Terms and
Conditions
Webbenefit
e solutions Limited
Terms
& Conditions of Service
This
agreement is between you and us.
All
clients are accepted in accordance with the following conditions unless
expressly excluded or varied by agreement. Webbenefit e solutions accepts no
responsibility for errors or misunderstandings on details supplied by the
client completed by the client.
1. Definitions
In this Agreement the words ‘we’, ‘us’
and ‘our’ means Webbenefit e solutions. The Lodge, Alcester Road, Warwickshire
CV37 9DF. The words ‘you’, ‘your’ and ‘yours’ refer to the person who entered
into this agreement with us.
2. Personal Details
1. These terms and conditions apply to
all services supplied by we of Webbenefit e solutions to you the customer named
on the Design Specification Document. The Design Specification document and
these conditions form the only legally binding agreement between us and are
concluded by our delivery of service to you, or when we receive notification
from you in writing that you no longer require our service.
2. Information provided in Design
specification Document is valid for28 days unless otherwise stated.
3. Payment
1. You are required to pay a deposit
when the Design Specification is agreed upon and the document is signed. This
will not be refunded under any circumstances.
2. Invoices are to be paid in sterling
by any of the following methods:
* Cheque
* Through PayPal
* BACS transfer
* Credit/debit card
3. Payment due within 14 days of
invoice date.
4. Other charges
1. If you live outside a 25-mile
radius of the above address we have the right to request travel expenses.
5. Delivery
1. Delivery of services is dependent
upon the client paying the invoice in full. Delivery of services will be
withheld if the full amount is not paid.
6. Cancellation of Services
1. You are entitled without giving
reason to cancel your Design order provided you do so within 28 days of the
first consultation and within 10 days of the Design Specification Document being
signed.
2. Outside this time scale you will be
charged a consultation fee of £25 per hour for the work done up to that point.
Deposits are non- refundable.
3. With regards to renewal of fees,
the full amount is due within the stated invoice date. If the full amount is
not paid it will be understood that the service is no longer required and said
service will be terminated. We reserve the right to charge a consultation fee
of £25 per hour to re-instate any service, which has been terminated due to
non-payment.
7. Intellectual Property / Copyright
1. All intellectual property rights
remain with us unless a separate agreement is entered into.
2. All images, source code and designs
remain property of us unless a separate agreement is entered into.
8. Responsibility
1. We are not legally responsible for
any loss of earnings or loss of data as a result of use of the
application/services we provide.
2. We are not legally responsible for
any damage, defacement or loss of data due to hacking, virus’s, unsolicited
email or power outages.
3. We reserve the right to contact any
authority if we are concerned about anything that is found or discussed during
a design/consultation process.
4. We are not liable to you or any of
your customers for any financial loss due to credit card fraud.
9. Limitation of liability
1. This provision does not affect your
statutory rights nor does it limit our liability for death, personal injury or
fraudulent misrepresentation resulting from our negligence.
2. We will have no other liability
except as set out above and in particular will not be liable to compensate you
for disappointment, inconvenience, loss of profits, any indirect or
consequential loss or damage whatsoever or howsoever occurring.
10. Unforeseen Circumstance
1. We shall not be liable to you for
any failure by us to supply services caused by any event or circumstances
beyond our reasonable control.
11. Application Law
1. This contract shall be governed by
and interpreted in accordance with the Laws of England and subject to the
non-exclusive jurisdiction of the English courts.
Services
provided with Webbenefit e solutionshosting packages
Introduction
These
terms detail the provision of service that a third party can expect when
receiving a hosting service from Webbenefit e solutionsDesign (WES). If you
have agreed any further services (such as training, graphics production etc.)
these will be covered in your specific contract.
Fault
Recovery
In the
event of a fault occurring that is NOT caused by the customer, WES will make
such changes to the site to make it fully operational.
In the
event of a fault that is caused by the customer, WES will make such changes to
the site to make it fully operational. Any further changes that need to be made
to ensure the fault doesn’t reoccur will be chargeable to the customer at the WES
standard hourly rate. If the customer chooses not to have the website modified,
any further faults caused as a direct result will be charged at the WES
standard hourly rate.
WES cannot
be held responsible for any loss of data from a database or other storage
medium that occurs due to faults.
Updates
WES will
undertake minor changes to non-dynamic portions of the site (for example, front
page text) when requested by the customer.
Some
examples of minor changes:
* Minor text changes/spelling errors
* Telephone number changes
* Page title changes
* Meta-Tag information changes
Major
changes will be charged to the customer at the WES standard hourly rate.
Some
examples of major changes:
* Overall style changes affecting the whole
site (e.g. font colour/face change)
* Changes to graphical elements (e.g. Logo
changes)
* Database changes
* Addition of pages
If the
rate of site update exceeds more than 4 changes per month, on a regular basis WES
will propose a standing fee for future updates.
