Web Design, Preston, Lancashire
Terms and Conditions
Definitions
"The Company" shall be defined as Whitefuz Arts Limited located at 126 Parker Street Preston, Lancashire PR2 2AJ, United Kingdom and shall include any other related trading styles.
"The Client" shall be defined as the person or company with whom goods and services are to be supplied to.
"Goods and/or Services" shall be known to be any item which the company supplies to any of its clients for which it is agreed that charges may or may not be applicable, without limitation this includes administrative charges, consultancy fees, server hosting, sub-contractual charges, advance service charges and outside registration fees.
Trading Terms & Conditions
Invoices & Payment
All invoices raised by the company shall become due for payment to be received 14 (fourteen) days following the date of invoice unless consent is expressly given in writing to the client for an extension of this period or terms of any account facility between the company and the client expressly state.
Bills will be deemed delinquent and assessed a £25 charge if payment is not received within 14 (fourteen) days after the due date. If an amount remains delinquent 28 (twenty eight) days after its due date, an additional 20% penalty will be added for each month of delinquency. Whitefuz Arts Ltd reserves the right to remove websites from viewing on the internet until final payment is made.
Furthermore, at the Company's sole discretion a Statutory Demand under Section 123 (1)(a) or 222(1)(a) of the Insolvency Act 1986 may be issued for non-payment for Goods and/or Services delivered.
If this remedy does not satisfactorily resolve any non-payment then a "Winding Up Order" may be issued in accordance with the relevant Acts of Parliament such as the Insolvency Act 1986, the Insolvency Rules 1986, Council Regulations (EC) No. 1346/2000 ('the EC Regulation') and the Companies Act 1985.
Any external service or supply of goods bought on behalf of the client, for or related to the provided service shall be passed through to the client at full cost.
The company shall pass on any charges for use of its credit facilities with its own suppliers, credit card charges, packing, shipping and other handling of items to the client and will be detailed as such on the invoice. The company reserves the right to charge a handling fee for any handling of items as set out in 2(iii).Late Payment Charges
The company reserves the right to pass on any excess charges it receives for late payment of invoices for services or goods supplied to the client including any interest charges from banks or other financial institutions.Credit Facilities
By default, the company does not provide monthly credit facilities to customers other than the 14 day payment period of an invoice. The company may, at its discretion, offer such facilities at a later date and reserves the right to apply to any number of external credit reference agencies for information before approving any facility and may carry out regular subsequent checks and if appropriate, suspend or withdraw any given facility and make demand for full settlement of any outstanding balance.Completion Date
The company and the client must work together to complete the project in a timely manner. We agree to work expeditiously to complete the project.
The client is responsible for supplying the company with complete text and the necessary items and graphics that are not developed by the company for the web pages in a timely matter.
The client has 28 days within the date of this contract to supply all information necessary to complete the website. If after 42 days the company has still not received the information necessary to complete the project, then the client is in breach of contract and shall lose 100% of the full deposited amount.Data Integrity & Liability
Under normal contractual service circumstances, the company provides no warranty or accepts any liability for any data either lost or damaged which is stored on any of the company's or client's equipment. It is the responsibility of the client to keep security copies of information.
The company may provide a chargeable service to its clients whereby security copies of information will be made to recordable compact discs / DVD's which may be stored by the company or sent to the client to be stored at his/her premises or any other such third party appointed by the client.Copyright & Ownership to Website & Domain
Copyright to the finished assembled work of a website produced by the company belongs solely and exclusively to the client upon final payment of this contract.
The company is assigned rights to the use and the ownership of the website, design, graphics, and text contained in the finished assembled website and print templates.
Rights to photos, graphics, source code, work-up files, and computer programs are specifically transferred to the client, and remain the property of their respective owners.
Any licensed software not developed by the company (such as CGI, Pearl, PHP scripts) may be owned by another software company that has granted the company the right to initiate it into the client’s website, and does not grant the client ownership of the script.
The company and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios, unless otherwise specified by the client.
The client retains ownership of the domain name(s) bought through the company after the invoice is paid in full.
