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| 1 |
Agreement of Design
Before we commence work on your site, we will give you a quotation
in writing. Later deviations from the quoted specification may
incur extra cost but we will always inform you of the new price
before we make the changes.
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| 2 |
Safety of Items sent for Scanning
Although we try to ensure the safety of items sent for scanning,
we cannot guarantee their safe return in an undamaged state. Please
don't send us irreplaceable original artwork - our nerves can't
cope with the responsibility.
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| 3 |
Copyright Clearance
It is your responsibility to make sure you have the right to reproduce
the text and pictures supplied by you. You indemnify us against
any liabilities due to breach of copyright caused by any material
supplied by you.
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| 4 |
Ownership of the Site
Your site belongs to you once you have paid all our design fees
and you may move it to another server if you wish. However you do
not own the copyright on our design, or on any pictures or photos
supplied by us or on any software used to run your site. We also
cannot guarantee that any scripting and other software we use will
run on your new server.
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| 5 |
Testing
We will check your site thoroughly ourselves on completion. When
your site goes live, you should check that each part of it is working
to your satisfaction and that the external links go where you expected.
If you have e-commerce, it is your responsibility to put through
a test purchase within 7 days using a real credit card number to
check the system is working correctly and that you understand how
to operate it. We are not liable for any losses arising from errors
and omissions notified to us more than one month after completion,
though we will still remedy those errors and omissions free of charge.
Your attention is also drawn to Clause 20.
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| 6 |
Consultancy and advice
Our consultancy service and general advice is, by its nature, subjective.
It is up to you whether you decide to follow our ideas and suggestions.
We cannot guarantee that any of those ideas and suggestions will
increase traffic to your site, improve your ratings with search
engines or boost sales.
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| 7 |
Payment for Design Services
Payments for design services are normally due on completion. In
the case of very complex sites, stage payments may be agreed in
advance.
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| Hosting |
| 8 |
Use of Service
Your website is provided for your use only. You cannot sell space
on it to your next door neighbour, the local fish and chip shop
or anyone else.
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| 9 |
Service Provider
We currently purchase our hosting services from FastHosts. Should
we become dissatisfied with FastHosts, we reserve the right to find
a suitable alternative but we would advise you of this before moving
your site. Such a change of provider would not change your URL.
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| 10 |
Content
You may only use your site and its associated e-mail addresses
for lawful purposes and must not use them for unsolicited advertising
by e-mail, pornography, other adult content, abuse, libel, inciting
racial hatred, distributing pirated material or hacking. In addition,
none of the following may be included in your website, linked
to from your website or otherwise stored on FastHosts servers:
Illegal Material - This includes copyrighted works, commercial
audio, video, or music files, and any material in violation of
any Federal, State or Local regulation.
Adult Material - Includes all pornography, erotic images,
or otherwise lewd or obscene content. The designation of "adult
material" is left entirely to the discretion of ourselves and
FastHosts.
Warez - Includes pirated software, ROMS, emulators, phreaking,
hacking, password cracking, IP spoofing, etc., and encrypting
of any of the above.
Please note: Breaking this rule will result in your site
being immediately removed from the server and all money paid being
forfeit.
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| 11 |
Continuity of Service
We cannot guarantee a 100% continuous service for web hosting,
e-mail or site statistics and are not liable for any problems
or losses arising directly or indirectly from the failure of these
services. You can cancel the services and obtain a refund - as
set out in Clause 14.
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| 12 |
Bandwidth
We reserve the right to suspend any site whose bandwidth requirements
are so enormous that they are monopolising the available resources.
This is extremely unlikely and is only carried out in extreme circumstances.
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| 13 |
Hosting Fees
Web hosting charges are payable annually in advance. Failure to
pay web hosting charges may result in your site being removed from
the server.
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| 14 |
Cancellation
Web hosting and e-mail forwarding can be cancelled at any time by
you or by us. We will pay pro-rata refunds for unused months paid
in advance unless we are canceling because you are in breach of
paragraph 10.
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| Domain Name Registration |
| 15 |
Registration
If you ask us to register a domain name for you, we will register
it in your name (not ours). In doing this, we are acting as your
agent with the appropriate Naming Authority. The contract of registration
is between you and them and is subject to their terms and conditions
which you should read before registering. It is your responsibility
to ensure you have the right to use the name you register.
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| 16 |
Renewal
Registration is for two years unless otherwise agreed. It is your
responsibility to make sure the registration is renewed so please
keep a note of the date and make sure the registration authority
know of any change in your contact details.
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| 17 |
Registration charges
Domain name registration charges are payable within 30 days of
registration or renewal. You are liable to pay these charges even
if you decide not to ask us to design your website.
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| 18 |
Moving domain names
On request, we will retag your domain name away from our server
free of charge provided all outstanding fees to us have been paid.
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| General |
| 19 |
Indemnification
You agree that you will defend, indemnify, save and hold ourselves
and FastHosts (or any replacement service provider) harmless from
any and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against ourselves, FastHosts
(or any replacement service provider), its agents, its customers,
officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product
sold by you, your agents, employees or assigns. You agree to defend,
indemnify and hold harmless ourselves and FastHosts (or any replacement
service provider) against liabilities arising out of; (1) any
injury to person or property caused by any products sold or otherwise
distributed in connection with FastHosts' (or any replacement
service provider's) server;
(2) any material supplied by you infringing or allegedly infringing
on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from FastHosts' (or
any replacement service provider's) server.
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| 20 |
Limitation of Liability
The limit of our liability to you will be the greater of £500
or the cost of our services as charged to you in the last three
years.
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| 21 |
Legal Area
In the event of a dispute, this agreement is subject to English
law.
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| 22 |
Variations to terms and conditions
If you are not happy with these terms and conditions, we are open
to negotiation on specific items. Please contact us.
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| 23 |
Changes to terms and conditions
Unless restricted by prior agreement with you, we reserve the
right to change these terms and conditions at any time. No changes
will apply to you unless we have notified you of them in advance,
at which point you have the right to cancel if you are not in
agreement with them. (see clause 14).
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