Any
updates that can be made through a supplied administration section are not the
responsibility of WES and, if performed by WES will be charged at the WES
standard hourly rate.
Some
examples of chargeable updates:
* Add a new range to a shopping site
* Administer orders on a shopping site
* Upload graphics for new or existing
products
* Forum administration
Domain
Names
When WES
procure a domain name on behalf of a customer, it will be WESs responsibility
to alert the customer when the domain name(s) is due for renewal. WES will only
renew a domain name with the prior agreement of the customer. WES will charge
the standard rate for the renewal plus a small administration fee.
When the
customer supplies the domain name, WES take no responsibility for the renewal
or maintenance of that name.
Not
Covered
Search
Engine Submission
Unless
specifically agreed upon in a separate contract, WES will not submit your site
to any search engines and will not guarantee inclusion in any search engine. Although
all WES sites are designed to be fully visible to search engines, this is no
guarantee of inclusion.
Server
Errors
WES rent
hosting off a third party company and as such have no direct control over their
servers. However, WES use a high quality companies for their hosting who are
contracted (to WES) to do all in their power to keep the web servers running.
All servers are backed up daily and uninterruptible power supplies back up
mains power in the event of power loss.
Non
Payment
In the
event of non-payment of a hosting fee, WES reserve the right to remove the
hosted website from public view. The website will be removed on the first day
of a non-payment period and will only be reinstated when the hosting fee has
been paid.
WES charge
for hosting on a yearly contract basis, in advance and will always alert
customers at least 14 days in advance of a pending fee. If WES fail to alert a
customer of an impending hosting fee 14 days in advance, in the event of
non-payment, the website will be removed one month after WES alert the
customer.
Repair and
Maintenance
WES can,
at any time suspend a customers website for repair or maintenance. For many
small issues it has been proven to be far quicker to rectify the fault without
alerting the customer in advance.
Hosted
website terms and conditions
1. Webbenefit e solutionsDesign will not be
liable for any loss or damage arising out of or in connection with the use of
any hosted website
2. Webbenefit e solutionsDesign reserve the
right to remove in part or in entirety any website or part of website that
contravenes any law or measure of good taste. Examples of non-acceptable
content include:
* Pirated software or other media
* Hacking programs or archives
* Warez
* Pornography
* Spamming software
3. Defamatory speech delivered over the
internet can result in civil liability for the defamer
4. You must not modify or change any code
hosted on a Webbenefit e solutionsDesign package to operate in connection with
any Spam or other unsolicited email
5. Webbenefit e solutionsdesign will not be
liable for any shortcomings of customer equipment which may cause services or
websites provided by Webbenefit e solutionsDesign to be inaccessible by the
customer or any third party
6. Webbenefit e solutionsDesign accepts no
liability for the acts or omissions of third party telecommunications or
Internet Services providers for faults or failures of their apparatus
7. Unless specifically agreed employees of Webbenefit
e solutionsDesign will not attend a customers premises under any circumstance
8. Websites hosted by Webbenefit e solutionsDesign
may contain links to third party websites that are controlled and maintained by
others. Webbenefit e solutionsDesign are not responsible in any way for such
sites
9. Webbenefit e solutionsDesign cannot
accept any responsibility for any interruption of service or loss of data due
to server issues
10. All content designed by Webbenefit e
solutionsDesign and Hosted in a Webbenefit e solutionsDesign hosting package,
remains copyright Webbenefit e solutionsDesign unless specifically agreed in
advance with the customer. All content supplied by the customer or a third
party remains copyright of the originator
11. Webbenefit e solutionsDesign cannot
accept any liability for any problem arising through customers failure to keep
any usernames or passwords generated safe from third parties
12. You may cancel your web hosting at any
time before your next billing cycle and you will not be billed for the next
period
13. Webbenefit e solutionsDesign reserve the
right to use the customer website for promotion of the business of Webbenefit e
solutionsDesign unless otherwise directed by the customer
14. Webbenefit e solutionsDesign do not offer
any kind of money back guarantee
15. These Terms and Conditions shall be
governed by and construed in accordance with the law of England and you hereby
submit to the exclusive jurisdiction of the English courts
16. Neither party is liable for any breach of
this Agreement which is caused by a matter beyond its reasonable control
including Acts of God, fire, lightening, explosion, war, disorder, flood,
industrial disputes, extremely severe weather or acts of local or central
Government or other competent authorities
17. Failure to comply with any of the terms
and conditions will result in immediate termination of the website. Any work
required to return the website to an operational condition will be charged at
the Webbenefit e solutionsDesign standard hourly rate
Portfolio
| About Us | Services | Contact Us | Ethical Policy | Links | Home
All
content ©2007 Webbenefit e solutions l limited
n
Terms
& Conditions Privacy Policy
Company
Details:
Webbenefit
e solutions
Company
No- 6711791
Registered
in England & Wales
2 Shottery
Brook, Timothy’s Bridge Road Stratford upon Avon, Warwickshire CV37 9NR