Terms & Conditions for Web Site design
Where the context admits: “We” refers to WebVirtuoso Ltd. “You” includes the person purchasing the services or any party acting on the customer’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” is the relevant domain names Registry. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
Notwithstanding anything to the contrary contained in these terms and conditions, neither WebVirtuoso Ltd nor any of its employees, associates or agents, warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will WebVirtuoso Ltd be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor’s computer or internet software, even if WebVirtuoso Ltd has been advised of the possibility of such damages.
1.1. “Services,” means domain name registration, Web site hosting, email and any other service or facility provided by us to you.
1.2. “Server” means the computer server equipment operated by us in connection with the provision of the Services.
1.3. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet.
2. Domain Name Registration
2.1. We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
2.2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
2.3. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
2.4. We shall not release any domain to another provider unless full payment for that domain has been received by us.
3. Copyrights and Trademarks
3.1. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to WebVirtuoso Ltd 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, indemnify and defend WebVirtuoso Ltd and its subcontractors from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
4. Design Variation
4.1. Whilst the vendor makes every effort to ensure that goods supplied correspond in every respect with the sample, specification or description provided as the case may be, the vendor is not responsible for the minor variations in specification, in colour or other design features, and no such minor variation shall entitle the purchaser to rescind the contract or shall be the subject of any claim against the vendor by the purchaser.
5. Project Delivery
5.1. The final product will be published to the Client’s or WebVirtuoso Ltd’s own hosting service or delivered via diskette/Compact Disc upon completion of the project.
6. Electronic Commerce Laws
6.1. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend WebVirtuoso Ltd and its subcontractors from any claim, suit, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
7. Completion Date
7.1. Due to the many iterations involved during a Web Design Project then only an estimated completion timescale can be provided. An agreeable date for project completion or time scale in weeks can or will be set and agreed to by both the Client and WebVirtuoso Ltd.
8.1. All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £25
8.2. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
8.3. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of services to you.
8.4. Payments must be made promptly based on the terms, or WebVirtuoso Ltd reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all solicitors fees and court costs) incurred by that process.
8.5. All overdue amounts that are more than 2 days (inc weekends) will be charged on a daily basis of a commercial interest at 8% above the base rate of the Bank of England obtained at the time.
9.1. All Web Design Projects are entitled to a three month (from date of activation) warranty period, where any technical faults not recognised prior to activation will be fixed free of charge. Beyond this limited warranty period any technical faults which require repair will be chargeable at our hourly rate.
10.1. If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or the enforceability of the remainder of the conditions.
10.2. This contract is and shall have deemed to have been made in England and shall in all respects be governed by English Law.
10.3. In respect of consumer sales only, statutory rights are unaffected by these terms and conditions.