Terms and Conditions
1.
CONTRACT
1.1
The contract between Xpertweb 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.
CONTACT METHOD
2.1
Email will be the method of contact with regard to
all communication for the website design & development.
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. Xpertweb cannot be held liable in
any way relating to communication issues if we are not
supplied a valid email address. Xpertweb will
acknowledge all emails within 3 working days.
2.2
If a customer's conduct via telephone is considered
unreasonable we will insist on email communication only.
Xpertweb reserve the right to cancel a contract should
customer contact be in breach of our anti-harassment
policy (*). Calls made to our office and mobiles are
monitored and recorded.
3.
HOSTING
3.1
The Client shall pay Xpertweb a yearly fee of £30
for hosting the Web Site.
3.2
All fees payable by the Client to Xpertweb shall be
paid in full, without set off or deduction.
Xpertweb reserves the right to suspend or
terminate hosting services if fees are not paid on or
before the due date.
3.3
If the Client does not use Xpertweb hosting
services, then the management and hosting of the domain
name are the full responsibility of the Client.
3.4
Should the Client wish to transfer their website
hosting away from Xpertweb, a £30 admin charge will be
issued, which must be paid before the transfer takes
place.
4.
DOMAIN NAMES
4.1
Domain names will be registered by Xpertweb and also
registered to Xpertweb current address. Although the
domain names are registered to Xpertweb, the Client is
the legal owner of the domain and if they request to
have details changed or the domain transferred
elsewhere, Xpertweb will do this within a reasonable
timeframe.
4.2
It is the responsibility of the Client to renew
their domain names when due. If a domain name expires,
Xpertweb cannot be held liable for this. However,
Xpertweb will make reasonable effort to contact the
Client regarding domain renewal.
4.3
If the Client does not use Xpertweb to register the
domain name, then the management of the domain name will
be the full responsibility of the Client.
4.4
Should the Client wish to transfer a domain name
away from Xpertweb, a £30 admin charge will be issued,
which must be paid before the transfer takes place.
5.
SEARCH ENGINE OPTIMISATION (SEO)
5.1
Where asked to provide search engine optimisation
for a Client, Xpertweb do not guarantee any specific
placement or high ranking on search engines.
5.2
Xpertweb do not take any responsibility for the
Client’s website rank on search engines. Every effort
will be made to achieve the best possible ranking for
any specified keyword or phrase, but Xpertweb shall not
be held accountable for circumstances beyond our
control, such as search engine algorithm shifting,
search engine flux or other anomalies.
6.
PAYMENT
6.1
The Client shall make a non-refundable Preliminary
Payment of £100 by way of deposit prior to the
commencement of provision of the Services.
No work shall begin until the Preliminary Payment
is received by Xpertweb.
6.2
The remainder of the Quoted Price shall be payable
on completion.
6.3
Xpertweb and the Client agree that costs incurred by
Xpertweb through services that are supplementary or
incidental to the performance of the Services that are
not included in the Project Proposal shall be paid in
arrears by the Client to Xpertweb.
Xpertweb shall not use such services without the
prior consent of the Client.
6.4
Xpertweb reserves the right to suspend provision of
the Services in the event that any amounts due from the
Client are not paid on time.
Provision of the Services shall resume upon
receipt of cleared funds amounting to all amounts due by
Xpertweb.
Xpertweb shall not be liable for any project delays
occasioned by the Client’s failure to make required
payments on time.
6.5
The Client shall pay all required sums upon receipt
of invoices for the same.
In the event that invoices remain unpaid for 7
days after invoice due date, the amount due will be
subject to a £20 late fee.
6.6
All payments must be made by the Client before the
invoice due date, unless agreed otherwise by Xpertweb.
If an invoice remains unpaid after 14 days, Xpertweb
reserves the right to close any website associated with
the Customer. If an invoice remains unpaid after 28
days, Xpertweb reserves the right to remove access to
any email facilities. If an invoice remains unpaid after
60 days, Xpertweb may begin legal proceedings to reclaim
all costs.
6.7
If any project is postponed or cancelled after the
initial design is complete, all work shall continue to
be invoiced in full and completed according to the
Customers’ continuation date.
7.
OWNERSHIP OF SITE MATERIALS
7.1
Xpertweb shall retain legal ownership of all Site
Materials created by them under this Agreement until all
charges are paid in full by the Client.
Upon receipt by Xpertweb of all sums due, legal
ownership shall be immediately assigned to the Client.
7.2
The Client shall retain ownership of all Site
Materials owned by them prior to entering into this
Agreement.
No property shall be assigned to Xpertweb by the Client
at any time.
8.
INTELLECTUAL PROPERTY
8.1
All Site Materials provided by the Client and the
copyright, design rights and trademarks therein shall
remain the property of the Client.
Xpertweb shall use such Site Materials under
licence for the sole purpose of providing the Services
to the Client.
8.2
The Client warrants that they have obtained all
relevant permissions and rights for the use of any Site
Material that they provide that are owned by, or were
otherwise created by, a third party.
8.3
The Client agrees to fully indemnify and hold
Xpertweb free from any and all claims for intellectual
property infringement that may arise out of the Client’s
failure to obtain the required permissions and rights
for the use of any Site Material provided.
9.
IMAGES
9.1
Where images used on the website have been purchased
by Xpertweb on behalf of the Client, these images are
strictly for use on the website only. Xpertweb 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.
10.
OPEN SOURCE SOFTWARE
10.1
It is the Client’s responsibility to check with Xpertweb
whether Open Source Software is being used or not.
10.2
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
Xpertweb or the Client.
11.
SUB-CONTRACTING
11.1
Xpertweb reserve the right to employ any individual,
company or firm to carry out work relating to any
project.
12.
TIME
12.1
Xpertweb and the Client hereby agree that time shall not
be of the essence.
Xpertweb shall provide a completion time in the
Project Proposal but shall not be responsible for any
project over-runs, irrespective of the cause.
13.
PUBLICITY
13.1
Xpertweb shall place a text link on the footer of the
Clients website that simply states the website was
designed by Xpertweb and links to our company website.
14.
QUOTATIONS AND COSTS
14.1
Our quotes are valid for 21 days.
14.2 Our hourly rate for updates and maintenance is £20.00
p/hr. Any work outside an agreed list of deliverables,
in the absence of a quote or due to author's changes is
charged at this rate.
14.3
Our hourly rate for basic text updates is £10.00 p/hr.
15.
FORCE MAJEURE
15.1
Neither Xpertweb or the Client to this Agreement shall
be liable for any failure or delay in performing their
obligations where such failure or delay results from any
cause that is beyond the reasonable control Xpertweb or
the Client.
Such causes include, but are not limited to, power
failure, Internet Service Provider failure, industrial
action, civil unrest, fire, flood, storms, earthquakes,
acts of terrorism, acts of war, governmental action or
any other event that is beyond the control of Xpertweb
or the Client.
16.
LAW AND JURISDICTION
16.1
This Agreement shall be governed by the laws of England
and Wales.
16.2
Any dispute between the Parties relating to this
Agreement shall be fall within the jurisdiction of the
courts of England and Wales.
17.
TERMS AND CONDITIONS
17.1
We reserve
the right to alter these terms and conditions at any
time and it is your obligation to check if changes have
been made. All changes will be available to view both by
request and online at
http://www.xpertweb.co.uk/tcs/
(*) Xpertweb will not tolerate any form of harassment
against its employees from customers or third parties
and we reserve the right to cancel a contract without
refund in the event of unreasonable or inappropriate
conduct. This includes threatening behaviour and abuse
directed towards our employees thereafter any further
communication must be via postal mail only.
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