Terms and Conditions
TERMS
AND CONDITIONS
Company
Information:
Company Name: Spicer Designs
Address: 6 Woodhouse Grove, Fartown, Huddersfield, West Yorkshire. HD2 1AS
Telephone Number (Sales): +44 (0) 1484 315029 and +44 (0) 845 475 1991
Definition
of terminology:
1. A
'Project' is any work undertaken or service provided Spicer Designs for the
Client on their request and as described in our quotation to that Client.
2. A
'Client' is a person, persons, business or organisation using any of the
services provided by Spicer Designs.
3. The
term "Spicer Designs" or “us†or “we†refers to the owner of the
website whose registered office is Woodhouse Grove, Fartown, Huddersfield, West
Yorkshire. HD2 1AS.
4. 'Domain'
is the website address as specified by the Client.
5. 'Hosting'
is a yearly cost to keep a clients website activated online.
6. 'Content'
is both text and images that the Client supplies for the website.
Spicer
Designs Terms & Conditions
1. The
contract between Spicer Designs and the Client will be on these conditions, to
the exclusion of all other terms and conditions. Any variations to these
conditions shall have no effect unless agreed in writing.
2. The
works to be carried out shall be as set out in the Spicer Designs quotation.
3. Spicer
Designs will only commence work on a Project after receipt of the agreed
deposit from the Client.
4. The
deposit paid to Spicer Designs covers the cost of design work carried out as
well as any administration work and communication with Spicer Designs. The
deposit is non refundable.
5. On
completion of the website by Spicer Designs, the Client will be notified and
have the opportunity to review it. Unless agreed otherwise, the Client should
notify Spicer Designs, in writing, of any unsatisfactory points within 14 days
of receipt of such notification. Any issues which have not been reported in
writing to Spicer Designs as unsatisfactory within the 14 day review period
will be deemed to have been approved. Once approved, or deemed approved, the
website cannot subsequently be rejected, and the website will be deemed to have
been completed and the balancing payment will become due. The agreement will
remain in effect until all obligations have been completed in terms of this
Clause.
6. If
the Client rejects the website within the14 day review period and will not
approve subsequent alterations made by Spicer Designs to remedy any points
reported by the Client as unsatisfactory, or Spicer Designs considers that the
Client is unreasonable in their repeated rejection of the website, the
agreement will be deemed to have expired and Spicer Designs can take any legal
measures to recover both payment for the completed website and reasonable
expenses incurred in recovering payment.
7. Spicer
Designs shall expect the Client to carry out sufficient research before
proceeding with a website. This will include checking that the
website/idea/business will operate legally.
8. Where
images used on the website have been purchased by Spicer Designs on behalf of
the Client, these images are strictly for use on the website only. Spicer
Designs are not liable for misuse of these images by the Client or any other
person's copying, altering or distributing the images to individuals or other
organisations.
9. Spicer
Designs will host the website if the Client requires us to do so and on receipt
of full payment of our Hosting fees. In doing so Spicer Designs will endeavour
to provide a reliable and professional service to the Client at all times but
do not guarantee that the website Hosting will be available at all times,
especially in the event of a technical failure beyond our control.
10. Spicer
Designs reserves the right to refuse hosting.
11. If
a client wants to use their own hosting provider and requires Spicer Designs to
configure the client's site on their hosting, Spicer Designs reserves the right
to charge at our standard hourly rate for administration costs for this
process.
12. Spicer
Designs cannot be held responsible for anything adversely affecting the
Client's business operation, sales, or profitability that might be claimed is a
result of a service offered by Spicer Designs.
13. Where
asked to provide search engine optimisation for a Client, Spicer Designs do not
guarantee any specific placement or high ranking on search engines.
14. Spicer
Designs will provide the Client with an expected completion date for the
Project (public on the internet) if requested. Spicer Designs will endeavour to
meet any given deadline, but do not guarantee and are not bound in any way to
complete the Project by this date. The expected completion date provided by any
employee of Spicer Designs is purely an estimate.
15. The
Client shall not be charged for Open Source Software. If there is a charge for
a website using Open Source Software, the Client is paying for the installation
time. Open Source Software is not owned by Spicer Designs or the Client.
16. Unless
by prior written agreement, the client is forbidden from re-selling or
duplicating software & scripts for any other purpose than the usage for the
site created by Spicer Designs
17. Spicer
Designs owns all design and code of the website until final payment has been
received in full. Once final payment is received, the Client will then own the
design and code of the website and Spicer Designs will retain the copyright,
unless Open Source Software is used. Images will have been purchased by Spicer
Designs for the Client, unless the images have been supplied by the Client.
18. All
images displayed on the Client's website will only be used after authorisation
by the Client, and are the sole responsibility of the Client regarding usage
and copyright. Should any legal issues or claims arise from the content or
copyright of any images supplied by the Client or Spicer Designs, they will be
the sole responsibility of the Client.
