WEB DESIGN
WEB DEVELOPMENT
GRAPHIC/PRINT DESIGN
Terms and Conditions. Privacy Policy.
Submission of work to Didcot Web Studio or DWS, payment of an advance fee or deposit is taken as your acceptance and agreement to these Terms and Conditions. Signing up through our Website for Domain and/or Hosting products is also taken as your acceptance of these Terms and Conditions.
Charges for services to be provided by DWS are defined in the project quotation that the customer receives via e-mail. Quotations are valid for a period of 14 days. DWS reserves the right to alter or decline to provide a service after this period of time. We may amend our quotation at any time prior to acceptance. Acceptance of a Quotation is signified by the payment of either 50% deposit or payment in full.
All services require an advance payment of a minimum of 50% of the quoted fee prior to commencement. Any service with a value under £500 requires full up front payment prior to commencement. The remaining 50% is due upon completion of the project. Payment is required before any files/imagery will be released to the client. Our standard payment terms are 7 days.
All payments will be received by DWS prior to upload of projects to the server or release of materials. Charges for web design work does not cover the release of source files, if the Customer requires these items then a further charge will apply.
DWS will provide the Customer with an opportunity to review the appearance and content during the initial design phase and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies DWS otherwise within 7 days of the date the materials are made available to the Customer.
The Customer agrees to delegate a single individual as first-point-of-call to aid DWS with completing the project in a satisfactory and time efficient manner. DWS primary communication method is by email. The Customer agrees to provide at least one valid email address that can be used to contact the Customer.
During the project, DWS will require the Customer to provide content and images (in electronic format). If content is not provided within 7 days from the original email request then the Customer is considered to be in default of the project. The project will be terminated and the Customer sent a final invoice for immediate payment. DWS will agree, at its discretion, to recommence the project after agreement is reached on a new quotation and once the original fees have been paid.
DWS will contact you at various times during the project if for any reason we do not receive a reply from the Client we will attempt further contact once per day, for three days. If for any reason we do not receive a reply within 7 days of our last contact attempt the project will be terminated and the Customer sent a final invoice for immediate payment. DWS will agree, at its discretion, to recommence the project after agreement is reached on a new quotation and once the original fees have been paid.
DWS will provide invoices upon completion of the work for Web Design and any associated services. Invoices are normally sent via email. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be incur a service charge of £25 per week until the account is paid in full.
Accounts unpaid 14 days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on DWSs Web space, DWS will, at its discretion, remove all such material from its web space. DWS is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customers account. Cheques returned for insufficient funds will be levied with a return charge of 50 and the Customers account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay DWS reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by DWS in enforcing these Terms and Conditions.
Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Customer will be invoiced for all work completed to the date of first notice of cancellation for payment in full within 7 days.
The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grant DWS the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting DWS permission and rights for use of the same and agrees to indemnify and hold harmless DWS from any and all claims resulting from the Customers negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Customer to DWS that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. DWS retains the copyright to any and all code used in providing a service.
Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Customer in electronic format (via cd, dvd, e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by DWS to return to the Customer any images or printed material provided for use in creation of the Customers website, such return cannot be guaranteed.
A link to DWS will appear in either 10px type or by a small graphic (50px by 50px) at the bottom of the Customers website. If a graphic is used, it will be designed to fit in with the overall site design. The Customer agrees to allow DWS to reference projects completed on behalf of the customer within DWSs portfolio. A charge of £50 is levied if a Customer wants the link removed.
If the Customers website is to be installed on a third-party server, DWS must be granted temporary read/write access to the Customers storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
DWS cannot accept responsibility for any alterations caused by a third party occurring to the Customers pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
DWS may purchase domain names on behalf of the Customer. Payment and renewal of those domain names is the responsibility of the Customer. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of DWS. DWS shall not be liable for any loss, claim, lost revenue, or otherwise be accountable, should we be unable to process the requested domain name. Should we be unable to process a domain name registration request we will either provide a refund or provide an alternative domain name. DWS shall accept no responsibility for the loss of domain name(s) due to the customers failure to respond to our notification of renewal or failure to pay invoices for renewal. DWS reserves the right to withhold or prevent the release of domain name(s) should the client default on their account. All services remain under the control of DWS until the account is paid in full. DWS will impose a charge of 250.00 to release a domain name to another IPS tag.
