We like to keep things simple (see our future-retro FAQs page!) but it's important to have some agreed terms to fall back on.
To use our services you need to agree to the terms below. We'll take payment of our first invoice as agreement, unless you've signed to agree terms with us in a separate proposal, agreement or contract.
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Web Design, Maintenance and SEO Terms & Conditions
Hosting Terms & Conditions
Web Design, Maintenance and SEO Terms & Conditions
Definitions:
The Client : The company or individual requesting the services of Webshare Solutions.
Flat Cap Creative / Flat Cap / Webshare Solutions: Primary designer/site owner & directors, employees or affiliates. Flat Cap Creative and Webshare Solutions are trading names of Webshare Solutions Limited, a company registered in England and Wales.
General
Webshare Solutions will carry out work only where an agreement is provided either by email, telephone, mail or fax. Webshare Solutions will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Webshare Solutions and the client, this includes telephone and email agreements.
Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Webshare Solutions cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Webshare Solutions until all outstanding accounts are paid in full.
Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by Webshare Solutions remain the copyright of Webshare Solutions and may only be commercially reproduced or resold with the permission of Webshare Solutions. Webshare Solutions will also use scripts, CGI applications, PHP scripts and software produced by 3rd parties which are licensed for use by Webshare Solutions and may only be commercially reproduced or resold with the permission of the designer or writer, unless the designer or writer’s terms and conditions of use state otherwise.
Webshare Solutions cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of Webshare Solutions and where no charge is made by Webshare Solutions for such additions, Webshare Solutions accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Webshare Solutions all materials required to complete the site to the agreed standard and within the set deadline.
Webshare Solutions will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Webshare Solutions will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Webshare Solutions will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Webshare Solutions 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 its agents.
A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.
Database, Application and E-Commerce Development
Webshare Solutions cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by Webshare Solutions remain the copyright of Webshare Solutions and may only be commercially reproduced or resold with the permission of Webshare Solutions.
Where applications or sites are developed on servers not recommended by Webshare Solutions, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Webshare Solutions before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Webshare Solutions will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Compatibility
Webshare Solutions will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in 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 and Apple browsers. Webshare Solutions can offer no guarantees of correct function with all browser software.
Website Hosting
If the client’s site is to be hosted by Webshare Solutions, please refer to the appropriate Terms & Conditions for use of that service.
Website Optimisation
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liablility 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.
We use ‘white hat techniques’ when optimising websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimisation process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
Webshare Solutions reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Webshare Solutions policy that any outstanding accounts for work carried out by Webshare Solutions or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Webshare Solutions.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Webshare Solutions 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 judgements (CCJs) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
In cases where one or more invoices have not been paid within the agreed period, Webshare Solutions reserves the right to add a late payment condition to future invoices. In this case, statutory interest or a daily late payment fee of 2% of the original invoice amount, whichever is greater, will be added after the agreed credit period has ended. This fee will be invoiced separately.
Webshare Solutions reserves the right to discontinue services until all accounts have been settled.
Additionally, Webshare Solutions reserves the right to charge a reinstatement or recommencement fee before resuming provision of services.
Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by Webshare Solutions should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as a URL) and clearly outlining the grounds for complaint.
Webshare Solutions will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure:
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Webshare Solutions, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
Web Hosting Terms and Conditions
Webshare Solutions may offer a managed web hosting service to approved clients. This service includes, where relevant, management of email systems, either on our systems or 3rd party platforms, and domain name registrations. When we are providing any of these services, the following terms and conditions apply:
Permissible content
- All content uploaded to your Webshare Solutions hosting service must conform to UK law. It is the user’s sole responsibility to ensure this.
- Sites must not contain ‘hateful’ material or content which seeks to incite hate.
- Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful in the UK or which is deemed to be distasteful at the sole discretion of Webshare Solutions.
- Sites must not contain ‘warez’, copyrighted music/videos or links to such content. It is the sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.
- Sites must conform to UK copyright law.
Limitation of liability
Webshare Solutions makes no assertion that the service is fit for any specific purpose and as such cannot accept any liability for any consequential losses which may arise through a client’s use of the service or from any disruption or unavailability of the service. Webshare Solutions’ liability under this agreement will not exceed the total amount paid for the service.
Webshare Solutions will use its best endeavours to ensure the service complies with the service level agreement of 99.9% uptime.