The company reserves the right to withhold property such as domain names and copyright ownership if the client is in debt to the company.Limitation of Liability
In no event shall the company be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, if the company has not previously been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.Copyrights and Trademarks
The client represents to the company and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the company for inclusion in the 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 the company and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that they are solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend the company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.Client and Third Party Site Modifications
The company is not responsible for any changes made to the site by any other party, or an authorized agent. If the client or an agent other than the company attempts updating the client's pages, time to repair web pages will be assessed at the hourly rate of £35, and is not included as part of the updating time.Formation of Contract
By default, the company shall deem that a contract for any form of service is in effect when asked to carry out any work for the client. The company may require written confirmation of any work to be carried out. The company may provide a written quotation subject to acceptance by the client at the request of the client. The company reserves the right to vary the quotation at any time should the client make changes to any requirements of work to be carried out.Refund Policy
The client may halt work and request for a refund within 7 days of the date of this contract by mailing a certified letter to the Director of Whitefuz Arts Ltd, 126 Parker Street Preston, Lancashire PR2 2AJ. If at any time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate of £35, which could result in higher fees than the quote prices given.Withdrawal of Service
The company has the absolute right to withdraw its services and cancel any contracts with the client at any given time. The company shall issue notice of such action in writing.Privacy Policy
The Company operates a closed policy on publicity and distribution of information and will not at any time divulge your name, address, telephone number, account details or electronic mail address to any non-legal third party and will only divulge your information to any legal establishment where it is deemed to be in the best interests and operation of the company.Loss of Service
The company accepts no liability for any loss of service, unavailability of files, damage to data, misuse of equipment by 3 rd parties, failure of any externally managed equipment or communications devices or other services deemed to be beyond the company's control.Reselling of Services
Those forming an agreement as a reseller are additionally bound to the following. Any violation of these additional terms will result in immediate termination of your account. At any time, the re-selling of any services is permitted to only one client who shall be the end of the chain, no sub-selling is permitted. Your clients may not contact us directly, either by e-mail, telephone, fax or any other method. The company reserves the right to refuse to answer any questions from your clients. The company will at all times advertise it's own products and services at it's own price scales to any person contacting the company. In the eventuality of non-payment of invoices for any product or service, the company reserves the right to force total suspension of your services and your client's services until such time as any monies are paid. The suspension shall not be lifted until payment is confirmed. In the case of cheques, this may not occur until the cheque becomes cleared funds in our account.Title of Goods
Title of goods (including documentation, electronic or otherwise) shall not pass from the company to client until such time as any outstanding monies are paid in full or disputes resolved.Disputes
At all times in any disputes, the company's decision is final and will not be subject to outside adjudication by other parties.Law
These terms and conditions are formed under the laws of the United Kingdom and any legal claim shall be made in a court or via the legal system of the United Kingdom.Changes to Terms
The Company at all times reserves the right to change the terms and conditions set out herein this document without prior written notice to any of its clients and any subsequent changes will become applicable immediately. No claims will be entered into which may not have been applicable in previous revisions of this document which are subsequently made provision for. Any claims by any client will only be acceptable on grounds outside the current revision of this document. The Company will at all times where reasonably possible make available for viewing its terms and conditions through its corporate website.
Client Website Hosting Terms & Conditions
- The web hosting account will automatically be suspended if you reach the limits for either bandwidth usage or disk space. To avoid this you will receive an email informing you that you are approaching the account limits. You can then decide whether or not to purchase additional bandwidth or disk space (please see additional costs below).
- All web hosting accounts are set up on a prepay basis. Although Whitefuz Arts Ltd reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year following the date the hosting account was established.
All renewal payments must be received at least 14 days in advance of the renewal date to ensure that no disruption to the service is incurred. Whitefuz Arts Ltd reserves the right to suspend this and other services until any outstanding debt is cleared. Whitefuz Arts Ltd will not be responsible for any data lost due to non-payment closure of an account. The client is responsible for all money owed on the account from the time it was established to the time that the client sends a written cancellation request.
Failure of the client to fully pay any invoice within 30 days after the applicable due date shall be deemed a material breach of these Terms and Conditions justifying suspension of the performance of the Services by Whitefuz Arts Ltd, and will be sufficient cause for immediate termination of this agreement. Whitefuz Arts Ltd may withdraw the Web Site from the World Wide Web (if hosted by or on behalf of Whitefuz Arts Ltd) forthwith in this event. Any such suspension does not relieve the client from paying past-due fees plus interest. The client shall be liable for any costs associated with such fee recovery, including, but not limited to, legal costs, court costs, and collection agency fees. - Fees charged on a prepay basis are non-refundable.
- Whitefuz Arts Ltd does not allow any account holder to engage in spamming of other web users. This applies even if the spammer uses e-mail facilities outside of their website, but pursues spamming on behalf of their website. The sending of e-mail for the purpose of sending abusive material is also strictly prohibited.
- Whitefuz Arts Ltd does not allow any of the following content to be stored on its servers:
a. Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Government or Local regulation.
b. Pornographic Material – This includes the depiction of any act of sexual intercourse, exposure of the male or female genitalia, and the depiction of minors in any way which can be construed as having a sexual theme/content. The designation of ‘adult’ or ‘pornographic material’ is left entirely to the discretion of Whitefuz Arts Ltd.
c. Abusive Material – This includes any content which is in anyway racist, sexist, homophobic, or which seeks to denigrate in any manner any ethnic or social group.
d. Warez – This 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 “link to” or “how to” information about such material. - Web Hosting Services can suffer technical breakdowns from time to time and Whitefuz Arts Ltd accepts no liability whatsoever for interruptions in the customers' website services from time to time.
- Signing the Project Website Contract will signify your acceptance of these Term and Conditions.
Additional Web Hosting Costs
Disk Space
Add more disk space
- Additional 100MB Disk Space = £16 per year
- Additional 200MB Disk Space = £30 per year
- Additional 300MB Disk Space = £44 per year
- Additional 400MB Disk Space = £58 per year
- Additional 500MB Disk Space = £72 per year
Bandwidth
Increase your available bandwidth
- Additional 1GB Bandwidth = £16 per year
- Additional 2GB Bandwidth = £30 per year
- Additional 3GB Bandwidth = £44 per year
- Additional 4GB Bandwidth = £58 per year
- Additional 5GB Bandwidth = £72 per year