19. Domain
names will be registered by Spicer Designs and also registered to the Spicer
Designs current address. Although the domain names are registered to Spicer
Designs, the Client is the legal owner of the domain and if they request to
have details changed or the domain transferred elsewhere, Spicer Designs will
do this within a reasonable time frame.
20. It
is the responsibility of the Client to renew their domain names when due. If a
domain name expires Spicer Designs cannot be held liable for this. However, Spicer
Designs will make reasonable effort to contact the Client regarding domain
renewal.
21. When
a Client renews Hosting with Spicer Designs, this also includes domain renewal
if the renewal is needed to keep the site functioning and was purchased as part
of the Hosting package. If the Client does not renew the Hosting, their domain
name could be made available to the public for purchase and Spicer Designs
cannot be held liable for this.
22. Renewal
of Hosting is due on a yearly basis. The date of renewal will be annually from
the date the website was ordered by the Client. The Hosting will not be renewed
if Spicer Designs cannot contact the Client or the Client requests for Spicer
Designs to not host this site. This will also affect the domain as per item 20.
23. The
Hosting renewal charge must be received within 10 days of the Hosting expiry
date. Spicer Designs reserve the right to deactivate any website where the
Hosting has expired and the Client has not paid the renewal charge. There will
be an administration fee set by Spicer Designs for reactivating the website/Hosting.
24. If
the Client does not use Spicer Designs Hosting services, then the management
and Hosting of the Domain name are the full responsibility of the Client.
25. Should
a Client wish to move Hosting away from Spicer Designs or transfer a Domain
name away from Spicer Designs, an administration charge will be issued, which
must be paid before the transfer takes place.
26. Spicer
Designs has no control of, or responsibility for, the content of Clients'
websites. In no way does the textual or image based Content of our Client's web
sites constitute Spicer Designs endorsement, or approval of the website or the
material contained within the website. Spicer Designs has not verified any of
the materials, images or information contained within our Client's web sites and
is not responsible for the content or performance of these sites or for the
Client's transactions with them. Spicer Designs provides links or references to our Client's websites solely for the
convenience of prospective customers and intends that the links it provides be
current and accurate, but does not guarantee or warrant that such links will
point to the intended Client site at all times.
27. Spicer
Designs operates a "zero tolerance" policy for spam. We will discuss
with you the correct and safe usage of mailing lists, but if we receive any
notification of spamming we will instantly remove your site from our server and
will cease to offer hosting for your site. We and the commercial internet world
take the problems caused by spam extremely seriously. If any of our managed
websites are reported for spamming then ALL our customers' websites will be
excluded from sending e-mail until the offending spammer is removed from our
servers. For this reason we have to adopt a "zero tolerance" policy
with no right for appeal.(see hosting terms)
28. Logo
designs included within the packages are text based logos with the inclusion of
imagery supplied by the client or images from our stock imagery. Spicer Designs will not alter the images beyond what is
supplied
29. Stock
imagery included within the packages is limited to a maximum number of 25
images per order. Additional stock images can be supplied at the clients
request and are charged at cost.
30. Unless
individually specified in the quotation, Spicer Designs will provide the functionality
of the site as fit for purposes for all users to easily use the site in a
methodical work flow manner. We reserve the right to charge appropriately if
the client wishes to deviate away from this after the site is built.
31. Spicer
Designs will not proceed from the design stage to the website build stage until
all text and images have been received from the client. If a site includes a
content management system, then Spicer Designs will proceed with the build of a site if the client confirms in writing
they happy to receive and make final payment for their site without the content
and will have full responsibility for adding the content themselves
32. It
is the client's responsibility to provide all the content for the website
except for stock imagery supplied by Spicer Designs.
33. Spicer
Designs are not liable for loss, damage or corruption to files or information
stored on its servers or individual PCs relating to a Client's website. The
Client is solely responsible for any information or files relating to its
website.
34. If
a Domain name is purchased by the Client through a company other than Spicer
Designs, the Client has full responsibility in making sure that the domain name
is renewed when due. Spicer Designs will
not renew the Domain name when annual Hosting renewal is due if the Domain name
is purchased through a company other than Spicer Designs
35. Spicer
Designs reserves the right to cancel the order of a client's site and the
deposit will be refunded to the client.
36. Final
payment is strictly payable within 30 (thirty) days after the review period is
completed. Spicer Designs reserves the
right to charge under The Late Payment of Commercial Dept (Interest) Act 1998
to charge an administration fee of £15 per month or 8% above the Bank of
England base rate for the term of the outstanding debt whichever is greater
37. Spicer
Designs makes no claims that the contents of this website may be lawfully
viewed or downloaded outside England and Wales. Access to this website may not
be legal by certain persons or in certain countries. If this website is
accessed from outside of the United Kingdom, it is done at own risk and the
visitor is responsible for compliance with the relevant laws of the visitor's
jurisdiction. The terms and conditions of this website are governed by the laws
of England and Wales. Jurisdiction for any claims arising in respect of this
website's Content shall lie exclusively with the courts of England. If any
provision of these terms and conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these terms and conditions,
which shall remain in full force and effect.
