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| web design - web design business packages - search marketing - website re-design - website maintenance - web hosting |
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These terms and conditions apply to the creation by Web-Chief of any website and associated hosting and maintenance services or creation of 'other multimedia solutions' or graphic design and printing for a client - henceforth referred to as the "Client".
These terms and conditions are intended to form a binding contract between Web-Chief and the Client, which should be interpreted only under English (UK) law. Nothing in the following clauses overrides any rights that the Client has in law, other than where it is agreed in law that this is allowable.
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| Acceptance of Terms & Conditions |
| 3. By commissioning Web-Chief you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of Web-Chief. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions. Web-Chief reserves the right to make changes to this Site and to these Terms and Conditions at any time without prior notice. You should review these Terms and Conditions each time you access this Site or commission the services of Web-Chief. |
| Website Creation |
Upon receipt of confirmation of an order for a Web-Chief website, a minimum of 50% non-refundable deposit must be paid by the client before design will commence. Web-Chief reserves the right to consider an account to be in default in the event of a returned cheque. Upon receipt of the deposit, Web-Chief will undertake to do the following:
Design and create in timely fashion a website with an appropriate navigation system. Websites will be designed such that they are suitable for display at screen resolutions 800 by 600 and 1024 by 768 (or equivalent) in Internet Explorer, Mozilla Firefox, Netscape and Opera web browsers (latest versions), and running on PCs running Microsoft Windows 95 or later.
Incorporate into the website such text and pictures as are supplied in suitable form by the Client. It is the Client's responsibility to ensure that they have the necessary copyright to use any images which they supply for use on their website, and the Client indemnifies Web-Chief against any action resulting from any failure on their part in this matter. NOTE. Where pictures are supplied by Web-Chief for a website then the Client has non-exclusive use of these images which may not be used other than on the website. The customer agrees to supply Web-Chief with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
The Web-Chief copyright notice and hyperlink must remain on the footer of the designed site. The customer also agrees to Web-Chief to place websites and other designs, along with a link to the client's site on Web-Chief own website for demonstration purposes and to use any designs in its own publicity.
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| Website acceptance, ownership and cancellation |
When Web-Chief believe that they have completed a satisfactory design for the Client's website, the Client will be shown the design and asked to approve it. If the Client approves the site, or does so after subsequent agreed changes, then the website will be deemed to be accepted. The site will only be put fully live on the internet under the Client's website name once Client acceptance has been received and the final agreed design payment has been made. The date when the website is put fully live under the Client's website name is the 'go-live' date.
Web-Chief reserve the right to cancel this contract at any time without explanation or compensation, returning all materials supplied and returning any fees paid (less expenses directly incurred in registration of a website name for the Client and less a fee deemed by Web-Chief to be commensurate with the work already completed).
10. Ownership of the website remains with Web-Chief until Client acceptance has been received. Thereafter Web-Chief grants the Client non-exclusive use of design features and material not originally supplied by the Client. This use is limited to the single Internet site created by Web-Chief under this contract, and comprises solely the HTM and PHP pages created, or their equivalents, and Macromedia Flash .swf files if relevant. If a choice of design is presented, only one solution is deemed to be given by Web-Chief as fulfilling the contract. All other designs remain the property of Web-Chief, unless agreed in writing that this arrangement has been changed. |
| Rights of Access for Website Construction |
| The client agrees to allow Web-Chief all necessary access to computer systems and other locations, as required, in order to complete a website project until receiving written confirmation from the client advising otherwise, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Web-Chief access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. |
| Website Maintenance |
Web-Chief MAINTAINING WEBSITE - MINOR EDITS. Web-Chief will, at no charge, make minor edits on request to an existing website created and hosted by Web-Chief. A minor edit is one of the following:
- A change to or addition of a telephone/fax number, email address or postal address.
- A correction of a spelling mistake or other 'typo'.
- A change to opening times or equivalent features.
Web-Chief MAINTAINING WEBSITE - MAJOR EDITS. If the Client requests changes to an existing website which fall outside of the 'minor edits' defined above, Web-Chief will be entitled to raise a pre-agreed charge on a per occasion basis (which covers all changes made at one time), to be paid in advance. Web-Chief reserve the right to judge whether the scope of such a potential edit has been exceeded and actually constitutes a major site redesign. |
| Website Hosting |
Clients should note that Web-Chief use several third party hosting services, and reserve the right to change the hosting service used at will so as to provide the most reliable and cost-effective service possible.
