EssAitch.co.uk - Affordable Website Design Surrey.

Definition:

• "Buyer" means the company, firm, body or person purchasing the Services from EssAitch.co.uk.
• "Contract" means a contract, subject to these conditions, for the provision of the Services between EssAitch.co.uk and the Buyer.
• "Order" means a purchase order in respect of the Services completed or agreed by the Buyer and submitted to EssAitch.co.uk, together with all documents referred to in it.
• "Quotation" is an agreed piece of work (incorporating these conditions) provided by EssAitch.co.uk to the Buyer in respect of the Services. No contract will come into existence until EssAitch.co.uk's written acceptance or order form has been completed and signed on behalf of the Buyer and the order acknowledgement has been signed on behalf of EssAitch.co.uk.
• "Services" means the subject matter of each Contract between the Buyer and EssAitch.co.uk, being the work and/or services or any of them to be performed by EssAitch.co.uk for the Buyer pursuant to the Order.
• "Standard Form" means EssAitch.co.uk's standard form of Order.

 

General

1. A Quotation shall not be binding on EssAitch.co.uk and a Contract will only come into being upon acceptance by EssAitch.co.uk of the Order by signing or counter signing the date of the order and returning it to a customer.
2. The Contract will be subject to these conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Buyer shall have no effect, unless such Order is in the Standard Form. Any variation to the Contract must be confirmed in writing by EssAitch.co.uk.
3. Quotations submitted by EssAitch.co.uk shall remain open for acceptance by the Buyer for a period of 14 (fourteen) days from the date of the Quotation (unless in the Quotation some other period is specified) or when EssAitch.co.uk withdraws the Quotation.
4. These conditions shall, to the extent applicable, apply to goods and products in the same way as they apply to Services.
5. The minimum length of any ongoing website services purchased will be 12 months.

 

Prices

1. Where the Services are sold by reference to EssAitch.co.uk's published price list or tariff structure, the price payable for the Services shall be the ruling price as published in the price list or tariff structure current at the date of purchase.
2. In other cases, the price for the Services shall, subject to clause 1.3 above, be that stated on the relevant Quotation.
3. EssAitch.co.uk shall (if applicable) add to the price of the Services, and the Buyer shall pay, an amount equal to any VAT or other sales tax or duty applicable from time to time to sales or supply of such Services.
4. Any price changes will take effect from the 1st day of the month and the customer will be notified in writing 7 (seven) days before any price change takes effect.

 

Terms of Payment

1. Subject to clause 3.2 the Buyer shall, at the time of submission of an Order to EssAitch.co.uk, pay to EssAitch.co.uk a non-refundable deposit for the Services specified on the Order of 35% of the value shown on the Order ("Deposit").
2. The Buyer shall not be required to pay a Deposit in respect of Optimisation or Web Hosting services.
3. EssAitch.co.uk shall invoice the Buyer for all Services (less any Deposit) immediately on completion of the web Site.
4. Unless otherwise agreed in writing by EssAitch.co.uk and without prejudice to clauses 3.1 and 4, invoices shall be payable by the Buyer immediately upon completion of the relevant Web Site to which the invoice relates.
5. The Buyer shall make all payments due to EssAitch.co.uk by cheque (supported by an appropriate cheque guarantee card) or by bankers draft or in cash or by telegraphic or electronic transfer direct to the company bank account or by arranged Direct Debit (and in each case in pounds sterling).
6. If the Buyer fails to pay any amount due to EssAitch.co.uk under this Agreement on the relevant due date, default interest at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998 shall be added to such amount for the period from the day after the due date until the date of receipt (whether before or after judgment) together with any reasonable and proper amounts incurred by EssAitch.co.uk in seeking to recover such late payment from the Buyer (including, without limitation, legal fees).

