Terms and Conditions of Trade between Web-Design UK and all Customers
This document describes the terms and conditions that any customer must agree to when purchasing from Web-Design UK.
This document, and all agreements between Web-Design UK and any other party will be governed by English law and we will be regulated by English Courts.
The "customer" means any person who orders a product from Web-Design UK and includes anyone who completes an electronic order form requesting a product from Web-Design UK. This extends to cover web site orders, domain name registrations and consultancy. Any customer must be able make the appropriate decision to purchase any product with a legal basis for doing so, including but not limited to being aged over 18 (or have the consent of a parent), being the person empowered within the respective organisation for doing so and not being barred by any other means.
"We" and "us" refer to Web-Design UK. Web-Design UK is a business that is wholly owned by the sole proprietor, Matthew Baker, and is not affiliated to any other organisation. It extends to cover any persons who we choose to appoint as working for Web-Design UK. Web-Design UK is a member of the UK Web Design Association. There is no affiliation with any other businesses or organisations.
"Service" refers to any product or service provided by Web-Design UK independent of the amount if any of fees paid for the service or product.
"Provide" means deliver to the end user "the customer" by Web-Design UK or any other means where Web-Design UK may or may not be the originator or manufacturer of the product or service. Web-Design UK may subcontract or use any other company, individual or organisation at any time to deliver the product or service to the customer and the customer will be required to accept all terms and conditions from the service provider chosen by Web-Design UK.
This document along with all other material produced by Web-Design UK may be revised, updated, removed or modified at any time without notice.
"Registering" extends to cover ordering a registration via completing an order (either by telephone, fax, E-Mail, web site or other communication)
A "name" or "domain name" includes any top-level domain name such as domain.co.uk or domain.com offered for sale at any time in the past, present or future by Web-Design UK.
When registering a domain name, or purchasing any service from Web-Design UK, the customer agrees to the following conditions in addition to the above:
1) That they are legally and morally entitled to use the specified domain name or other product;
2) There is no civil or criminal objection to the name or use of the product;
3) They will not re-sell without permission any of the products;
4) They will not re-brand or otherwise remove the copyright, trademarks, credits or other messages from Web-Design UK or any other organisation;
5) That the information they provide is correct and true to the best of their knowledge;
6) That they will notify Web-Design UK when any of the information changes;
7) That they are operating with the full consent of the parents if aged under 18, or that they have full consent and are empowered to do so by the organisation for which they are registering a name;
8) That the domain name and any other services will be used for a legal and moral purpose in the country for which the product is aimed at use within, and that it meets any internationally-accepted agreements / requirements, this includes Web Sites that are capable of being displayed in more than one country;
9) That the domain name and any services provided by Web-Design UK will be used solely for content appropriate to all age groups, opinions, race, religion or other group and does not discriminate or contain any offensive content (which includes racist, sexist, illegal, pornographic, adult, defamatory or any other definition that we choose to use at any time.)
10) As far as possible within law, where necessary, the product may differ slightly from that shown on the order form or web site, but will be of an equal or greater value than that agreed and will still be suitable for the purpose in which it was intended and be of acceptable merchantable quality in our opinion.
11) The customer agrees to send all payment for any service they request from Web-Design UK within 28 days from receipt of the product, service or invoice whichever occurs sooner. Full payment must be received in either cheque, cash, or other acceptable cleared funds in UK Sterling.
12) Web-Design UK will endeavour to confirm that the customer is entitled to trade with us and that the customer is allowed to order any product including domain name registrations prior to actioning the order. However, we cannot be held responsible if the transaction has been fraudulently commenced by the customer without our knowledge. To the best of our knowledge the transaction occurs in good faith.
13) When requesting, ordering, purchasing, or otherwise procuring a web site service from Web-Design UK, all material given to Web-Design UK will be original and not subject to any dispute or other problems, legal or civil and the customer agrees that this situation is not likely to occur in the future, (and has not occurred in the past) to the best of the customerís knowledge. Any material given to Web-Design UK may be published on the internet.
14) For hosting, domain name registrations and all related services except web site design and promotion, Web-Design UK is a reseller of Fasthosts Internet Ltd. The customer acknowledges this and agrees to all of the terms and conditions imposed by Fasthosts Internet, Nominet UK, Network Solutions / TuCows and its associated service providers.
Web-Design UK may refuse sale to any individual person, company or other organisation at any time for any reason.
Web-Design UK and any of its suppliers (this includes any domain name registration companies / organisations that Web-Design UK chooses to use to provide services) may remove, terminate, suspend or otherwise modify the service at any time without reason provided that there is a justifiable reason for doing so. This includes a breach of any of the above terms and conditions as well as any other action that Web-Design UK or its suppliers or any other organisation or individual decides requires it.
