Last update: 1.3.2015
The following terms and conditions document is a legal agreement between Alpha Websites hereafter “Alpha Websites” and “Client” for the purposes of web site design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
Client: The company or individual requesting the services of Alpha Websites.
Alpha Websites will carry out work only where an agreement is provided either by email, telephone, or surface mail. An 'order' is deemed to be a written or verbal contract between Alpha Websites and the Client, this includes telephone and email agreements.
We reserve the right to refuse to construct a web site, which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, gambling, contains a virus or hostile program, constitutes harassment, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
3. ACCEPTANCE OF WORK
Quotations are valid for 14 days from date of issue.
When the Client places an order to purchase a web site, template or web site updates from Alpha Websites, the order represents an offer to Alpha Websites to purchase the web site, template or web site updates which is accepted by Alpha Websites, only when an invoice is sent to the Client. No contract for the supply of services exists between Client and Alpha Websites until Alpha Websites sends an invoice to the Client for payment. The invoice equals acceptance by Alpha Websites (or third party supplier) of Clients offer to purchase services from Alpha Websites and this acceptance of work is a valid contract between Client and Alpha Websites regardless of whether Client receives the invoice.
Any other services on the order, which have not been included in the invoice, do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records.
Alpha Websites reserves the right to withdraw from contract at any time prior to acceptance.
Alpha Websites reserves the right to cancel any contract with 7 days notice and the Client is liable for the balance of any work undertaken up to the date of any cancellation and any outstanding expenses.
4. PERMISSION AND COPYRIGHT
All pages, images, text and code on our web site at http://www.alphawebsites.co.uk is copyrighted material.
Client and any visitors to http://www.alphawebsites.co.uk may not use any of the pages, images, text or code on the web site for use on Client's or visitors own web site or to create a web site, or templates without prior written permission from Alpha Websites.
Copyright of the completed web designs, images, pages, code and source files created by Alpha Websites for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with Alpha Websites.
Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and Alpha Websites.
Client hereby agrees that all media and content made available to Alpha Websites for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend Alpha Websites from any claim or suit that may arise as a result of using the supplied media and content.
Client agrees that Alpha Websites may include development credits and links within any code Alpha Websites designs, builds or amends.
Client agrees that Alpha Websites reserves the right to include any work done for the Client in a 'portfolio' of work.
5.DOMAIN NAMES AND HOSTING
Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless the Alpha Websites from any claim resulting from the Client's publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service.
Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the Alpha Websites requires to upload the web site if required as part of a project.
Alpha Websites reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.
Every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Alpha Websites cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
All alterations for web sites projects are to be requested in writing either by email or postal mail by the Client. After the specified allowed hours of alterations have been completed, Alpha Websites reserves the right to advise the Client as such and send a separate quotation to the Client and to request payment for any further alterations. Alpha Websites reserves the right to request payment be received for further alterations before continuing work.
Upon completion of an agreed design the Client is asked to confirm in writing by email or postal mail that the design is signed off as complete and agree that any further design alterations are chargeable.
Client agrees to provide any needed information and content required by Alpha Websites in good time to enable Developer to complete a design or web site work as part of an agreed project.
Alpha Websites endeavours to create pages that are search engine friendly, however, Alpha Websites gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall Alpha Websites be held liable for any changes in search engine rankings as a result of using Alpha Websites code.
If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that Alpha Websites can apply a nearest available alternative solution.
After site completion, a Client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then Alpha Websites reserves the right to quote for work to repair the web site.
Alpha Websites reserves the right to assign subcontractors in whole or as part of a project if required.
Client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure.
All communications between Alpha Websites and Client shall be by telephone, email, Skype or postal mail, except where agreed at Alpha Websites discretion.
The website, graphics and any programming code remain the property of Alpha Websites until all outstanding accounts are paid in full.
Any scripts, code or applications (unless specifically agreed) written by Alpha Websites remain the copyright of Alpha Websites and may only be commercially reproduced or resold with the permission of Alpha Websites.
Alpha Websites 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.
Alpha Websites will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Alpha Websites will not be liable or become involved in any disputes between the site owner and their own agents and cannot be held responsible for any wrongdoing on the part of a site owner. e.g.. Any disputes re content/images that have been provided to us for inclusion on the site.
