Terms and Conditions
The following terms of business apply to any or all of the services offered by Webz4Biz Limited. These terms and conditions are subject to change from time to time without notice.
Definitions
“Client” means the client with whom Webz4Biz Limited makes the contract. The client includes individuals who reasonably appear to act with that client’s authority.
“Domain name” refers to all domains either registered through us or transferred to us.
“Hosting” refers to any website hosted on our servers and includes the provision of e-mail service
Responsibilities of Webz4Biz Limited
1. We agree to provide services in accordance with these terms and conditions.
2. We will apply the necessary skills and expertise in order to deliver a highly professional and efficient service.
3. We will endeavour to work with any timescales agreed between ourselves and the client, provided that the client has provided all of the necessary information and materials to complete or progress with the service. In the unlikely event that we are unable to meet a deadline, for example through staff illness or circumstances beyond our control, we will endeavour to inform the client in advance.
Client Responsibilities
4. The client shall be responsible for providing any required materials or information in respect of our services.
5. Once a contract has been entered into the client agrees to pay any required deposit in advance or upon receipt of an invoice. The full amount becomes due upon completion of the service (or at agreed intervals for ongoing services). The client will not be expected to pay for website design until completely satisfied with their website.
6. The client shall make sure that they have access to any necessary computing facilities and adequate IT skills in order to access our services on the internet, configure and use e-mail and provide any necessary information and materials to us in the required format. We shall, however, at our discretion, help clients who are not IT literate or do not have a computer to access and use our services.
Domain Name Registration
7. We cannot guarantee that the domain name you apply for will be available for registration.
8. The registration of the domain name and its ongoing use is subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. For Nominet terms visit www.nominet.org.uk and for Icann terms visit www.icann.org.
9. We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute.
10. Once you enter a contract with Webz4Biz Limited to purchase a domain name we will either request payment in advance of registration of the domain name or invoice you immediately. If the domain is included in a website package then you may be required to pay a deposit to cover the cost of the domain before work on the website progresses.
11. We will not be held liable for any losses directly or indirectly caused by non re-registration of domains for whatever reason. We will attempt to contact the owner of the domain name in advance, via the administrative e-mail address as supplied, in order to give the option to renew the registration through Webz4Biz Limited.
12. We will require at least three days notice for the transfer of a domain name from our servers subject to an administrative charge of £30 +VAT.
13. We cannot be held responsible for the transfer of domain names to our servers. This responsibility lies with the client to request the transfer.
Website Design
14. Any sample designs are subject to change. We will continue to liaise with the client to ensure that they are satisfied with the design, layout and structure of the website.
15. Webz4Biz will endeavour to professionally design any website in accordance with current industry standards available at the time. This shall include optimising the website for search engine performance and submitting the website details to Google. However, we shall not be responsible for Google’s acceptance or rejection of the website submission or for the performance and ranking of the website in any search engine.
16. We do not guarantee that any website will generate visitors or income. This will depend upon the client integrating the website into their overall marketing strategy.
Website Hosting/ E-mail
17. We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. This does not affect your statutory rights as a consumer.
18. You warrant to us that you will only use your website for lawful purposes. In particular, you further warrant and undertake to us that:
a. you will not, nor will you authorise or permit any other party to, use the Server in violation of any law or regulation, or violation of any of our Terms and Conditions.
b. you will not knowingly or recklessly post, link to or transmit:
i. any material that is unlawful, threatening, abusive, harmful, malicious, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way; or
ii. any material containing a virus or other hostile computer program;
iii. you will not post, link to or transmit any material that shall constitute or encourage a criminal offense, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction; and the Terms and Conditions contained here.
iv. you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers.
v. you or your end users will not send any bulk unsolicited email.
19. You are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misquoting or any other failure of email.
20. You warrant, undertake and agree that:
a. you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Whilst we shall use reasonable endeavors to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
b. If your web site is causing disruption to the other users on the server we reserve the right to remove or suspend the site as we see fit and terminate the agreement forthwith.
c. Bandwidth shall be limited to the amount supplied in the service ordered. Bandwidth charges are applied to any customer that exceeds more than 1GB over that limit at 50p per MB.
21. Webz4Biz Limited is not responsible for the backup of any files on its servers. Should data be erased due to hardware failure or any other reason, we will not be responsible for any resulting financial loss whatsoever.
22. We have the right to terminate services without giving a refund and without prior notice:
a. if the customer is consuming our time dealing with unwarranted complaints or legal matters or if the customer is endangering our system or overloading the network.
b. the server is being used for activities we deem inappropriate.
c. the server is being used for criminal activities.
d. the unauthorised use of IP numbers, flooding, sniffing, netmasks, gateways, etc.
