Terms and Conditions
The following terms and conditions apply to all website development and design services provided by Desktop Solutions UK Ltd. - hereafter referred to as 'The Company' - to any person, company or organisation - hereafter referred to as 'The Client' - purchasing such services from the Company.
These Terms and Conditions supersede all previous representations, understandings or agreements.
Definitions
The Company - Desktop Solutions UK Ltd
The Client - any person, company or organisation purchasing services from the Company
The Project - the development period up until the website is made live to the general public
The Hosting Period -the annual period starting from the beginning of the month the website is made live to the general public until the end of the previous month of the following year. i.e. Twelve (12) whole months.
The CMS - the Company's website administration system i.e. the Content Management System
The Client's Website - the output of the system files as produced by a users web browser.
The Charges - charges for services to be provided by The Company are defined in the project quotation that the Client receives via e-mail prior to the commencement of the project.
General
It is not necessary for The Client to have signed an acceptance of these terms and conditions for them to apply. If The Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Development Projects
The Company may purchase domain names on behalf of the Client. Payment and renewal of those domain names will be the responsibility of the Company during the hosting period.
The Client is responsible for providing text, images and data used by the Company during the development project.
The Client agrees to reimburse The Company for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, third party services, etc.
The Company will provide the Client with a opportunities to review the appearance and content of the website during the design phase and once the overall website development project is completed. At the completion of the development project, such services will be deemed to be accepted and approved unless the Client notifies The Company to the contrary within thirty (30) days of the date from when the site goes live to the public.
The Company will make every effort to ensure websites are designed to be viewed by the majority of users.
Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.)
The Company cannot guarantee correct functionality with all browser software across different operating systems.
The Company cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released following the conclusion of the website development project.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants The Company the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party such as stock images etc.. The Client is further responsible for granting The Company permission and rights for use of the same and agrees to indemnify and hold harmless The Company from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. An agreement for website design and/or placement shall be regarded as a guarantee by the Client to The Company that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
The Company retains the copyright of all original design and to all system files including the output from dynamic and/or database driven websites. The Company retains copyright and ownership of its website administration system (Content Management System) which is not available in any form outside the scope of a hosting agreement.
A link to The Company's website will be displayed at the bottom of the Client's website.
Payment for project development services is due within 30 days of the conclusion of the project or from when the website goes live to the general public.
Hosting and Support
The hosting period will start from the beginning of the month of the conclusion of the project or from when the site goes live to the public. The hosting period is 12 months.
During the hosting period the Company will make every effort to:
- Maintain the Client's Website
- Maintain the Clients domain/s including renewal fees and record changes
- Provide Administration Tools (CMS) to enable the Client to manage the content of the Client's website
- Provide a reasonable amount of updating to the Client's website content and to any system files required to maintain the output in a normal web browser
- Provide a reasonable level of email services delivered to the Client email software, including POP3
- The Company shall provide 100mb of mailbox space for each email POP3/IMAP account
- Provide help and support with the Client's online presence
The Company is not responsible for support and maintenance of the Client's own IT systems including hardware and software. The Company, at its discretion may provide advice on the Client's own IT systems, but will not be responsible for any outages, failures, damage or loss of data caused by the Company's advice.
The Company is not responsible for providing email services from the Client's email software including SMTP services
The Company is not responsible for clearing email from the mailbox accounts provided for use by the Client.
The Company's CMS may be used for lawful purposes only. The Client agrees to indemnify and hold The Company harmless from any claims resulting from the Client's or the Client's agent's use of the Company's CMS that results in damage to the Client or any other party.
The Company cannot accept responsibility for any alterations to the website content caused by the Client or a third party acting on behalf of the Client. Such alterations include, but are not limited to additions, modifications or deletions.
Payment for the hosting period is due within 30 days of the commencement of the hosting period..
Payment is by cheque or bank transfer. Cheques should be made payable to Desktop Solutions UK Ltd. Bank details will be made available on invoices.
Invoices are normally sent via email or post.
Invoices are due within 30 days of the invoice date.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. Where the Client is considered to be in default, the Company, at its discretion, may remove all files, data and domain records from its web servers. The Company will not be held responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account.
Clients with accounts in default agree to pay The Company reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by The Company in enforcing these Terms and Conditions.
Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Hosting support will be provided up until the end of any current hosting period.
In the case of cancelled development projects The Client will be invoiced for any work completed to the date of notice of cancellation for payment.
The Company will make every effort to transfer the Client's domains the Client's requested destination. It is the Client's responsibility to provide all the necessary transfer information and to instigate transfer requests for Top Level Domains (TLDs).
The Company will not be responsible for any domain transfers or the provision of website output outside of any hosting period.
The Company, at its discretion, may provide transfer services and website output outside of a hosting period on receipt of an agreed termination fee.
The Company will claim any forward payment of domain fees should the Client fail to renew the hosting period. The outstanding payment will be calculated from the date of the termination notice to the date of expiry for each domain.
The Company, at its discretion, may make available outputted copies of The Client's website/s on receipt of an agreed fee to cover the work involved in copying and transporting the files.
Liability
The Company hereby excludes itself, its employees and or agents from all and any liability from:
The entire liability of The Company to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
- Loss or damage to the Client's business due to cessation of services and/or the domain transfer process after the date of any termination notice