Alpha Websites 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.
Alpha Websites 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.
Website Hosting - Alpha Websites recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Alpha Websites 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.
Alpha Websites 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.
Website Optimisation - Due to external factors, such as changes to the way search engines rank websites, Alpha Websites cannot offer any guarantees regarding the position we will achieve for websites. We cannot accept liability for any change in rankings, or reduction 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.
Compatibility - Alpha Websites shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. Client agrees that Alpha Websites cannot guarantee correct functionality with all browser software across different operating systems.
Clients agree that after hand over of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, Alpha Websites reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.
The client must test any application or programming relating to a site developed by Alpha Websites before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Alpha Websites will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
All prices are exempt of VAT.
All invoices must be paid in full within 7 days of the invoice date and Alpha Websites will carry out work only where an invoice has been paid by the Client for the work, unless otherwise agreed at Alpha Websites discretion.
A non-refundable deposit of 50% may required before any design work will be carried out.
Additional work requested by the Client, which is not specified in the agreed quotation is subject to a separate quotation and Alpha Websites reserves the right whether to quote or accept additional work. If additional work is accepted by Alpha Websites this may affect time scale and overall delivery time of the project.
Once an invoice is sent to the Client it must either be paid either by bank transfer, cheque made payable to "Devonshire Fine Art" and sent with proof of posting to the Alpha Websites main postal address.
Alpha Websites reserves the right to decline further work on a project if there are invoices outstanding with the Client.
The Client may request that the Alpha Websites cancel a project in writing by email or postal mail to Alpha Websites and the project is cancelled only if Alpha Websites confirms work has not been started on the project. If Alpha Websites has commenced or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay Alpha Websites for the work that has been carried out.
All invoices are submitted by email except where required otherwise by regulations or agreed at Alpha Websites discretion.
Alpha Websites reserves the right to remove it's work for Client from the Internet if payments are not received.
Cancellation: Alpha website reserves the right to cancel any contract with 7 days notice and the client will be liable for
any outstanding unpaid works or expenses. The client may cancel the contract giving 7 days written notice and will be liable for any outstanding unpaid works or expenses.
9.LIABILITY AND WARRANTY DISCLAIMER
Alpha Websites provides a web site and the contents thereof on an "as is" basis and makes no warranties with regard to the site and it's contents, or fitness of services offered for a particular purpose. Alpha Websites cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
Alpha Websites endeavours to provide a web site within given delivery time scales to the best of it's ability. However, the Client agrees that Alpha Websites is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
The Client agrees Alpha Websites is not liable for absence of service as a result of illness or holiday.
The Client agrees Alpha Websites is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
Alpha Websites is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On hand over of files from Alpha Websites to the Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, Alpha Websites cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after hand over of files errors are found in code the Alpha Websites has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then Alpha Websites can correct these errors for the Client at it's own discretion.
If after hand over of files errors are found in code Alpha Websites has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, Alpha Websites can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.
Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Alpha Websites reserves the right to cancel forthwith any projects and invoice Client for any work completed.
Alpha Websites shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if Alpha Websites has been advised of the possibility of such damages.
Relating to laws and taxes, which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Alpha Websites and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.
Alpha Websites may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislation's, software releases and web standards. Alpha Websites reserves the right to quote for any updates as separate work. Client agrees Alpha Websites is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold Alpha Websites harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
Client agrees to use all Alpha Websites services and facilities at their own risk and agree to defend, indemnify, save and hold Alpha Websites harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against Alpha Websites or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.
Client also agrees to defend, indemnify and hold harmless Alpha Websites against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organization.
11. COMPLAINTS PROCEDURE
Anyone who experiences a problem with their web service provided by Alphawebsites should raise the matter directly using our email address firstname.lastname@example.org to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Websites 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 Websites, 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.
Alpha Websites and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Alpha Websites to another party.
Alpha Websites and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client. Alpha Websites will never share the clients personal details with any third party without the clients written permission, unless to comply with an act of law.
Alpha Websites reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. Alpha Websites shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
Alpha Websites reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the Alpha Websites web site at http://www.alphawebsites.co.uk/terms.html with a date of last update.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.