Last updated 28 Jan 2016
These terms and conditions cover:
- The following terms and conditions are between you ‘the customer’ and me, the website ‘developer’.
- The term ‘developer’ refers to Joanna Craig Website Design Limited.
- These terms cover both direct Joanna Craig customers and any third party customers serviced through another source.
- The term ‘hosting facilitator’ and or ‘host’ refers to the company providing your website hosting facilities
The developer reserves the right to revise its policies at any time. The most up to date policy will always be visible on the Terms and Conditions page on my website – www.joannacraig.co.uk/terms.htm. The developer reserves the right, at its absolute discretion, to make changes to any part of the Website or these Terms. When these Terms are amended the developer will publish details of the amendments on the Website. Your continued use of the Website is taken as your agreement to be bound by these Terms as amended.
Any work requested will be quoted for and details provided to you in a written document. A request for any new work will cover the work requested only. Any additional work requested that is beyond the scope of the original quote will be additionally chargeable at £35.00 per hour. Upon completion and acceptance by you, the websites/products will be considered defect free and complete.
The quote includes one face to face consultation at the start of the project and ongoing phone / e-mail consultancy. Additional time spent on onsite visits will be charged at standard £35.00 p/h consultancy time + £15.00 per hour travelling time. If you have ordered a CMS based website, you have an optional face to face training session which you may book at an agreed time and location convenient for both parties.
Cancellation for any work on websites/products must be received in writing, at which point payment for all work completed up to that time will be immediately billable.
Website and product content
– Any supplied websites/products are not for sale, lease or hire to any third party except with written permission of the developer. – The developer will accept no liability for damage, loss or injury arising through use, non-use or misuse of any websites/product or service.
– It is the responsibility of the customer to address any copyright issues on all images and text supplied by them to the website developers for the production of websites/products. The developer does not accept liability for any breach of copyright as a result of images and text supplied by customer or sourced for customer.
– All text content to be added to a website should be provided in digital format eg Word document via email or Dropbox. If any hard copies or paper based copies are provided, then additional fees will apply for typing.
– All proprietary designs and copyrights remain the intellectual property of the developer. The customer is provided the exclusive rights to use any websites/products provided.
– The backup of all website content, including but not limited to the following – web pages, images, files, databases – is the responsibility of the customer. The developer will provide access so you can arrange back ups when requested.
-The developer shall after having completed the testing and correction procedure in relation to the web development and design work, obtain from you a written acknowledgement of acceptance and thereafter the Services shall be deemed complete and defect free. For the avoidance of doubt, if you do not provide the developer with a written acknowledgement of acceptance within 14 days from the date in which the Company has delivered the Services to you, you shall be deemed to have acknowledged acceptance of the Services as if you had notified the Company in writing. Any changes, amendments, updates and/or editing required from this point on will be considered to be additional, chargeable services.
Third Party Software
You acknowledge that Third Party Software is supplied to you in accordance with the Third Party’s Standard Licence terms and you agree to be bound by such terms.
Open Source Software, Modules and Plugins
This applies to any websites developed that include open source software such as WordPress and CMSMadeSimple. The developer cannot be held responsible for any issues that arise from the use of the core files. Any bugs, security flaws and compatibility issues that arise from the core software are out of my control and this includes any future releases of the systems, themes and plugins.
Payments terms, unless stated in individual quotes are 14 days from date of invoice. Late payment on any web related products may result in a temporary suspension of full web hosting / mail services until settlement of account. You will be billed once the developer has completed the website build and even if the customer has yet to provide the website content.
The developer will respect the privacy of customer data and operations at all times, both during and after completion of the project.
All goods and services including the website/product will remain the property of the developer until full and complete payment has been received on all outstanding balances.
All websites will have a small link to Joanna Craig Website Design website at the base of each page. As part of our Services when acting on your behalf in relation to web development and design we may include links to other active websites designed by the developer. The developer accepts no responsibility or liability arising in respect of any content of such website link. In addition, the developer and host are not responsible for any form of transmission received from any linked site. The inclusion of any link does not imply endorsement by the Website. In the event that you wish not to be linked to a particular site it is your responsibility to notify the developer in writing
Search Engine Optimisation
Every attempt will be made by the developer to achieve the highest possible ranking in search engines with the information as supplied to us at the time of the site going live. However we cannot ultimately be held responsible for this as it is often dependent on a combination of elements, which we do not have complete control over, e.g. links to your website from other websites. We will offer guidance on these and work with you to achieve the best results.
By signing these terms and conditions you are giving permission to us to send you information about special offers and news from time to time by email. We will not give your details out to third party organizations and you may unsubscribe from this at any time.
Ownership and Use of the Services
- You may only use the Services for lawful purposes and not for any purpose that is unlawful or prohibited by these Terms; in particular you may not use the Services:
to transmit defamatory, offensive or abusive material or material of an obscene or menacing character; or
- in breach of copyright or other intellectual property rights
- you agree not to disclose passwords relating to your Website and / or Email accounts to any other person. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account
- In order to obtain access to your account where applicable, the developer shall provide you with the necessary username and password. It is your responsibility to change the password regularly. You agree that your password will contain numbers and symbols in order to prevent unauthorised use of your account. This information must be kept confidential and is for your use only.