The annual hosting fee is designed to be suitable for typical small business use. It is not suitable for any site which makes heavy use of bandwidth through use of multimedia or otherwise, or which attracts a mass market audience. Web-Chief therefore reserves the right to immediately withdraw from, or renegotiate hosting services with, any Client whose use of bandwidth or storage space is deemed by Web-Chief as inappropriate to the Web-Chief hosting service.
Web-Chief does not allow its hosting facilities to be used for illegal, immoral or distasteful websites. The Client agrees that any content introduced to the site may be inspected by Web-Chief staff without hindrance and notes that hosting may be withdrawn without notice if such content is found. The client acknowledges that they are wholly responsible for the content of their website, and the client indemnifies Web-Chief for any claims made to the client as a result of their website content.
Where Web-Chief host a domain name, email services are provided as follows unless otherwise agreed:
- up to 10 POP email addresses;
- email forwarding as required.
- maximum email storage of 30Mbytes per mailbox
- maximum individual email attachment size of approx 5MBytes
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| Default |
| An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Web-Chief shall be considered entitled to remove Web-Chief and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the customer of it's obligation to pay the due amount. Customers whose accounts become default agree to pay Web-Chief reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions. |
| Design Project Duration |
| Any indication given by Web-Chief of a design project's duration is to be considered by the customer to be estimation. Web-Chief cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Web-Chief for the initial payment or by date confirmed in writing by Web-Chief. |
| Search Engine Submission |
| Due to the infinite number of considerations that search engines use when determining a site's ranking, Web-Chief cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. |
| Rights of Refusal |
| Web-Chief will not include in its designs and websites, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Web-Chief also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Web-Chief does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Web-Chief to remove the contravention without hindrance, or penalty. Web-Chief is to be held in no way responsible for any such data being included. The customer acknowledges that Web-Chief will remove a customer's website from the Internet should the website contain any material deemed by Web-Chief to be immoral, offensive, obscene, illegal or if it is believed by Web-Chief to be used for fraudulent activities. Web-Chief will not be liable to the Client, or any other third-party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising from the removal of a client's website from the server. |
| Cancellation |
| 22. Cancellation of website design, hosting or search engine optimisation orders may be made initially by telephone contact, or e-mail, however, following this, Web-Chief will need formal notification in writing to the company's postal address. In the case of a website design, the client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Web-Chief within 14 days of such instruction being issued, will be liable for the full quoted cost of the project. Orders which include printing services can only be authorised for cancellation at the discretion of Web-Chief. |
| Limitations of Liability |
The Client should note that the internet is operated by many companies not under Web-Chief control, and that it is therefore not possible for Web-Chief to guarantee quality of service beyond using reasonable endeavours to solve Client issues.
Web-Chief can in no circumstance be responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Web-Chief responsible for any such loss or damage. Any claim against Web-Chief shall be limited to the relevant fee(s) paid by the customer in the relevant order.
Web-Chief reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Web-Chief will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Whilst every effort will be made to ensure stringent quality and error checking, Web-Chief will not be liable to the Client, or any other 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 the website, even if Web-Chief has been advised of the possibility of such damages. At no time will Web-Chief's responsibilities for accidentally including erroneous information extend beyond reasonably correcting the error.
Web-Chief shall not be liable for any failure to register or renew any website name (domain name) as requested by the Client, or for any delay in so doing which results in the loss of the domain name. Clients are advised that registration is ultimately their responsibility and that they can check status of any domain name through www.nominet.org.uk or www.internic.net/whois.html as appropriate.
Web-Chief shall not be liable for the loss or delay of any email directed to or from an email address supplied under the Web-Chief service. Clients are advised that it is their responsibility to perform regular checks that their Web-Chief email is fully operational.
Web-Chief shall not be liable for breaks in service or availability of the Client's website, except insofar as it will extend the hosting period paid for proportionately to any such break in service greater than 24 hours.
Web-Chief shall not be liable for the misuse of data of any kind associated with the website and obtained in a fraudulent or illicit manner by third parties.
These terms constitute the entire agreement between Web-Chief and the Client, notwithstanding any previous agreement be it written or oral or in any other form. Heading are indicative only, and should not be used to further define any clause. Any variations to these terms are valid only if agreed in writing and signed by a Partner of Web-Chief.
Web-Chief makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Web-Chief will not be held responsible for any and all damages resulting from products and/or services it supplies.
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| © Copyright 2005-2006 Web Chief |
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