23. We shall use reasonable endeavours to provide continuing availability of the Server, email accounts and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server. Many computer faults are beyond are control and we shall try our best endevours to fix them for you as soon as we can.
Intellectual Property Rights and Other Consents
24. You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations in respect of the Services ordered.
Indemnity
25. You agree to indemnify and keep indemnified and hold us on demand harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms of business. This does not affect your statutory rights as a consumer.
Termination
26. We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.
27. We may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within seven days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person who is declared bankrupt.
28. On termination of the agreement we shall be entitled immediately to block your website and to remove all data located on it. We will hold such data for a period of seven days and allow you to collect it at your expense, failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your website as we think fit.
29. We may terminate or suspend any web site which is deemed to be causing a disruptive service to our clients as a whole.
30. You may terminate your account with us if we cannot resolve any technical issues or server problems within a reasonable amount of time. You will receive a refund for the remainder of the contract term. However, we will not refund any used parts of the service.
Payment
31. A deposit shall be required before the commencement of any work. The balance shall not become due for a website you are absolutely satisfied with the result. In the unusual instance that a client is not entirely satisfied, they will give us adequate feedback and time to amend the website to their satisfaction.
32. a. 50% deposits are required for web design in order for use to pay for setting up your services and undertaking initial work, this is a non-refundable fee. If for whatever reason you decide not to complete the project/design as quoted the 50% payment will not be repaid.
b. Final Payments will be due by the Invoice Due Date and no later than 7 days thereafter. In the unusual instance that a client is not entirely satisfied, they will give us adequate feedback and time to amend the website to their satisfaction.
33. All charges/fees payable by you to us for the Services ordered shall be in accordance with the relevant scale of charges and rates published from time to time by us on our web site, and in the manner for the time being prescribed by law and shall be due as indicated on the invoice and under no circumstances payable later than seven (7) days of receipt of our invoice.
Limitation of Liability
34. We hereby exclude all conditions, terms, representations (other than fraudulent representations) and warranties relating to the Services supplied under this agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose.
35. DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Webz4Biz Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ANY DIRECT OR INDIRECT RESULT OF ACUNETT SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY DAMAGES TO CUSTOMERS SERVERS CAUSED BY ACUNETT OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
Webz4Biz Limited is not responsible for any damages to Customer’s business. Customer agrees not to hold Webz4Biz Limited liable for any loss of data or damages to Customer or Customer’s business caused by the Company’s own negligence or a direct or indirect action by Webz4Biz Limited. In the event that such an incident occurs, customer acknowledges that Webz4Biz maximum liability shall not exceed an amount equivalent to the charges paid by the Customer for services during the ninety (90) day period prior to the date damages occurred. Webz4Biz Limited specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall the Company be liable for any loss, los of profit, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential, direct, or other damages, even if out of negligence. Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against the Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.
The Customer acknowledges and agrees that the cost of service charged by Webz4Biz Limited does not take into consideration possible incidental, consequential, indirect, special, or accidental damages arising out of the use of the service provided by Webz4Biz. The Customer acknowledges that the limitations set forth in this TERMS OF SERVICE are integral to the cost of service charged by Webz4Biz Limited in connection with the usage of services provided by Webz4Biz Limited and that were Webz4Biz Limited to assume any further liability other than as set forth herein, such costs of service would, out of necessity, be set substantially higher.
THE CUSTOMER AGREES TO USE Webz4Biz Limited’s services AT YOUR OWN RISK. Webz4Biz Limited WILL NOT BE HELD LIABLE FOR ANY DAMAGES TO THE CUSTOMER, THE CUSTOMER’S SERVER(S), or THE CUSTOMER’S BUSINESS IN ANY CIRCUMSTANCE.
This means if Webz4Biz Limited logs in to the Customer’s server, and damages the Customer’s server, websites, or business in any way, Webz4Biz maximum liability is the amount equivalent to the actual price paid to the Company during the ninety (90) days prior to the date the damages occurred.
36. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
37. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
38. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever resulting from downtime or service unavailability due to ACTs OF GOD, WAR or GOVERNMENT.
If you do not accept or understand any part of our TERMS OF SERVICE and our ACCEPTABLE USAGE POLICY, do not sign up with our service.
By signing up with our service in any form, or utilizing our services in any form, you agree to accept, comply, and understand in full our TERMS OF SERVICE and our ACCEPTABLE USAGE POLICY
Notices
39. 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 ancillary application forms 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 two days following the date of posting.
Law
40. These terms and conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English Courts.
Entire Agreement
These terms and conditions together with any document expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters.
Complaints/ Procedures
If you have any complaints, or have a dispute, we will act swiftly to resolve them. If you feel you are entitled to a refund on any of our services, we will act swiftly to resolve the matter. Domain Names cannot be refunded under any circumstances.