Please read these Terms and Conditions, these do not affect your Statutory Rights under UK Law.
Domain name agreement
1. Argyll & Bute Web Services will register a domain to an individual and/or company on a per domain basis and the individual or company is granted exclusive use of this domain so long as all fees are paid, and the balance of any accounts are kept up to date directly with the domain registry.
2. Any registered domain can be used for any legal, decent and honest use on the Internet and must not breach any UK laws. The name cannot be used for any immoral or pornographic use. The registrant agrees to have read and accepted the terms and conditions of the appropriate domain registry before ordering a domain name for registration by Argyll & Bute Web Services .
3. Argyll & Bute Web Services and its employees shall not be liable for indirect, incidental or consequential damages, including loss of income, data, or information in any event by use of the Service.
4. Argyll & Bute Web Services reserves the right not to register or assign any domain name for whatever reason and to delete or suspend any domain name if payment has not been made in full within 14 days of issue of a final invoice.
1. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Argyll & Bute Web Services cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it. We will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. We do not accept liability for losses caused by the unavailability, malfunction or interruption of service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the work undertaken.
2. Argyll & Bute Web Services require that a template is approved by the customer before designing of a site commences. Once the template(s) for the web site are approved by the customer, designing will commence. Once web design is complete, we will provide the customer with the opportunity to review the resulting work. We will make one set of minor changes at no extra cost within 14 days of the start of the review period which will commence on issue of final invoice. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to us by e-mail or phone. We will consider that the client has accepted the original draft, if no notification of change is received from the customer, within 14 days of the start of the review period unless otherwise agreed.
3. Third Party Integration of Software or Links
Integration to any third party either by link ,frame or third party code will be at an extra cost to the client and should be discussed with Argyll & Bute Web Services prior to any alteration to the business web site.
Any integrated software or link will be at the client’s own risk and no guarantee can be made that the link or download to a third party will be compatible with the existing web site.
Additional fees will be required in advance of any work undertaken and No refund will be made if in the event the integration fails due to third party incompatibility.
The client should ensure that they have the legal authority to use any third party links or downloads as Argyll & Bute Web Services will not be responsible for any third party authorisations or their use as the client website content is the sole legal responsibility of the client.
SEO TERMS AND CONDITIONS
1. SEO is a monthly service unless specifically agreed upon before SEO work commenced.
2. The monthly invoice must be paid in full prior to work commencing unless otherwise agreed, and will be issued 7 days prior to the date of renewal.
In order to provide a professional service, the following will be required from the Client prior to commencement of work as a minimum:
1. Administrative access to the website for analysis of content and structure.
2. Agreement is given to make necessary amendments for the purpose of optimisation and permission given to contact third parties where necessary (i.e web designer) if necessary.
3. Access to all available existing website traffic statistics to enable analysis and recommendations.
The client has been made fully aware of the following in respect of SEO services:
1. All fees are non-refundable.
2. All fees, services, documents recommendations and reports are confidential
3. Argyll & Bute Web Services has no control over the policies of search engines with respect to the type of sites and /or content they accept now or in the future. Websites can be excluded from any directory or search engine at the discretion of the search engine or directory.
4.Argyll & Bute Web Services does not guarantee No. 1 positions or top ten rankings or page listings for any keyword/phrase or search term.
5. Argyll & Bute Web Services will assume no liability for any actions carried out by the client that may have a negative effect on SEO including amendments made to the website by either the client or other third parties.
6. The Client guarantees that any elements of text/graphics/photos, images and designs or trademarks and logos, are provided with full permission of the rightful owner.
Argyll & Bute Web Services Terms and Conditions for Database Design and Implementation
These terms are made in accordance with the laws of England and Wales.
SCOPE OF THE AGREEMENT
1. These terms and conditions will form a binding contract between the Client and Argyll & Bute Web Services .
2. These terms apply to the exclusion of all other terms or conditions of contract the Client may propose and shall not be varied unless agreed in writing and signed by Argyll & Bute Web Services .
Argyll & Bute Web Services OBLIGATIONS AND RIGHTS
3. In consideration of the payment by the Client to Argyll & Bute Web Services of the fees as set out in the Order Form, Argyll & Bute Web Services agrees to provide to the Client the Services as described in the Order Form with reasonable and due care in accordance with, and subject to these terms.
4. Argyll & Bute Web Services shall, both during this Agreement and after its termination, keep confidential and not (except as authorised or required for the purposes of this Agreement) use or disclose or attempt to use or disclose to any person or organisation any Confidential Information.