DWS´s full Hosting Terms and Conditions are listed here. In summary DWS´s Hosting accounts are only for use to save legimate website content. DWS reserves the right to refuse service and / or access to its servers without explanation and does not allow any of the following content to be stored on its servers: Illegal Material, Copyright violation, Warez or any type of script or material associated with Warez activities, Adult Material the designation of adult material is at the discretion of DWS. DWS reserves the right to suspend or cancel a customers access without warning or notice and without refund to any or all services provided by DWS when DWS decides that the account has been inappropriately used or used for any of the listed activities. DWS will also notify domestic and/or international law enforcement agencies where deemed necessary.
The customer is responsible for undertaking any data back up programs, database, web files or other digital material.
Deposits and Fees charged on a prepay basis are non-refundable.
Customer agrees that it shall defend, indemnify, save and hold DWS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against DWS, 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 the customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless DWS against liabilities arising out of any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement and defective products sold to customer from DWSs server. DWS cannot guarantee and do not accept responsibility for lost email, online orders, bookings, and so forth from their web site.
DWS will not be responsible for any damages your business may suffer. DWS makes no warranties of any kind, expressed or implied for services we provide. DWS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by DWS and its employees. DWS reserves the right to revise its policies at any time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Customers signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Signing up online to DWSs Domain and Hosting service is an acceptance of our terms and conditions.
This Agreement shall be governed by English Law.
DWS may agree to waive any part or all of these Term and Conditions at any time. This will be at DWS´s sole discretion and is not guaranteed or offered.
You indicate acceptance of these terms and conditions of service by placing an order with DWS. These terms and conditions will not be varied for individual customers.
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;
1.1.2 "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.1.3 "COMPANYNAME" means Didcot Web Studi or DWS
1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by DWS in connection with the provision of the Services;
1.1.7 "the Services" means web hosting, domain name registration, email and any other services or facilities provided by DWS.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer programme that copies itself or is copied to other storage media, including without l imitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user´s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at http://www.didcotwebstudio.co.uk.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2.1 The Customer wishes to provide DWS with data that will be hosted on DWS´s servers and made accessible via the Internet.
2.2 DWS provides web hosting services and has agreed to host the Customer´s data upon the following terms and conditions.
3.1 DWS shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to DWS the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or DWS ("the Customer Software), in a format specified by DWS.
4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) and direct debits
4.2 DWS do not accept cheques, bank transfers, postal orders, cash or any other form of payment other than those outlined in 4.1
4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
4.4 DWS shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 DWS do not provide credit facilities.
4.6 From time to time DWS may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 DWS provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please raise a support ticket at http://www.didcotwebstudio.co.uk/support within 30 days of placing your order for a full refund. This guarantee excludes domain names which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
4.9 Should your chosen payment method fail DWS will attempt to settle your invoice using any other payment facilities available on your account.
4.10 All services will renew until cancelled by the customer. DWS emails the customers primary email address prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.
5.1 DWS shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where DWS changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
6.1 If the Customer requires use of software owned by or licensed to DWS ("DWS´s software") in order to use the Services, DWS grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use DWS Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in DWS Software.
6.2 In relation to DWS´s obligations under this Agreement in connection with the provision of the Services, the Customer grants to DWS a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to DWS any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense DWS Software.
6.4 DWS may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, DWS shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
7.1 DWS shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, DWS makes no warranties or representations that the Service will be uninterrupted or error-free and DWS shall not, in any event, be liable for interruptions of Service or downtime of the server.
7.2 DWS carries out data backups for use by DWS in the event of systems failure. DWS do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly DWS accepts no responsibility for data loss or corruption.
8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of DWS´s network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, DWS is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 DWS shall be entitled to withdraw the Services and terminate the Customer´s account without notice.
All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform DWS and the password will be changed.
10.1 The Customer warrants and represents to DWS that DWS´s use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to DWS as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, DWS shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
The Customer agrees to indemnify and hold DWS and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against DWS arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12.1 Nothing in these terms and conditions shall exclude or limit DWS´s liability for death or personal injury resulting from DWS´s negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of DWS to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall DWS be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or DWS had been made aware of the possibility of the Customer incurring such a loss.
13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
13.2 DWS shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customers account will be deleted.
14.1 DWS may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without DWS´s prior written consent.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it DWS will provide a full refund for that domain name.
20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.
DWS are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid.
DWS communicates with it´s customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.
Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.
Mail boxes not accessed for 100 days or more will be deleted from the system.
A complete Version of these Terms and Conditions can be supplied via email in .doc or .txt formar upon request