Web-Design UK may withdraw any special promotional offer at any time for any reason.
The customer agrees that Web-Design UK may use any of the details that the customer passes to us for marketing reasons.
Any persons referred to in content given to Web-Design UK by the customer such as photographs or other media has the consent of the associated persons referred to in the media for internet publication.
When content has been agreed by the customer and/or given to Web-Design UK by the customer, in any dispute regarding the content of the web site, domain name, or other service provided by Web-Design UK, the customer agrees to indemnify as far as possible Web-Design UK and to accept all responsibility for the web site content.
Web-Design UK does not accept any responsibility for any action beyond its control that may affect the customerís services. This includes act of God, or other social, political or technological problem. The customer agrees to arrange any required insurance or other actions necessary to cover problems that may occur and not to hold Web-Design UK responsible. Web-Design UK is insured for public liability up to £1,000,000 and professional indemnity issues up to the value of £250,000.
The customer will notify Web-Design UK of any issue relating to the above if and as soon as they occur.
Hosting is the storage of the files and any services needed to run the customer's web site. These may or may not be accessible from the internet. Web-Design UK recommends hosting all services for The Customer's web site(s) and will provide this as an option to the customer. If the customer does not require hosting, they must inform Web-Design UK before asking the web site to go live and also provide us with a medium to store the web site on within a reasonable time at Web-Design UK's discretion. The hosting will start from the date the customer agrees that the web site can "go live" on the internet, whether or not on the client's domain name. A domain name of the customer's choice will be included free of charge and will be renewed while the customer continues to be a hosting customer. The payment is required in advance for the year with a reduction of one month's hosting cost ie. 1/12 of the total annual fee as an incentive to pay annually. Customer can pay annually, monthly or quarterly or any other period the customer chooses at Web-Design UK's sole discretion. Hosting includes the full E-Mail services, (except SMTP unless on Fasthosts Dial ISP), FTP and storage of the customer's web site HTML (or associated) files only. These must only be required for the web site and are capable of being displayed in a web site browser. We reserve the right to modify, remove or disable access to (or delete) any files the customer stores if the files breach our or any of our ISP's terms and conditions or other agreement, or for any other reasonable purpose. There is no bandwidth restriction but Web-Design UK reserves the right to disable any web site which is adversely affecting the other sites on our ISP; or if Web-Design UK (or any of our ISP's / associated companies) feel a customer is using an unreasonable amount of bandwidth or services. This may be done without warning at any time. Hosting for domain names on our ultimateoffer.com service is only for non-profit making web sites at Web-Design UK's discretion. All hosting packages include the renewal of the domain name and all associated services provided that the customer confirms this with us at the end of each year of registration. Should payment not be received the service may be disabled within 30 days and all content removed without notice. The service is not guaranteed to be available 100% of the time. There will be a requirement for our ISPs to make upgrades resulting in temporary periods of service loss. This will occur without warning at any time but will be for the shortest possible time and of reasonable duration. A refund may be given at Web-Design UK's discretion if the interruption to service lasts over 24 hours and will be pro-rata, or credited hosting time at Web-Design UK's discretion. There is no guarantee of E-Mail or any other service security. None of the products/services provided by Web-Design UK should be used for mission critical purposes. Web-Design UK may stop any or all services at any time for any reason, should the interruption be permanent, a refund or other reimbursement will be given.
Web-Design UK may refuse sale to any individual, person or party for any reason.
Full support in the form of E-Mail will be provided with all packages and Web-Design UK will respond as soon as reasonable. Where possible, telephone support will normally provided during reasonable hours. This may be to an 0870 or geographic number for which all costs are incurred by The Customer. The availability of telephone support is not guaranteed."
Our web sites and web sites we produce for customers may contain third party links to sites that are not operated or hosted by Web-Design UK or by you, the customer, or any of our associated companies. We are not responsible for the content of any third party linked site, nor for the content provided to us by you, the customer.
The customer agrees to check all material supplied to Web-Design UK for copyright infringement or other legal issues, as well as suitability for publication by Web-Design UK on the internet and agrees to indemnify Web-Design UK from any liability associated with their content. It will not be Web-Design UK's responsibility to check that this has been completed.
Like most organisations/ISPs we and Fasthosts Internet Ltd. may use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of visits / clicks to analyze trends, administer the site, track userís movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. All of this information may be disclosed to clients of Web-Design UK but will not be personally identifiable.
This agreement cannot be assigned or transferred to any other individual or organisation. It remains in agreement whilst we provide services to the Customer.
Web-Design UK - 1, Fullands Avenue, Taunton. TA1 3DE
Director: Matthew E Baker.
Tel/Fax: 01823 254211 E-mail: email@example.com
© Web-Design UK, 2002-03. All Rights Reserved.
VAT Registration No.: 753 1363 44.