Sam Gill Web Design Terms and Conditions
1. General Terms
1.1 In this document Sam Gill Web Design is referred to as 'Sam Gill Web Design' and its clients are referred to as 'the client'.
1.2 By ordering or using any of Sam Gill Web Design's products or services including a Sam Gill Web Design website the client is deemed to have accepted these Terms and Conditions whether or not the client has been provided with a copy.
1.3 Sam Gill Web Design reserves the right to amend or vary any of its Terms and Conditions at any time and without notice.
1.4 Additional Terms and Conditions may be applicable where Sam Gill Web Design supplies products and services on behalf of third parties.
1.5 All quotes for products or services are valid for a maximum of 30 days.
1.6 Sam Gill Web Design reserves the right to vary prices published in the standard price list without notice.
1.7 Sam Gill Web Design reserves the right to increase prices for currently provided products or services to a maximum of 10% per year.
1.8 Sam Gill Web Design shall not be held liable for any loss of turnover, sales, revenue, profits or indirect, consequential or special loss or damage caused by the use misuse or any unavailability of any of its products or services.
1.9 The client undertakes not to participate in any form of un-solicited bulk e-mailing spam or any other similar unacceptable activity associated with any products or services provided by Sam Gill Web Design. Should the client use their hosting or email address for bulk e-mailing or spam then Sam Gill Web Design has the right to terminate their contract with immediate effect and remove their domain name DNS and email from Sam Gill Web Design's hosting server and any emails or web content currently on the server will be permanently deleted.
1.10 The client undertakes that their website is for acceptable use but Sam Gill Web Design reserves the right to suspend the website immediately and without notice in the event of a breach or suspected breach by the client. If the website is being used for spam or bulk emailing spam then point 1.9 above applies.
1.11 Sam Gill Web Design does not accept any responsibility for the effect that programs supplied by Sam Gill Web Design or downloaded from the Internet by the client upon the recommendation of Sam Gill Web Design may have on the computers of the client.
1.12 Sam Gill Web Design personnel may configure the client's computer at the request of the client so that products and services from Sam Gill Web Design may be made available. Sam Gill Web Design does not accept any responsibility for the loss of any data or programs as a result of such work.
1.13 Sam Gill Web Design does not give any guarantees to placements with in any search engine such as Google although every effort is made to achieve a higher placement as possible for a given search keyword or phrase. To maintain your website listing within Google Sam Gill Web Design operates a monthly monitor scheme at extra cost.
1.14 Sam Gill Web Design does not give any ftp access to the clients website hosting for security reasons. If the client has had training to update their website themselves then they are able to have restricted access to their Content Management System to make changes to their website pages.
2.1 If one of Sam Gill Web Design's annual support packages are purchased the client is expected to commit for this period of time. If the client cancels the account within the service period then Sam Gill Web Design will not make any refunds for any unused portions of the package.
2.2 If the client does not wish to renew an account Sam Gill Web Design must be contacted 14 days before the renewal date stating that the client wishes to cancel their virtual server account.
2.3 Hosting, domain names and support fees must be paid for in full and in advance and no fees can be refunded once the order has been placed.
2.4 Domain name registration fees are non-refundable once the order has been placed.
3. Domain Names
3.1 Where Sam Gill Web Design receives a request to register domain names on behalf of the client, Sam Gill Web Design does not guarantee that any particular requested domain name will be available until confirmation has been received from the naming authority.
3.2 In purchasing domain names on behalf of the client, Sam Gill Web Design are acting solely as the clients agent and accepts no responsibility for the continuance or otherwise of that registered domain name.
3.3 Sam Gill Web Design provides no warranty that the domain name requested by the client will not infringe the rights of any third party and the client will indemnify Sam Gill Web Design in respect of any such infringements.
3.4 The client shall be responsible for all renewal fees relating to any domain names purchased on their behalf by Sam Gill Web Design, whether charged direct by the naming authority or by Sam Gill Web Design.
3.5 By registering a domain name through Sam Gill Web Design within the .uk Top Level Domain (a "Domain Name"), the client enters into a contract of registration with Nominet UK whose terms and conditions can be found on their website at https://www.nic.uk/disputes/terms/
3.6 By registering any other domain name (i.e. not a .uk Top Level Domain) through Sam Gill Web Design the client enters into a contract of registration with the registration authority relevant to that domain name and their terms and conditions will apply.
3.7 It is the responsibility of the client to ensure that registrant details are kept updated. In the event of a dispute the relevant naming authority for the type of domain held should be contacted and provided with full details of the complaint.
4. Web Pages
4.1 The client will be responsible for the content of web pages including obtaining the legal permission for any material included on the pages and ensuring that the contents of these pages do not violate UK or international law.
