TRdesigns Terms & Conditions / Disclaimer
1.1 All websites designed by TRdesigns will have a link to www.trdesigns.co.uk on every webpage: Web Designer TRdesigns
1.2 Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and TRdesigns. Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts these terms and conditions. It is up to the client to carefully read and understand the terms and conditions below.
1.3 Material: All material supplied by the client shall remain the client’s property. It will be assumed that this material belongs to the client and that it does not breach any copyright laws.
1.4 Registration Charges: All third party costs arising from the registration of a domain name shall be met by the Client. Where TRdesigns has registered this domain name on the client’s behalf TRdesigns agree to transfer this domain name to the client upon request.
1.5 Intellectual Copyright: TRdesigns will retain the copyright of any material, including the source code, created for the client by TRdesigns until payment of the final invoice. At this time it will become the property of the client.
1.6 Search Engine Promotion: TRdesigns are not responsible for the client’s on-going web site promotion. Should the client require the website to be promoted on an ongoing basis a separate contract must be agreed. The client will need to make regular changes to text and images to help with the search engine placement. TRdesigns can make no guarantee about the success of any search engine submissions activity because this is controlled by the search engines.
1.7 Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
1.8 Travel Time and Expenses: Travelling time to and from customer premises is not generally included in our estimate. TRdesigns reserve the right to make a charge for travelling time at our normal hourly rates.
1.9 Quotations: The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required, as the site is developed, then we will accept these changes subject to any agreed changes to both timescale and cost.
1.10 Advance Payment: An advance of 50% of the total cost of the project is required before work can commence. After work commences this is non-refundable.
1.11 Payment terms: Payment is currently accepted by cheque in UK Pounds Sterling and bank transfer unless otherwise agreed. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.
1.12 Payment: By making payment you agree to TRdesigns terms and conditions. Amounts for services indicated on invoices are non-negotiable or refundable after payment has been received. Payment of any balance will be due within 30 days of final invoice date. Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of £50 will be required to have the site restored.
1.13 Future Support/Maintenance: The website is provided to and accepted by the client as a fully functioning, completed work. TRdesigns is not responsible for future support. This can normally be provided upon request and for an agreed fee. There can be no guarantee of future support unless an ongoing maintenance/support package is negotiated. Website maintenance plans are designed for minor adjustments, monthly newsletters through to a complete re-design of your website. Maintenance plans are not designed for the use in new website creation. Maintenance plans can only be used on a individual clients website and is not transferable.
1.14 Future Problems: Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is unlikely that these will affect your website, and TRdesigns will endeavour to protect it from this as much as we can during its creation, but we cannot be held responsible for problems that develop on sites after we have handed them over to the client.
2. Website Hosting and E-mail
2.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2. You shall effect and maintain backups of your own data and adequate insurance cover in respect of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
2.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.3.3 any bulk e-mail send from our network must specifically only be send to recipients who have subscribed themselves into a double opt-in mailing list. All mailings will also include opt-out instructions. You will not however promote a site hosted on our network using unsolicited email or newsgroup postings.
2.3.4 you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
2.3.5 any file you store on the Server will be reachable via a hyperlink from a page on your site.
2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, illegal MP3's or adult content not allowed under UK law.
2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
2.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.7 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.8 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
2.9 Any access to other networks connected to TRdesigns must comply with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
2.11 If you are using our servers for sending mail (either by script or SMTP), you are liable for all consequences and costs incurred for misuse of this facility in the event that your account is abused and our servers are blacklisted on any SPAM databases.
2.12 In the event of an account being downgraded, we reserve the right to re-allocate the server that the account is located on.
2.13 You are responsible for all usage of your account. Any scripts (including those installed via the Powertools that we provide) that you may be running on your account are your responsibility alone to keep up to date with the latest versions to ensure that your website does not become compromised. In the event that you have not taken reasonable efforts to ensure your site is secure and therefore the exploitation of your site then causes any impact on the normal running of a server then you will be liable for all costs involved for us in dealing with this matter.
2.14 If the customer does not renew the Services the hosting will expire and your site will no longer be live. Once hosting has expired, it will be possible to reinstate your website for a period of 30 days subject to TRdesigns terms. After 60 days of none payment your site will be permanently deleted.
3. Service Availability
3.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
3.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
4.1 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. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
4.2 Payment is due each year following the date the Services were established until closure notice is given.
4.3 All payments must be in UK Pounds Sterling.
4.4 If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.
4.5 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. All accounts will be deleted in 60 days after expiration of services.
5.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.3 No refunds will be made for Services suspended in accordance with 5.1, 5.2
TRdesigns will not be responsible for any damages your business may suffer. TRdesigns makes no warranties of any kind, expressed or implied for services we provide. TRdesigns disclaims any warranty or merchantability or fitness for a particular purpose or service This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by TRdesigns. TRdesigns reserves the right to revise its terms & policies without notice at any time.
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