 

Website Design

1. The client unconditionally guarantees that any element of text, graphics or other artwork furnished to EssAitch.co.uk for inclusion in the web design project 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 and defend EssAitch.co.uk and it's subcontractors from any claim or suit arising from the use of such elements furnished by the client.
2. All creation files remain the intellectual property of EssAitch.co.uk on completion of a web design project.
3. EssAitch.co.uk shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivatives works, and distribute any item from the clients web pages unless specifically agreed to do otherwise. Further, EssAitch.co.uk shall be free to use any ideas, concepts, know how or techniques acquired in the construction of web sites for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and any other items incorporating such information unless specifically agreed otherwise.
4. EssAitch.co.uk will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. EssAitch.co.uk can offer no guarantees of correct function with all browser software.

 

Website Optimisation (SEO)

1. Whilst EssAitch.co.uk will try to improve the position of your website in Search Engine results in response to a search request, we do not warrant that this effort is in any way guaranteed.
2. EssAitch.co.uk cannot be held responsible for any changes to the position of you Web Site in the Search Engine results in response to a search.
3. The Buyer shall be required to pay 100% of the Search Engine Optimisation fees in advance of any work commencing by EssAitch.co.uk.
4. Due to external factors, such as changes to the way search engines rank websites, EssAitch.co.uk cannot offer any guarantees regarding the position we will achieve for websites.
5. The process of optimising websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally.
6. EssAitch.co.uk cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

 

Website Hosting Services

1. EssAitch.co.uk use 3rd party hosting companies for domain name registration, website hosting and mailboxes through SupaNames. The registration of a domain name, hosting of a website or registering of mailboxes on behalf of the client is subject to the terms and conditions of these businesses on their individual websites.
2. EssAitch.co.uk reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
3. The Buyer shall be required to pay 100% of the Website Hosting annual fees in advance of the renewal date.
4. EssAitch.co.uk will accept no liability for any financial loss resulting from a domain not being renewed.
5. Whilst EssAitch.co.uk uses 3rd party hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by EssAitch.co.uk.
6. EssAitch.co.uk cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
7. EssAitch.co.uk shall have no liability arising from any financial loss arising from any registered mailbox not being available.
8. A change of one hundred pounds (£50) will be charged for any domain transfer, in addition to any extra costs EssAitch.co.uk occurs in the transferal of a domain. A domain will only be transferred if this has been paid as well as any other outstanding balance owed to EssAitch.co.uk Communications.

 

E-Commerce Website Services

1. EssAitch.co.uk supply E-Commerce Services via Tiger Commerce and the client is subject to the terms and conditions of this business on their individual websites.
2. EssAitch.co.uk will accept no liability for any financial loss resulting from the use of any E-Commerce website.
3. EssAitch.co.uk will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by Tiger Commerce.

 

Domain Name registration

1. The Customer acknowledges that the registration and use of domain names is subject to the terms and conditions of the Relevant Naming Authority and accordingly agrees to be bound by them. The registration and use of UK domain names is governed by Nominet UK, the registration and use of international domain names (.com, .net, .org, .biz, .info and .name) which are governed by ICANN is performed through EssAitch.co.uk in conjunction with either NetNames, Internet Names World Wide or Joker (all Accredited Registrars), the registration and use of .eu domain names is governed by NetNames (a registrar accredited for registration of .eu domains), the registration and use of .tv domain names is governed by the .tv Corporation and the registration and use of .cn domain names is governed by Neustar. In submitting an Order the Customer will be deemed to have read and understood the terms of the relevant registration agreement, which can be reached via the following links:
   • Nominet
   • ASCIO
     
   • NetNames
   • Internet Names World Wide
   • Joker
   • .cn Domain Regulations
   • .cn Dispute Resolution Policy
   
