Definition of our terminology as used within this document:
1. A 'Project' is any work undertaken or service provided by Website Facility for the Client on their request and as described in our confirmation order email to that Client.
2. A 'Client' is a person, persons, business or organisation using any of the services provided by Website Facility.
3. 'Live Mode' means the date the website is available on the Client’s chosen domain.
4. 'Domain' is the website address as specified by the Client.
5. 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
6. 'Hosting' is a yearly cost to keep a client’s website activated online.
7. 'Content' is both text and images that the Client requires on the website.
8. 'mb' stands for megabytes and is a measure of storage space.
Website Facility Terms & Conditions
1. The contract between Website Facility 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.
2. The works to be carried out shall be as set out in the Website Facility confirmation order email.
3. Email will be the method of contact with regard to all communication. Although Website Facility 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. Website Facility cannot be held liable in any way relating to communication issues if we are not supplied with a valid email address. Website Facility will acknowledge all emails within 3 working days.
4. Website Facility 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.
5. It is important for the Client to keep in contact with Website Facility 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 contact attempts the Project may be terminated.
6. Where images used on the website have been purchased by Website Facility on behalf of the Client, these images are strictly for use on the website only. Website Facility is 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.
7. Website Facility 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, Website Facilitywill endeavour to provide a reliable and professional service to the Client at all times but does not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control. All hosting plans must be carried out for a minimum of 12 months.
8. Website Facility 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 Website Facility.
9. Where asked to provide search engine optimisation for a Client, Website Facility does not guarantee any specific placement or high ranking on search engines.
10. Website Facility will provide the Client with an expected completion date for the Project (live on the internet) if requested. Website Facility will endeavour to meet any given deadline, but does not guarantee and is not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Website Facility is purely an estimate.
11. It is the Client’s responsibility to check with Website Facility whether Open Source Software is being used or not.
12. 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 Website Facility or the Client.
13. Website Facility owns all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by Website Facility for the Client, unless the images have been supplied by the Client.
14. 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 Website Facility, they will be the sole responsibility of the Client.
15. Domain names will be registered by Website Facility and also registered to the Website Facility current address for 12 months. Although the Domain names are registered to Website Facility, the Client is the legal owner of the Domain and if they request to have details changed or the Domain transferred elsewhere, Website Facility will do this within a reasonable timeframe.
16. It is the responsibility of the Client to renew their Domain names when due. If a Domain name expires, Website Facility cannot be held liable for this. However, Website Facility will make reasonable effort to contact the Client regarding Domain renewal.
17. When a Client renews Hosting with Website Facility, 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 after 12 months, their Domain name could be made available to the public for purchase and Website Facility cannot be held liable for this.
18. Renewal of Hosting and domain names are due on a yearly basis. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if Website Facility cannot contact the Client or the Client requests Website Facility not to host this site.
19. The Hosting renewal charge must be received within 3 days of the Hosting expiry date. Website Facility reserves the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an administration fee set by Website Facility for reactivating the website/Hosting.
20. If the Client does not use Website Facility Hosting services, then the management and hosting of the Domain name are the full responsibility of the Client.
21. Website Facility will provide 1 year’s free hosting providing the Client makes payment.
22. Website Facility has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based content of our Clients’ web sites constitute Website Facility’s endorsement or approval of the website or of the material contained within the website. Website Facilityhas not verified any of the materials, images or information contained within our Clients’ websites and is not responsible for the content or performance of these sites or for the Clients’ transactions with them. Website Facility provides links or references to our Clients’ 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’s site at all times.
23. Website Facility is 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.
24. If a Domain name is purchased by the Client through a company other than Website Facility, the Client has full responsibility for making sure that the Domain name is renewed when due. Website Facility will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Website Facility.
25. Website Facility makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website by certain persons or in certain countries may not be legal. If this website is accessed from outside of the United Kingdom, it is done at the visitor’s 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.
26. Website Facility reserves the right to charge between a 30% - 50% deposit in order to proceed with a Client’s project. Alternatively payment may be taken in milestones depending on the size of the project. All deposits and milestones are non refundable unless otherwise agreed.
27. Website Facility reserves the right to freeze any other service held within our company if an outstanding debt is owed. During the 'freeze' period, any other work carried out by Website Facility may be frozen and any domains or hosting accounts held by Website Facility for the client may not be transferred or removed untill the outstanding debt is settled.
28. Website Facility reserves the right to refuse work that we consider to be of an inappropriate nature. If the project has begun, and the client has not been clear about the content, the client may forfeit any deposit paid.
29. When purchasing or subscribing to a service, you are obliged to pay upon request. Consequently if you do pay for the service, we will seek to recover any outstanding payments due to us by other means, including by taking appropriate legal action or debt recovery services.
30. Once a website goes into 'live mode', the client will receive 7 days free support and bug fixes on their website. Once the 7 day period has passed, further web related services to the clients website will be charged at our hourly rate of £15 unless a maintenance plan has been agreed.
31. The term 'Unlimited revisions' refers to our revision sheet system. The client is entitled to 3 rounds of revisions sheets upon which they are permitted to request unlimited revisions. Any revisions not written on revision sheets cannot be carried out.
32. Once your website goes live all website support will be managed through our online ticket system unless a maintenance plan has been agreed. We aim to reply to all support tickets within 24 hours.
33. Website Facility will not be liable to pay any third party invoices on behalf of the client.