5. The Client will co-operate with, and act in good faith towards Argyll & Bute Web Services and provide, on request, such source materials or information as Argyll & Bute Web Services may reasonably require to carry out its obligations.
6. The Client shall allow such access to the Client’s data, premises, plant and equipment as Argyll & Bute Web Services reasonably requires to fulfil its obligations under this Agreement.
7. The client shall notify Argyll & Bute Web Services in writing of any changes or alterations required to the Services agreed and shall give Argyll & Bute Web Services the opportunity to consider said change proposals and will respond to the client in writing within 10 working days.
8. Argyll & Bute Web Services shall render invoices to the Client in respect of the prevailing schedule of fees as set out in the Order Form. These fees shall be payable by the Client within 14 days of the invoice date unless agreed otherwise by Argyll & Bute Web Services .
9. All and any changes to the works shall be reflected and accompanied by appropriate amendments to the Order Form and fees.
INTELLECTUAL PROPERTY RIGHTS / CONFIDENTIALITY
10. All copyright, design rights, registered designs, trademarks, patents, database rights, confidential information, ideas, know-how and all other rights whatsoever of a like nature worldwide, whether registered or not, of whatever nature in material, shall remain the property of Argyll & Bute Web Services , unless otherwise agreed in writing.
11. Intellectual Property that is brought to the project by either party remains the property of the originator unless otherwise agreed in writing.
12. In consideration of, and upon payment of the fees in full, the Client shall have the Rights of Use which shall take effect on receipt by Argyll & Bute Web Services of the fees. The client is granted a non-exclusive licence to use the Services for the purpose described in the Order Form or other associated documentation.
13. The Client shall not modify, adapt, translate, decompile, reverse engineer or attempt to ascertain by any other means the intellectual property owned by Argyll & Bute Web Services , except with prior written consent.
14. The Client retains the copyright to data, files, photos and graphic logos provided by the Client.
15. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Argyll & Bute Web Services permission and rights for use of the same and agrees to indemnify and hold harmless Argyll & Bute Web Services from any and all liability in use of such material.
INSPECTION AND ACCEPTANCE
16. If the Services delivered do not comply with the Order Form, or are defective in content or operation, Argyll & Bute Web Services liability shall be limited to correcting such defects within a reasonable time. The Client shall only be entitled to reject the Service delivered because of non-compliance with the Order Form or defects in operation. If not rejected in writing within 14 days of delivery then the Client shall be deemed to have accepted the Service.
LIABILITY AND WARRANTY
17. Argyll & Bute Web Services shall not be liable to the Client for any loss or damage whatsoever or howsoever caused, arising directly or indirectly in connection with this Agreement except to the extent to which it is unlawful to exclude such liability. Argyll & Bute Web Services expressly excludes liability for consequential loss, damage, or corruption to any website other software or data, or for loss of Profit, business, revenue, goodwill or anticipated savings.
18. The Client shall comply with all applicable rules, regulations, codes of practice and laws relating to its’ use of the works, including without limitation, its obligations under the Data Protection Act 1998; Regulation of Investigatory Powers Act 2000, Competition Act 1998 and E-commerce Directive and Equivalent legislation.
Hosting Terms and Conditions
1.1 These General Terms: These General Terms govern your submission of an order to us for our provision of services to you through the www.argyllandbutewebservices.co.uk website (the "Website"), and your registration for an account on the Website by which you will be able to administer those services that you receive. By submitting your details to us for registration for an account on the Website, you agree to be legally bound by these General Terms and the relevant Schedules (as defined below).
1.2 Changes to the Terms and Conditions: We reserve the right to amend the Terms and Conditions (as defined below) at any time. All amendments to the Terms and Conditions will be posted on the Website. If you do not like the changes we make, you can terminate this Agreement – please see Clause 13.2.1 for more information. Continued use of the Services will, however, be deemed to constitute acceptance of the new Terms and Conditions. No other terms or changes to the Terms and Conditions will be binding unless agreed in writing signed by us.
1.3 Application of these General Terms: These General Terms shall apply to all Orders and to all Agreements. When you submit an Order to us, this shall always constitute your unqualified acceptance of these General Terms and the relevant Schedules. If you are a Consumer, nothing in this Agreement affects your statutory rights.
1.4 Any other terms: This Agreement shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing or orally, are expressly waived and excluded.
