TERMS & CONDITIONS - WEB DESIGN
PART 2: TERMS AND CONDITIONS APPLICABLE TO ONLINE SERVICES ONLY
Part 2 of these Conditions are additional terms which apply only to Customers' orders for Online Services. They are to be read together with Part 1 of these Conditions (which may be amended from time to time). In the event of a conflict between Part 1 and Part 2 of these Conditions, the terms of this Part 2 shall prevail over Part 1 when purchasing the Online Services.
1. WEBSITE DESIGN
1.1 The Customer agrees to make available as soon as is reasonably possible to the Centre Owner all materials required to complete the website to the agreed standard and within the set deadline. The Centre Owner cannot guarantee that it will meet the original agreed deadline should the Customer fail to provide such material within an agreed timescale.
1.2 The Centre Owner will be responsible for the design and development of the website and shall not update, alter or maintain the Customers' website once it goes live, unless otherwise agreed. Any future structural or design changes to the website may require the issuing of a new estimate.
1.3 The website, graphics and any programming code remain the property of the Centre Owner until the Centre Owner has received payment in full for any Commissioned Work and/or Online Services that the Centre Owner has supplied to the Customer in respect of which payment has become due.
1.4 The Centre Owner will endeavour to ensure that any developed/designed website or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with standard web browsing software. The Centre Owner can offer no guarantees of correct function with all browser software and operating platforms.
1.5 The Customer is expected to test fully any application or programming relating to a website developed by the Centre Owner before being made generally available for use. Where "bugs", errors or other issues are found after the website is live, the Centre Owner will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the Customer's specification.
1.6 The Centre Owner cannot guarantee that the Online Services are problem free and accurate.
1.7 The use of the Customer's website is at the visitors' or users' own personal risk. The Centre Owner does not warrant the content or accuracy of any material or other information on the Customer's website, nor does it warrant that the website is free from errors, faults, viruses or other computer or data-corrupting or data-damaging material.
1.8 Subject to condition Part 1: 15.1, the Centre Owner will not be liable for:
(a) any costs incurred, compensation or loss of earnings due to the unavailability of the website, its servers, software or any material provided by its agents;
(b) any costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines;
(c) any failure by the Customer to comply with regulations related to accessibility, selling online or regulations related to a specific business or trade.
2.1 The Centre Owner may arrange hosting for the website and the subscription for this will be outlined to the Customer in the Estimate.
2.2 The Centre Owner will endeavour to provide a reliable and professional hosting service to the Customer at all times but cannot guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond the Centre Owner's control.
2.3 Subject to condition Part 1: 15, the Centre Owner will not accept any liability for losses caused by the unavailability, malfunction or interruption of the hosting service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss for the Customer.
2.4 Renewal of the hosting service is due on an annual basis and shall be with a third party web hosting company. The hosting service will not be renewed if the Centre Owner cannot contact the Customer, or if the Customer requests for the Centre Owner to not host the website.
3. Domain Names
3.1 Domain names will be registered by the Centre Owner, however the Customer is the legal owner of the domain and if the Customer requests to have details changed or the domain transferred elsewhere, the Centre Owner will do this within reasonable time, for an additional fee.
3.2 Domain names of the Customer's choice (subject to availability) may be provided by the Centre Owner. The Customer's domain name cannot be a domain name that is already registered with another provider.
3.3 The Customer warrants that the domain name sought is not a trademark of a third party. The Customer agrees to indemnify the Centre Owner, including any incidental costs, against any claims that a domain name applied for, or obtained, violates the Intellectual Property Rights of any third party.
3.4 It is the responsibility of the Customer to renew their domain names when due. If a domain name expires, the Centre Owner will not be held liable for this. However the Centre Owner will make a reasonable effort to contact the Customer regarding domain renewal.