Bulk e-mail
Bulk e-mail is not permitted through the Webshare Solutions systems without prior authorisation. Bulk e-mail is defined as any message sent to more than 250 recipients at any one time. Users wishing to exceed this limit must contact Webshare Solutions with a sample of the content prior to sending. Unsolicited e-mail is not permitted under any circumstances and will result in immediate termination of the user’s account.
Scripting and software
It is the user’s responsibility to ensure that any 3rd party software uploaded to their hosting account is up to date with security patches and free from any vulnerabilities which might allow it to be exploited by a malicious 3rd party to send unsolicited bulk e-mail or perform any other activity which contravenes our T&Cs. Users are solely responsible for any such action.
If not specifically stated to the contrary, our services are intended to be used for the purposes of hosting websites (including Virtual Learning Environments) and e-mail. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems and any system designed to consume CPU or disk resources for purposes other than hosting a website are not permitted on our hosting services.
Any user who is operating software which is written in an inefficient manner and, at the discretion of Webshare Solutions staff, seen to be making inefficient use of CPU or disk resources will be asked to optimise the script or migrate to a more appropriate service either from Webshare Solutions or another provider.
Additionally, scripts which make bulk postings to other websites, forums and blogs are specifically and strictly prohibited.
Proxy servers
Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
Abuse of the service
Unless permission is specifically granted by Webshare Solutions staff, users may not use the service for purposes other than hosting a website built and managed by us and providing an e-mail service built and managed by us. It is not permitted to use any of our shared hosting products as an external database server to drive a website hosted on another provider’s system, except on a temporary basis to facilitate the migration of a website to Webshare Solutions and only with prior approval from Webshare Solutions support. Webshare Solutions reserves the right to suspend service at its sole discretion if the website’s traffic pattern causes degradation of service to other users.
Contravention of Terms and Conditions by the user
If our terms and conditions detailed above are breached then the user shall be notified initially by e-mail and instructed to remove the offending content or cease the offending activity. If the user does not comply a second warning will be issued. After 48 hours the user’s service will be suspended until such time that they contact us.
In the event of a serious or intentional breach of the T&Cs (such as illegal content being hosted or any activity which could disrupt the service of other users on the system or make Webshare Solutions subject to litigation), Webshare Solutions reserve the right to terminate the user’s account immediately and without refund.
Denial of service
Webshare Solutions makes no guarantee to defend a customer’s website from a denial of service attack unless that service has been specifically offered and agreed.
Refunds and cancellations:
Domain name registrations cannot be refunded or cancelled under any circumstances. All other services are subject to the payment terms agreed between you and Webshare Solutions (as your purchase will usually include a non-refundable deposit to enable commencement of design or consultancy work, independent of any web hosting services).
Webshare Solutions does not guarantee that any domain name you attempt to register through us is available for registration. While we make every effort to ensure that our information is correct, in extreme circumstances we may be forced to refund your payment and cancel the order.
Webshare Solutions will not take part in any dispute over the ownership of an internet domain or an individual or company’s right to use it. We reserve the right, at our sole discretion, to suspend or cancel a domain name registration.
Users registering a domain name through Webshare Solutions are subject to the terms and conditions of the relevant domain name authority. Users are solely responsible for adhering to these rules. In the event that a customer fails to comply with the regulations regarding the registration and use of a domain name, Webshare Solutions Ltd. reserves the right to cancel the registration without issuing a refund.
This does not affect your statutory rights under UK law.
Storing of information
Webshare Solutions stores all information given during signup in a database as a means of easy retrieval of account details for invoicing, support visits, domain registrations, as well as a means of contact with you, the customer. By entering into a transaction with us you agree to all information you submit being kept on file. We may send you periodic mailings, electronic or otherwise, to update you on the status of the service or to advise you of new features. This does not affect your statutory rights under UK law.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Webshare Solutions policy that any outstanding accounts for work carried out by Webshare Solutions or its affiliates are required to be paid in full, no later than the due date on the relevant invoice or 30 days from the date of the invoice, whichever is sooner, unless by prior arrangement with Webshare Solutions.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Webshare Solutions 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 judgements (CCJs) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
In cases where one or more invoices have not been paid within the agreed period, Webshare Solutions reserves the right to add a late payment condition to future invoices. In this case, statutory interest or a daily late payment fee of 2% of the original invoice amount, whichever is greater, will be added after the agreed credit period has ended. This fee will be invoiced separately.
Webshare Solutions reserves the right to discontinue services until all accounts have been settled.
Additionally, Webshare Solutions reserves the right to charge a reinstatement or recommencement fee before resuming provision of services.