1.6 Authority (if you are a Business Customer): You confirm that you have authority to bind any business on whose behalf you use the Website to submit an Order.
1.7 Order is an offer only: Your Order is an offer to purchase Services from us, and it remains an offer until we issue our Order Acceptance or when we receive your notice that you would like to cancel your Order, whichever is earlier.
1.8 Accepting your Order: We shall not be obliged to provide any Services to you until we have accepted your Order for those Services. We may refuse to accept your Order for any reason (at our absolute discretion). Any Order Acknowledgement that we send to you, whether by email, letter or by any other media, is for your information only and is not an Order Acceptance. An Order Acknowledgement may contain an Order number and details of your Order. This Agreement will be formed when we accept your Order and become legally bound to provide the Services to you.
1.9 Cancelling before acceptance: Until we have sent you an Order Acceptance, we reserve the right to refuse to process your Order, and you reserve the right to cancel your Order. If we or you cancel your Order before we have sent you an Order Acceptance, then we will arrange for you to be refunded any Fees that you have already paid in respect of that Order.
2.0. PROVISION OF THE SERVICES
2.1 Activation: When we send you an Order Acceptance, we will activate the Services that are the subject of your Order. We inform you of such activation in the Order Acceptance.
2.2 Term: Following the date of the Order Acceptance, this Agreement will continue in force until otherwise terminated in accordance with this Agreement.
2.3 Services: We shall provide to you the Services that are set out in the Order Acceptance that are the subject of this Agreement.
2.4 No warranty: We do not warrant that the Services will meet your individual requirements. We are not responsible for any people, equipment, deliverables or services that we are not expressly stipulated to provide in this Agreement. You are responsible for any people, equipment, deliverables and services that you need to obtain from someone other than us.
2.5 "Unlimited" features: Where we say, in this Agreement or on the Website generally, that features of the Services are "unlimited", that is always subject to:
2.5.1 fair use;
2.5.2 your use of the Services for what a reasonable person might consider to be the provision of a publicly available website;
2.6 No guarantee: We do not warrant that the Services (including any access to your Account) will be uninterrupted, error-free or secure from unauthorised access, or that they will meet your individual requirements. Whilst we use our reasonable endeavours to make the Services available, we shall not have any Liability (subject to Clause 18.3 or Clause 19.3 (as applicable)) if for any reason the Services are unavailable for any time or for any period. We make no warranty that your access to the Services will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. However, we will use our reasonable endeavours to ensure at least a 99.9% uptime Services availability level.
2.7 Improvements: We reserve the right, at any time, to carry out repairs, maintenance or introduce new facilities and functions in respect of all or any part of the Services. If you do not like the changes we make, you may terminate this Agreement in accordance with Clause 13.2.1.
2.8 Monitoring: We will monitor our provision of the Services using our own monitoring tools. We will only rely on our own monitoring tools to assess the performance of the Services, and we will not consider or accept any results, reports or data from your monitoring tools in relation to the Services.
2.9 Timescales: We shall use our reasonable endeavours to perform our obligations under this Agreement within any timescales set out in this Agreement. However (subject to Clause 18.3 or Clause 19.3 (as applicable)), we shall not have any Liability for any delays or failures to accurately perform our obligations:
2.10 Our responsibility: Except as specifically stipulated in this Agreement, we shall not be responsible for providing or achieving any particular results or outcomes or within a particular time.
2.11 Exclusions: Except where expressly stated in this Agreement, we exclude all conditions, warranties, terms and obligations, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law in respect of the Services.
2.12 No warranty as to compatibility: We do not warrant that the Services will be compatible with all Material.
2.13 Third party access: You acknowledge that the servers used in the provision of the Services (including virtual private services (known as VPS servers) and physical private servers (known as dedicated servers)) may be accessible to all users of the Internet. We do not and cannot make any guarantee as to, and (subject to Clause 18.3 or Clause 19.3 (as applicable)) we shall not have any Liability in respect of, the protection or security of any information held on the servers.
2.14 Servers: Subject to Clause 11.4.4, we may, at our absolute discretion, from time to time either host the Services (and any Material) on our own servers or use third party suppliers to do so in whole or in part. You acknowledge that we may from time to time without prior notice and without the need for prior agreement:
2.15 move the hosting of the Services (and any Material) to such servers (both internal and external) as we consider appropriate, at our absolute discretion; and
3.1 Correct information: You must only submit to us or the Website information (whether Material, contact details or otherwise) which is accurate and not misleading and you must keep it up-to-date and inform us of any changes.
