIE COMPUTER SERVICES will not be held accountable.

Our liability to you

We have no liability (whether in negligence or otherwise) for any indirect or consequential loss, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data (including but not limited to emails) being lost or corrupted.

Changes to this contract

We may change this contract, including our charges, at any time. Any changes, will be published on our website, and we will notify you of these changes via email. Your continued use of the service constitutes acceptance of these changes. You can end this contract by giving us seven days notice if we increase our charges or change the conditions of this contract to your detriment.

Giving notice 

1. Any notice under this contract must be given in writing which may include by email

2. You are responsible for checking the mail sent to the email address provided by you as part of the service.

Waiver of rights

Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.

Third party rights

A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

The law relating to this contract

English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.

General terms

1. We are not a VAT registered company.
2. Quotes are valid for 7 days.

3. When a quote has been accepted and a developed project approved by the client the invoice must be paid within 14 days of the website going live.

4. We reserve the right to refuse to construct a website that we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.

5. The acceptance of a quote either verbally, in writing or by email shall be deemed as a contractual agreement between the client and us.

6. At project acceptance we can provide an estimated completion date, however we cannot guarantee this date as a final completion date.

7. Once a project has commenced it will be completed using the information, data, text and images provided at project commencement or during the design phase. Once the design process has been completed the project will be presented to the client who may make any changes to design and content he/she wishes.

8. All material, both text and images supplied by the client and used in the construction of the client’s web site, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.

9. All content should be supplied using Microsoft Word / Excel / Adobe PDF / Serif Page Plus, Jpegs, print to be scanned or over email or on paper handwritten.

Data protection act

We promise categorically not to divulge any information you may supply to us in confidence to any 3rd party source.

   Please also see our STANDARD TERMS AND CONDITIONS   HERE >>>