   
2. The Customer hereby authorises EssAitch.co.uk to act as the administrative, technical and billing contact on all Global Domains and to perform all functions associated with these roles. The Customer may act as the administrative contact providing it has submitted a written request to EssAitch.co.uk and where the Customer is acting as the administrative contact it acknowledges that in relation to its role as administrative contact it is solely responsible for its acts and omissions and the consequences thereof. EssAitch.co.uk does not allow the Customer to act as the technical/billing contact and if the Customer wishes to act as the technical and/or billing contact it will have to transfer the domain away from EssAitch.co.uk who can accept no further responsibility for the domain.
3. EssAitch.co.uk shall use its reasonable endeavours to obtain registration of the domain names requested.
4. EssAitch.co.uk does not warrant or guarantee that the domain name requested by the Customer will be registered or be capable of registration and the Customer should take no action in respect of the requested domain name until the Customer has been notified that the requested domain name has been registered.
5. The Customer acknowledges that any domain names registered by EssAitch.co.uk on the Customers’ behalf may subsequently be suspended or cancelled by persons other than EssAitch.co.uk.
6. Customers are not permitted to transfer domain names for a period of 60 days following completion of the registration of the domain name.
7. EssAitch.co.uk reserves the right to refuse to transfer a domain where any monies are due from the Customer to EssAitch.co.uk in respect of that domain name.
8. Where the Customer wishes to transfer the ownership of its domain to a third party EssAitch.co.uk will charge an administration charge of £25 for effecting the transfer. EssAitch.co.uk reserves the right to increase this administration fee if EssAitch.co.uk incurs costs in excess of £25 in effecting the transfer and EssAitch.co.uk will notify the Customer of the increased fee as soon as practicable.
9. In the event of a dispute regarding the ownership of or any rights to a domain name transferred to EssAitch.co.uk, EssAitch.co.uk reserves the right to take any and all necessary action to protect itself including (without limitation) the right to give the registry key for the domain name to the registrant and/or to authorise the transfer of the domain name away from EssAitch.co.uk.
10. The Customer acknowledges that the Customer has ultimate responsibility for renewing the domain name and the Customer accepts that whether or not EssAitch.co.uk has successfully contacted the Customer pursuant to this clause EssAitch.co.uk cannot be held liable if the Customer fails to renew the domain name before its expiry.
11. EssAitch.co.uk does not warrant or guarantee that the domain name requested by the Customer will be renewed or be capable of renewal and the Customer should take no action in respect of the requested domain name until the Customer has been notified that the requested domain name has been registered.
12. Any domain name not renewed by its expiry date will be de-activated on the expiry date. To avoid loss of service, the Customer should ensure that domains are renewed well in advance of the expiry date. Uninterrupted service cannot be guaranteed. After the expiry date, EssAitch.co.uk may change the nameservers of a domain name and/or redirect the domain name to a webpage showing advertising or promotional materials of EssAitch.co.uk or third parties.
13. Any domain name not renewed 30 days after its expiry date may be deleted. Once a domain has been deleted it cannot be renewed. At this point it will have to be re-registered and there is a risk that it may be registered by another person or company. To avoid loss of a domain name, the Customer should ensure that domains are renewed well in advance of the end of the 30-day grace period following the expiry date. Successful renewal cannot be guaranteed.

 

Personal data

A) We will make your personal data available in the following ways, but not release it for any other purpose to any other person. We may:

1. include it on the register;
2. include it on the WHOIS (which is also available outside the EEA) and PRSS. For these purposes we will publish your name and (unless you are a consumer and choose to opt out) your address, but not your phone or fax number or e-mail address;
3. if they ask in writing, give your personal data to people with a legitimate reason for asking for it (based on the exemptions in the Data Protection Act 1998 or similar laws that replace or follow it), including government or law enforcement agencies;
4. give your personal data to your current or proposed agent (or both); and
5. use it as set out in the DRS policy and DRS procedure.

B) You may write to us to ask for a copy of the personal data we hold about you, or you can look at the WHOIS, or you can ask your agent. Please note that if, at any point, we discover that you are not a consumer, we may automatically cancel your opt-out (see condition A.2) without notifying you.

By registering a domain name you agree to us using your personal data as explained in conditions A and B.

 

Deposit

1. A 35% non-refundable deposit is required from any new client before any work is carried out. It is our policy that any outstanding accounts for work carried out by EssAitch.co.uk or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice.
2. Once a deposit is paid and work completed the Buyer is obliged to pay the balance of payment in full. We will contact Buyers via email and telephone to remind them of such payments if they are not received when due.
3. If accounts are not settled or EssAitch.co.uk have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments (ccj's) being added to the clients credit rating.

