Terms and Conditions
Please read these Terms and Conditions carefully as they will form a contract between us and you; your acceptance of which is agreed from the moment you sign our Website Agreement, Hosting Agreement or Support Agreement.
We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions however, please do not hesitate to contact us.
Terminology:
You – (‘the Client’)
Us – (G-Host Web Services Ltd, and hereinafter referred to as ‘the Company’)
The Project – the body of work that is being undertaken, normally consisting of several connected parts, such as consultation, graphic design, website development and/or hosting.
What do both parties agree to?
1: The Client agrees to:
- Provide the Company, within a reasonable timescale, everything that is requested from you to complete the Project including text, images and other information.
- Provide the Company with text and images in the format as stated below (see photographs and images).
- Review the Company’s work, provide feedback, and signoff approval in a timely manner.
- Make every effort to adhere to all agreed deadlines.
- Adhere to the payment schedule laid out on our prices page (Packages), or agreed separately for bespoke work.
- Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
- Provide a minimum of one months notice in writing, or by email should you wish to cancel any contract.
2: The Company agrees to:
- Carry out services in a professional and timely manner.
- Make every effort to adhere to any deadlines agreed between us and you.
- Make a reasonable number of revisions to the design, layout, colours etc, until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 2 major revisions. Additional revisions or design work outside the scope of the project will be charged separately.
- Endeavour to complete requested website revisions or updates within 48 hours, wherever possible. Revision entitlement per month is dependent on your support package – see Maintenance Packages.
- Maintain up to date skills and knowledge through regular training and research.
- Contact you before the end of the first 12 month period, to discuss the various options open to you for continuing website maintenance and support and/or hosting.
3: Website Development:
- All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touchpads. However, the Company cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors.
- The Company cannot guarantee compatibility in old or redundant browser software.
4: Payments and Contract Lengths (see section 8 for Hosting and Pay Monthly):
- All payment schedules can be found on our prices page (Packages), or will be agreed separately for bespoke work.
- The company has the right to charge the client up to 85% of the total web development costs, should the client cancel the website agreement after the design concepts have been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
- Once the site goes live any early cancellation of your standing order during the first 12 months will be deemed a break in contract. In this case you would be liable for the balance of the contract to be paid with immediate effect plus a £10 admin fee (The admin fee covers time taken to discover the cancellation, generating an invoice and posting)
- Alterations to standing order mandates to reflect new or changed contracts are the sole responsibility of the client. Over payments to the Company as a result of not updating a standing order mandate will not be reimbursed to the Client. Underpayments or missed payments, however, shall be backdated to the point at which the underpayment or missed payment was discovered and the Client shall be responsible for bringing their account up to date within a reasonable period of time.
- Contract lengths are normally 12 months unless agreed beforehand between the Client and the Company. The Company requires a minimum 30 days notice to cancel a support or hosting contract.
5: Content Management Systems:
- All packages with the exception of our Sitebuilder package will be developed using a Content Management System (CMS).
- In order to maintain compatibility between clients the company now uses the WordPress Platform exclusively as our CMS of choice. E commerce stores may use different management systems depending on the scale and complexity of the Project.
- However, in some instances, the company may build a bespoke solution, depending on the exact requirements of the Project.
- Any associated or additional fees, such as installation, setup, testing and introductory training pertaining to Content Management Systems or E commerce Management Systems are covered within your chosen package.
6: Photographs and Images:
- Any images or photographs that you supply should be in digital format, usually no smaller than 1024×768 pixels, with a suitable resolution that will allow them to be re-sized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and retouching the images. This depends entirely on the project and the number of images involved.
- Any images that the company are asked to obtain from third party photographers or stock photography will be charged as an additional cost.
- The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend the Company and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
- Evidence of ownership or permissions may be requested by the Company.
- Any customer logos supplied to be included in the site must be in a vector format (.ai, .psd, .eps). If supplied in a non-vector format, a charge may be applied to convert the file to ensure compatibility with the site.
7: The Copyright:
- After the initial 12 month period, copyright is automatically assigned as follows:
- The Client will own, or have express permission to use, the text files, images, graphics and any visual elements, video or sound bytes, that you may have sent to us to use in connection with the project.
- The company will maintain copies of all the files used in connection with your project and if you require a disc copy of all the files used in connection with your project, then the company will be happy to supply this to you. Copies of the website files are maintained by us for a reasonable time (usually at least one year), and if you are hosting with us, then files are maintained both locally and on external servers.
- The copyright to the markup, CSS files, other code that may have been used by us for you, or certain images that the company may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside. If you own the domain name, then you own the copyright.
- At the bottom of the website page(s) after payment has been completed, usually it will say Copyright and the name of your business or company. The company does however reserve the right as the Company responsible for the design and/or development to place a small and unobtrusive link at the bottom of your website, thereby not hindering or distracting from your own website design.
- As the design company, the company also reserves the right to display and link to your project as part of our portfolio, and to write about the project on other web sites, in magazine or e-zine articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you DO NOT want us to add your site to our portfolio of work.
8: Hosting, Domains and Pay Monthly Sites:
- To ensure superior levels of reliability and performance, all our clients websites are hosted on high speed, state of the art managed servers which utilise autoscaling cloud hosting which means there should be no single point of failure. Details of the exact specification of our servers are freely available to all our clients and will be given upon request.
- Any hosting charges paid will be non-refundable.
- Any domains registered on a customers name will be registered using the details provided by the customer.
- Domains are renewable every 12 months. The Company will notify the Client 1 month in advance of any domain renewal and invoice the cost 1 week before the renewal date. Domains will not be renewed automatically and will only be renewed upon receipt of payment.
- Any new Pay Monthly domain names registered will be under the ownership and control of the Company. The Client can request ownership and transfer of domains after the initial 12-month contract has been completed. A transfer fee will be applied for this and will be advised upon request.
- All domain renewals are included in your pay monthly package unless agreed otherwise.
- The Company accepts no liability for any loss of profit or website downtime caused by the expiration of domain names or other technical faults caused by any third party or domain registrar.
- All new pay monthly website accounts require the first payment in advance and a direct debit to be set up prior to work commencing. As soon as we have confirmation of setup we commence work. Direct debits take between 5-7 days before the first payment is taken however we mostly start work on confirmation of setup and not first payment.
- The Company will require for you to supply textual content to be added to your website, you may also supply images and we can also supply stock images free of charge, the number of images provided by us is limited at our discretion. All text and images submitted must be free of copyright and the Company accepts no responsibility for any infringement of copyright law arising from any text or images used on your site. We can also supply professional copywriting at an additional cost.
- Expected completion timeframe on most websites is around 5-10 days however if content is not provided this may delay completion.
- The Company reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or controversial.
- Hosting, technical maintenance, software updates and all general upkeep services shall be provided by the Company as standard and be included as part of the pay monthly fee.
- Although the Company will take extensive measures to ensure that the customer does not experience any disruption of service, we cannot accept liability for disruption of service caused by factors that lie outside of our control.
- Website amendments such as changes to text, images and contact information shall be included as part of each package as stated in the package description. These inclusive amendments are subject to fair usage. If for whatever reason the customer’s use of this clause is excessive then the Company has the right to evaluate the clients spend and amend the amount on their next billing cycle. Requests that fall outside of what is considered to be a basic amend, such as new pages, re-branding or additional functionality will be treated as a bespoke auxiliary service and will be quoted and billed as such.
- In the event that a website fault occurs as the result of amendments made by the customer, a request may be made to the Company to rectify the fault and will be quoted and billed based upon our standard agency fees.
- All website accounts are agreed on a 12 month contract, after this period a rolling monthly contract comes into effect.
- Requests for account cancellation must be done in writing by emailing gaz@g-host.co.uk. Accounts will be cancelled and direct debit agreements terminated. If your direct debit fails and payment is not received within 7 days your account will be terminated unless you have notified us of any issues and we have agreed otherwise.