3.2. report any faults or suspected faults with or in the Services to us immediately upon discovery;
3.3 report to us any abuse of the Internet (including spam, hacking and phishing) that you consider to have taken place through the use of the Services by any person, and you shall include in such report as much information as you are able to provide to us relating to the type of abuse that you have witnessed;
3.4 use your own login details for the Website and not impersonate any other person or adopt a false identity;
3.5 keep your password strictly confidential and secure, and immediately change your password if you know or suspect that any unauthorised third party becomes aware of your password or if you become aware of unauthorised use of your password or there is any other breach of security known or suspected by you;
3.6 maintain access to the Services through your Internet or telecoms service providers, and we are not responsible for any connections from your system to the Services;
4.0 Backups: You are responsible for keeping regular and full backups of all Material, we shall have no Liability for any failure by you to backup any Material. If any Material is lost or corrupted for any reason and you do not have an appropriate backup, we will not be able to help you recover that lost or corrupted Material.
4.1 Insurance: You are responsible to ensure that you have in place insurance in relation to any Material, including in relation to the loss or corruption of that Material.
4.2 Peer-to-peer media (including files) sharing or streaming: You acknowledge that the Services and any Material may not be used for the purpose of peer-to-peer file or media sharing, streaming, BitTorrent, Tor or other similar forms of data transmission.
4.3 Suspension of the Services: We reserve the right to suspend our provision of the Services to you for any reason provided we give a minimum of two weeks notice prior to suspension of service, any hosting fee will be refunded pro rata for that calendar year, unless suspension has taken place due to misuse or illegal use of our servers.
5.1 What we provide: We shall use our reasonable endeavours to correct any errors or omissions in the Services as soon as practicable during Business Hours on Business Days after receiving full and clear information on them. However, since we do not guarantee that the Services will be free from faults, we shall provide support accessed by telephone or email.We shall use our reasonable endeavours to respond to a request for Support Services within a reasonable time, but we cannot guarantee any particular result or outcome nor within any particular time. In particular, without limitation, we may need to obtain support in turn from a third party that assists us with the provision of the Support Services.
5.2 Exclusions: The following are expressly excluded from the Support Services:
5.2.1 rectification of lost or corrupted Material;
5.2.2 rectification of any failure by you to take appropriate backups;
5.2.3 resolving faults or defects that arise as a result of your failure to comply with this Agreement or any other agreement between you and us; and
5.2.4 changing or updating in any way the content of any website that is the subject of this Agreement.
6.1 Invoicing and payment: Fees will be payable by you annually in advance, and we will invoice you annually for the Fees payable.
6.2 Late payment: We will not send you a reminder for payment following our sending of an invoice to you. However, if you have not paid any invoice within 14 days of us having sent that invoice to you, we will cancel this Agreement, and cease to provide the Services, without notice to you.
6.3 Increase in Fees: We may increase any Fees at any time on notice to you of three days, with the increase taking effect from the next payment date for the Fees in accordance with Clause 6.1. If you do not accept the increase, you have the right to cancel this Agreement.
7.1 What we own: You acknowledge that we own:
7.1.1 all Intellectual Property Rights in the Services and any rights arising out of any works arising in connection with them; and
7.1.2 any IP address allocated to you as part of the Services, and such IP address is not portable or transferrable to another hosting provider at any time, including in the event that this Agreement is terminated.
We grant to you a non-exclusive licence to use the Services and any such IP address to the extent necessary for you to receive the provision of the Services from us.
8.0 Exercising your right to change your mind if you are a Consumer (Consumer Contracts Regulations 2013): If you are a Consumer, you have 14 days after the day we email the Order Acceptance to you to change your mind under the Consumer Contracts Regulations 2013;
8.1 Ending this Agreement where we are not at fault and there is no right to change your mind: You can contact us and tell us you want to end it, or cancel any Service. This Agreement (or the relevant Service) will not end until the end of the then current calendar month in which you notify us that you want to end this Agreement (or the relevant Service). We will not refund any advance payment you have made for Services which will not be provided to you except to the extent required by law or otherwise agreed to by you.
9.1 On termination: In the event that this Agreement (or any Service) is cancelled or terminated:
9.1.1 all relevant Material will be automatically deleted from our servers and, you are responsible for taking appropriate backups of such data and material at all times;
10.0 Governing law: This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.