 

Warranty and Limit of Responsibility

1. EssAitch.co.uk acknowledges and agrees that it shall perform the Services:
   1. with reasonable skill and care; and
   2. in accordance with good industry practice.
2. The Buyer acknowledges and agrees that EssAitch.co.uk shall have no liability to the Buyer in respect of the positioning of the Buyer's Web Site.
3. The Buyer's remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Services or Web Site or any workmanship in relation to them (whether or not involving negligence on the part of EssAitch.co.uk) shall, in all cases, be limited to re-performance of the Services or refund of the relevant purchase price.
4. EssAitch.co.uk shall not in any circumstances be liable to the Buyer for any indirect or consequential losses or any loss of profits purported to have been suffered by the Buyer.
5. EssAitch.co.uk shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside its control.

 

Delivery & Completion Dates

1. EssAitch.co.uk undertakes to use its reasonable endeavours to provide completed Services to the Buyer within 30 days of the date on which EssAitch.co.uk receives a signed Order from the Buyer.
2. The dates for carrying out the Services and delivery of any resultant Web Site are approximate only and, unless otherwise expressly stated, time is not of the essence for delivery or performance.
3. EssAitch.co.uk will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform save where the same is as a result of the negligence of EssAitch.co.uk.
4. No delay (unless material) shall entitle the Buyer to reject any delivery or performance or any other Order from the Buyer or to repudiate the Contract or the Order.

 

Responsibility for approving the website

1. The Buyer acknowledges and agrees that EssAitch.co.uk shall produce the Web Site based on information provided to it by the Buyer.
2. Notwithstanding clause 8.1, it shall be the responsibility of the Buyer (and not EssAitch.co.uk) to review and approve the content of the Web Site (including, without limitation, the spelling of names and addresses and the accuracy of telephone numbers) at the time of the completion of such Web Site by EssAitch.co.uk to the Buyer for approval by the Buyer.
3. EssAitch.co.uk shall have no liability to the Buyer for any inaccuracies in the Web Site if and to the extent that the Buyer has failed to review and/or approve (or require amendment (as the case may be)) provided to the Buyer by EssAitch.co.uk pursuant to this Agreement.

 

Termination

1. EssAitch.co.uk may terminate the Contract immediately in the event that the Buyer is in breach of its obligations under the Contract and/or the Buyer suffers any event of insolvency or is or becomes unable to pay its debts as they fall due.
2. EssAitch.co.uk may at its discretion suspend or terminate the supply of any goods and services if the buyer fails to make any payment when due or otherwise defaults in any of its obligations under the contract or any other agreement with EssAitch.co.uk or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or EssAitch.co.uk bona fide believes that any of those events may occur and in any case of termination may forfeit any monies paid.
3. EssAitch.co.uk may by written notice terminate the Agreement immediately and without liability for compensation or damages except as mentioned in this agreement if the Buyer fails to make payment as specified above.
4. Any contract cancelled during the first twelve (12) months will incur a penalty charge of £200.

 

Third Party Claims

The Buyer shall indemnify EssAitch.co.uk and keep EssAitch.co.uk indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement by a third party of any patent, registered design, unregistered design, design right, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by EssAitch.co.uk with the Buyer's instructions, whether express or implied.

 

Assignment & Sub-Contracting

1. None of the rights or obligations of the Buyer under the Contract may be assigned or transferred in whole or in part without the prior written consent of EssAitch.co.uk.
2. The Web Site shall be for the sole use of the Buyer and shall not be capable of assignment to a third party by the Buyer.
3. EssAitch.co.uk shall be entitled to sub-contract any work relating to the Contract without obtaining the consent of, or giving notice to, the Buyer.

 

Notices

1. Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post or email.
2. Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by email, at the time of transmission.

 

Invalidity

The invalidity, illegality or un-enforceability of any provision of these conditions should not affect the other conditions.

Third Party Rights

A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

 

Law & Jurisdiction

The Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

EssAitch.co.uk reserves the right to alter Terms & Conditions without prior notice.

September 2009