- you agree to notify the developer immediately of any unauthorised use of your account or any other breach of security. The host will not be liable for any loss that you or any other person may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by a third party due to someone else using your account and/or password. You may not use anyone else’s account at any time, without the permission of the account holder
- you may not use the Services to transmit any material (including viruses) which is likely to cause harm to any other computer systems and/or servers.
- You may cancel the hosting service at any time giving one month’s notice in writing.
Hosting and Email
- Customers of the Services must be over 18 years of age.
- The hosting service provided will be a Linux/Apache server including MYSQL databases and PHP5.
- This service does not include any spam filtering as standard and therefore this is the responsibility of the customer
- Your use of the Services is at your sole risk. The hosting facilitator and/or developer are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the server.
- Your use of the server for website and e-mail services is at your sole risk. The hosting facilitator is not responsible for loss of business or information due to server connection being unavailable
- The hosting facilitator reserves the right to change the host for the Website to the server of another third party if the hosting facilitator considers it appropriate to do so in its absolute discretion and without further notice to you.
- The customer agrees and acknowledges it is their responsibility to install and maintain and keep up to date anti-virus and/or anti-spam software on any computer that you may use to link to the host’s server.
- The hosting facilitator monitors the server as a whole but does not monitor individual mailboxes. On the rare occasions where there may be a problem with specific mailbox data, it is the user’s (mailbox owner) responsibility to notify the developer. The host cannot guarantee to restore data and shall not accept any liability for the loss of any such data.
- In addition to the aggregate account storage capacity, each mailbox and public folder also has its own storage limit. When the storage capacity is reached on an individual mailbox or folder, servers shall stop sending or receiving messages. The developer and host shall not be responsible for the unavailability of the Services or data loss caused by any mailbox or folder due to excess of storage capacity.
- The developer may suspend some or all of the services in order to carry out scheduled or emergency repairs or maintenance.
- These services are provided to the customer only and the services may not be resold to a third party.
- The host shall provide you with a web-based account management via a control panel, which shall be included as part of the Services.
- It may be necessary to increase the hosting charges in subsequent years. You will be notified of this in advance and by signing this you agree to any future change in fees
- The hosting facilitator provides you with hosting through its sub-contractors.
High Resource User Policy
In the event that you use excessive quantities of Resources the host reserves the right to suspend the Services to you immediately. This policy shall be implemented in extreme circumstances and it is intended to prevent the misuse of the Services. You may be offered an option whereby the hosting facilitator continues to supply the Services to you under reduced usage criteria, specified by the hosting facilitator at its absolute discretion. Failure to comply with such measures may result in the Services to you being terminated.
(For the purpose of this clause “Resources” means bandwidth, processor utilization or disk space.)
Suspension or removal of Services: The host reserves the right to suspend your account or remove your account from the server at any time if it becomes aware of a breach of these Terms. In the event of your account being removed or suspended because you have breached these Terms you shall not be entitled to any refund.
For every 1 gig of bandwidth used in excess of the first 2 gigs, a fee of £3.00 per month will be applicable to annual hosting fees.
The host and/or developer shall at its sole discretion provide you with telephone and/or onsite technical support in relation to the Services. In the event that the fault in relation to the provision of Services is due to your actions or omissions, you agree and acknowledge that you shall be liable to the developer for the related charges in connection with the time spent in providing you with technical support. The current hourly rate for technical support is £60.00 onsite and £40.00 per hour telephone support.
For the purpose of this clause your “actions or omissions” shall mean any and all faults, defects and/or any problem whatsoever occurring to your computer and/or resulting from the exchange of information in your computer that prevents the performance of the Services (e.g. misconfigured firewalls) including but not limited to the use of third party ISPs (the list is non-exhaustive).
Technical support shall not be provided to users of Apple Macintosh, Linux or any other non-windows computer system.
We do not offer IT support in the event of computer issues in setting up email accounts.
– The host will supply these Services at all times and carry out its obligations with reasonable skill and care as far, as is technically practical. You recognise that it is technically impossible to supply uninterrupted Services at all times and that some short periods of unavailability will inevitably occur.
– Information provided by the Company is published in good faith and updated regularly, but we cannot guarantee its completeness or accuracy.
– The developer and/or host does not accept any liability to you or any third party for any error or omission its Services.
– The host endeavours to provide the Services at all times, but it cannot warrant the availability due to factors beyond its control defined below as Force Majeure
– The developer and host gives no warranty as to the quality of or accuracy of the Services.
– The host and developer do not warrant the Services will be uninterrupted, error free or that any information or other material accessible from them are free of viruses or other harmful components.
– The developer and host accept no liability in contract, tort or otherwise including negligence for:
a. inability to gain access to the Services as a result of routine or emergency maintenance on the system or excessive demand for the Services; b. loss of data including both data transmitted and other data held by you; c. delay or failure in transmitting or receiving material; and d.indirect or consequential losses whatsoever arising out of or in connection with the use or performance of software, documents, provision of or failure to provide the Services, or information available from the Services, including loss of revenue, business, anticipated savings or profits.
If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.
If there is any conflict between these Terms and any other written agreement between you and the developer and/or hosting facilitator then the latter shall prevail.
Events beyond our control
The developer and host will not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control. For the purposes of this clause a Force Majeure event means any circumstance or event not reasonably foreseeable at the date of this agreement including but without limitation strikes, computer viruses and/or faults, lack of supply of services from the developer and host’s providers, civil commotion, riot, war, act of terrorism, fire, explosion, storm, flood, earthquake or other natural disaster.
These Terms shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts.