Terms & Conditions For Web Design Services
“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;
“Q Internet” means Q Internet, a trading name of Creative Tools Limited
Q Internet carries out data backups for use by Q Internet in the event of systems failure. Q Internet do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Q Internet accepts no responsibility for data loss or corruption.
THIRD PARTY ALTERATIONS
Q Internet provides the information required by its customers to access their hosting account, this facilitates the alteration and modification of any code that may be present. Q Internet accepts no responsibility or liability for any modifications, including Search Engine Optimisation, carried out by a third party. Any modifications carried out by a third party will invalidate any warranty or support service offered by Q Internet unless agreed by prior arrangement in writing.
Q Internet offers support on all products, this is limited to telephone support only and is subject to a fair use policy. The fair use policy on support is equal to 2 hours telephone support per month for the duration of 6 months. Q Internet reserves the right to charge at a rate of £40+VAT per hour or part thereof for additional support required. Customers will be informed of any additional charges they may incur before being billed.
Some Q Internet website packages include integration with third-party software, such as Google Shopping, Q Internet have no control over this software and a such cannot be held responsible for changes made to this software.
CHARGES AND PAYMENT
Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro), cheques, bank transfers, postal orders, cash and direct debits. Please note that for credit card payments in excess of £300, a fee of 3% of the transaction amount will be charged.
The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
Q Internet 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.
Q Internet do not provide credit facilities.
Q Internet retains the right to display a design credit on the Client’s website, either in small type or as a small graphic in a discreet position which will provide a link to Q Internet’s website. The Client also agrees that the website developed for the Client may be displayed in Q Internet’s portfolio. Removal of this link must be agreed in writing prior to the commencement of the project.
Any server side scripting files, database query strings and any PHP files will remain the property of Q Internet and/or its sub contractors. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the services or products provided by Q Internet without written consent.
From time to time Q Internet 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.
Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
Should your chosen payment method fail Q Internet will attempt to settle your invoice using any other payment facilities available on your account.
All services will renew until cancelled by the customer. Q Internet 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.
Goods or services sold by Q Internet are subject to the Q Internet ‘s Condition of Sale and these Conditions of Sale shall be the sole terms and conditions of any sale by Q Internet to the Buyer. Any terms and conditions on the Buyer’s order form or other similar document shall not be binding on Q Internet. Any amendment to the contract must be made and agreed in writing and signed by Q Internet. Where a sale has been agreed at a distance the commencement of work will be upon registration of the buyers chosen domain name.
HOSTING AND DOMAIN NAME REGISTRATION
Where services have domain name registration and/or hosting services included, the included service commences at the point of domain registration or the hosting package is set up.
Prices, quantities and delivery times offered in any quotation given by Q Internet are commercial estimates only and do not constitute an offer, nor are they binding on Q Internet and may be withdrawn at any time.
ALTERATIONS AND UPDATES
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 Q Internet and the password will be changed.
The Customer warrants and represents to Q Internet that Q Internet’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 Q Internet as set out elsewhere in this document.
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, Q Internet 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 Q Internet 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 Q Internet 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.
LIMITATION OF LIABILITY
Nothing in these terms and conditions shall exclude or limit Q Internet’s liability for death or personal injury resulting from Q Internet’s negligence or that of its employees, agents or sub-contractors.
The entire liability of Q Internet 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.
In no event shall Q Internet 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 Q Internet had been made aware of the possibility of the Customer incurring such a loss.
TERM AND TERMINATION
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.
Q Internet 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.
Either party may terminate this Agreement forthwith by notice in writing to the other if:
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
the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
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
the other party ceases to carry on its business or substantially the whole of its business; or
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.
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.
On termination all data held in the customers account will be deleted.
Q Internet may assign or otherwise transfer this Agreement at any time.
The Customer may not assign or otherwise transfer this Agreement or any part of it without Q Internet’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.
GOVERNING LAW AND JURISDICTION
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.