4.2 The client will be held responsible for and accept responsibility for any defamatory confidential secret or other proprietary material available via the client's website page(s).
4.3 Sam Gill Web Design reserves the right to remove without notice from the client's website pages material deemed to be inappropriate.
4.4 All text content photographs and images supplied by the client are the copyright of the client. It is the responsibility of the client to ensure that model consent and/or permission of the copyright owner is sought for the use of any third party text photographs or images supplied to Sam Gill Web Design for use in the construction of any website. The layout and design of the website the code generated to create the site and any images created by Sam Gill Web Design remain the copyright of Sam Gill Web Design.
4.5 Unless specifically requested all design work whether finished or in progress will be uploaded to the client's server space. Work can however be proofed on Sam Gill Web Design's server space before final uploading to the client's own server space.
4.6 In the event of a dispute regarding the design of the website or withheld or late payment Sam Gill Web Design reserves the right to withhold or withdraw all web pages and image files until such dispute is resolved.
4.7 Sam Gill Web Design will not undertake work involving the design of any website promoting or selling products or services that are illegal in the United Kingdom or are of an "Adult" nature.
4.8 Where the client has undertaken to modify the website direct the client will be wholly responsible for the material added to the website including ensuring that no UK or international laws or copyrights are infringed and all necessary permissions are obtained.
4.9 The client will indemnify Sam Gill Web Design for any claims made against Sam Gill Web Design arising from the content of the client's website whether added to the website by the client or by Sam Gill Web Design.
5.1 Sam Gill Web Design does not offer any type of credit on any of its range of products or services.
5.2 If the clients account/service is activated before payment is made then payment must be sent in full by return on receipt of Sam Gill Web Design's invoice.
5.3 If payment is not made in full within 14 days from the date of an invoice all technical support and/or professional services may at the discretion of Sam Gill Web Design be terminated until payment is received and cleared.
5.4 If payment is not made in full within 30 days of the date of an invoice date the client's account may be deactivated and the website deleted.
5.5 Sam Gill Web Design reserves the right to charge an administration fee where an account is cancelled and then reactivated.
6.1 A deposit of 50% of the total website build and design cost is to be paid before work can commence. Domain name and website hosting charges are payable in full before booking of them. Search engine submission payments are paid monthly in advance.
6.2 The balance of 50% of the creation fee will be payable 60 days from the commencement of the project, or on acceptance of the completed website by the client, whichever is the sooner.
6.3 The creation fee will be payable in full as in 6.2 above even if further material to complete the project is awaited from the client.
6.4 If a deposit is held for the creation of a client's website and a date has been booked for the build of the client's website and the client is unable to get their website content to Sam Gill Web Design in time for the website build date (A website build date is blocked out in Sam Gill's diary solely to work on the clients website and therefore other clients are turned away for this slot) then Sam Gill Web Design has the right to cancel / terminate the contract to build the client's website and the deposit already paid by the client is NON REFUNDABLE.
6.5 The support charges will commence 30 days from the commencement of the project, or on acceptance of the completed website by the client, whichever is the sooner.
6.6 Sam Gill Web Design reserve the right to increase the annual support programme charges on the renewal date to reflect any additional services provided to the client.
6.7 If during the course of a design project additional work should become necessary Sam Gill Web Design will notify the client of any additional cost involved. Any additional costs may be payable before work can proceed further.
6.8 If the client delays commencement of work for more than 30 days from payment of the deposit Sam Gill Web Design reserves the right to make a surcharge to cover additional time and price increases since the original quote.
6.9 Sam Gill Web Design reserves the right to levy extra charges if additional unexpected time is expended on the creation of the site, or loading of the site onto the internet, due to circumstances beyond its control or due to working with material created and/or provided by a third party.
6.10 If Sam Gill Web Design creates a specific new design and layout of a website for the client, the copyright of that design and layout remains at all times with Sam Gill Web Design. Should the client wish to transfer the website files that includes the original design to another website design company, Sam Gill Web Design will release the Intellectual Property Rights for the website design on payment of a release fee of £200.
7.1 Sam Gill Web Design are required to provide contact details of their clients to domain name registration authorities. We do not intentionally disclose customer information to any third party except to enable them to provide domain name registration or hosting services.
7.2 Sam Gill Web Design reserves the right to supply client information as a result of a lawful request by police or government authorities that require the information as part of a legal enquiry.
7.3 The client may be contacted periodically by Sam Gill Web Design to announce any additions or changes to Sam Gill Web Design's products and services. The client may also be contacted as part of Sam Gill Web Design's ongoing support activities. The client has the right to request that these communications cease.
8.1 The client may terminate an initial contract within 14 days of the order date and will in that event receive a refund of any deposit paid less any work that has been completed up to that point and less a 10% administration fee.
8.2 These terms and conditions do not affect the statutory rights of the client.