Web Services Terms and Conditions of Business
STANDARD TERMS AND CONDITIONS FOR WEBSITE SERVICES
Definition of our terminology as used within this document:
1. A ‘Project’ is any work undertaken or service provided by Energy Brand Design Agency 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 Energy Brand Design Agency.
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 clients 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.
Energy Brand Design Agency Terms & Conditions
1. The contract between Energy Brand Design Agency 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 Energy Brand Design Agency confirmation order email.
3. Email will be the method of contact with regard to all communication. Although Energy Brand Design Agency 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. Energy Brand Design Agency can not be held liable in any way relating to communication issues if we are not supplied a valid email address. Energy Brand Design Agency will acknowledge all emails within 3 working days.
4. Energy Brand Design Agency will only commence work on a Project after the agreed deposit has been received from the Client.
5. The deposit paid to Energy Brand Design Agency covers the cost of design work carried out as well as any admin work and communication with Energy Brand Design Agency. The deposit is non refundable.
6.Energy Brand Design Agency 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.
7. It is important for the Client to keep in contact with Energy Brand Design Agency 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 attempts of contact the Project may be terminated, and the deposit will not be refunded.
8. Where images used on the website have been purchased by Energy Brand Design Agency on behalf of the Client, these images are strictly for use on the website only. Energy Brand Design Agency are 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.
9. Energy Brand Design Agency 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, Energy Brand Design Agency will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
10. All hosting offered by Energy Brand Design Agency is limited to 200mb of website space unless otherwise stated in a separate contract. If your site requires more than 200mb of space we will advise of other hosting solutions.
11. Energy Brand Design Agency 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 Energy Brand Design Agency.
12. Where asked to provide search engine optimisation for a Client, Energy Brand Design Agency do not guarantee any specific placement or high ranking on search engines.
13. Energy Brand Design Agency will provide the Client with an expected completion date for the Project (live on the internet) if requested. Energy Brand Design Agency will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Energy Brand Design Agency is purely an estimate.
14. It is the Client’s responsibility to check with Energy Brand Design Agency whether Open Source Software is being used or not.
15. 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 Energy Brand Design Agency or the Client.
16. Energy Brand Design Agency own 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 Energy Brand Design Agency for the Client, unless the images have been supplied by the Client. Images purchased by Energy Brand Design Agency are licensed only for use on the client website and are limited to no more than 20 images dependent on the size of the project. Item 16 is subject to item 15.
17. 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 Energy Brand Design Agency, they will be the sole responsibility of the Client.
18. Domain names will be registered by Energy Brand Design Agency and also registered to the Energy Brand Design Agency current address. Although the domain names are registered to Energy Brand Design Agency , the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Energy Brand Design Agency will do this within a reasonable timeframe.
19. A domain name will be registered by Energy Brand Design Agency on behalf of the client once we have received the agreed deposit.
20. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Energy Brand Design Agency can not be held liable for this. However, Energy Brand Design Agency will make reasonable effort to contact the Client regarding domain renewal.
21. When a Client renews Hosting with Energy Brand Design Agency , 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, their domain name could be made available to the public for purchase and Energy Brand Design Agency can not be held liable for this.
22. Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the Client. The Hosting will not be renewed if Energy Brand Design Agency cannot contact the Client or the Client requests for Energy Brand Design Agency to not host this site. This will also affect the domain as per item 22.
23. The Hosting renewal charge must be received within 10 days of the Hosting expiry date. Energy Brand Design Agency reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Energy Brand Design Agency for reactivating the website/Hosting.
24. If the Client does not use Energy Brand Design Agency Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
25. Should a Client wish to move Hosting away from Energy Brand Design Agency or transfer a Domain name away from Energy Brand Design Agency, a £100 admin charge will be issued, which must be paid before the transfer takes place.
26. Energy Brand Design Agency has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client’s web sites constitute Energy Brand Design Agency endorsement, or approval of the website or the material contained within the website. Energy Brand Design Agency has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. Energy Brand Design Agency provides links or references to our Client’s 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 site at all times.
27. Energy Brand Design Agency are 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.