- Account cancellation will result in the complete termination of the website. Your website will be held on our servers for 6 months if you decided to renew your website in the future.
- All payments to the company for the provision of pay monthly services will be processed via Pre Authorised Direct Debit apart from the initial deposit. Alternative payment methods are accepted at the sole discretion of the Company and may incur additional processing or administrative fees.
- Suspend all Services until payment has been made in full.
- If the customer’s account remains in debt for two consecutive months then a £50 late payment fee will be added to the customer’s outstanding balanceWithout prejudice to any other right or remedy that the Company may have, if the Client fails to pay the Company on the due date the Company may:
9: Liability:
- The company will not be held liable for any missed launch date or deadline, if the Client has been late in supplying materials, or has not approved or signed off work on time, at any stage.
- The company will not be held responsible or liable for any costs or issues caused by website or e-mail downtime due to problems with our third party hosting provider.
10: Confidentiality:
- The Company adheres to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.
11: Refund Policy
- If you are unhappy with any of the services you are free to cancel at any time. If you cancel within the first 30 days of sign up you are entitled to a full refund upon request emailed to gaz@g-host.co.uk.
12: General:
- A website will not launch until a direct debit or BACS payment has been set up, unless special agreement has been reached in advance.
- Additional costs for extra features and/or additional design costs, not covered by our standard packages will be agreed and invoiced before the website goes live. See our Packages page for a list of charges.
- If the Client does not respond to the Company’s request to discuss or choose ongoing support options, the client will automatically be placed on what the company feels is the most appropriate support package.
- A small admin fee is payable for switching the client to another hosting provider.
- Hosting only clients will be charged at our normal hourly rate for any further changes or updates to their website.
- There may be an additional fee for any design changes requested after the initial agreed design has been signed off.
- The Company is not responsible for writing or inputting any text copy unless this has been specified by the client.
- If you are hosting the website elsewhere, the Company cannot guarantee that the website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc.
- For pay monthly websites, if the website is to be hosted elsewhere, then you will still pay the same monthly fee as agreed.
- The company does not offer any technical support for any other web site hosting company that you may choose (if you elect not to host the website with us).
- The company cannot guarantee that the functions contained within any web page (or part of your website design), will always be error free, and therefore the company will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
- Maintenance packages will be billed monthly or quarterly in advance. 30 day written notice of cancellation is required to end a maintenance plan. Any funds already paid in advance are non-refundable.
- The company can provide generic cookie and privacy policies and a terms of use. It is the customers responsibility to ensure these are legally suitable for their specific business and the company accepts no responsibility or liability from issues arising from this information not being checked. Any other policies such as returns policies, terms and conditions etc must be supplied by the customer.
- On occasion, the company may install software to which it owns a global licence. In these instances, a yearly renewal fee may be applied and this will be advised before the software is installed.
- If a site provided by the company utilises software that the company has purchased a global licence for, if the customer decides to move to another hosting company, a final fee may be charged or the licence may be revoked.
- If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Just the same as a fine, you cannot transfer this contract to anyone else without our consent or permission.
- This contract remains in force and need not be renewed.
- The company reserves the right to refuse service without reason.
- Any domain name purchased by the company on behalf of the customer will remain the sole property of the company until all overdue invoices are paid.
- The company accept no responsibility or liability for any issues, account suspensions or criminal proceedings arising from content uploaded by the client to social media platforms that were set up on their behalf by the company. Once the social media account is set up, the client becomes solely responsible for adding content and accepts responsibility for the ongoing consequences of whatever has been uploaded.
- Although the company has tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of English Law and Courts.
13: Changes to these Terms and Conditions:
- G-Host Web Services Ltd reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These terms are always available to view and it is the customers responsibility to ensure they are aware of any changes made that may directly affect them. These Terms and Conditions will always be available to download or print from our website.
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