Revised, 20th January 2009
These terms and conditions set out the agreement between you (the customer) and us (Suffolk Web Design)
Suffolk Web Design host web sites for customers in accordance with our particular set of services set out in our attached proposal or schedule of services and extra agreements. In the absence of a proposal the terms and conditions of hosting are specified in this agreement.
We will host your site and make best efforts for it to be available on the World Wide Web (WWW). The WWW is comprised of many networks and connections outside of Suffolk Web Design control and we can in no way guarantee availability of a site at any time. Suffolk Web Design offer two levels of service:
Suffolk Web Design can in no way be held responsible for any damage to a companies business by a web site or services such as email or FTP being unavailable.
Suffolk Web Design will back up a customer's site onto backup media on a daily and weekly basis. In the case of failure of equipment or networks, we will make best efforts to restore the connection to the web as soon as possible.
Access to a web site, email or FTP is via an ISP (Internet Services Provider). Suffolk Web Design cannot be held responsible for any of the policies or actions of an ISP and the customer must be prepared to change ISP if the service of their current supplier no longer works with Suffolk Web Designs systems.
All web design options produced by Suffolk Web Design may be altered twice without charge. Any design alterations after the design has had client sign off, will be chargeable.
Domain names can be purchased on behalf of customers. The hosting of these domain names can also be performed by us both with and without a web site attached. It is the responsibility of the customer to ensure that a domain name does not infringe any trademarks or copyrights and indemnifies us against any action that may be taken to recover a domain name. Transfer of a domain name and any cost ensuing including legal cost will be the responsibility of the customer. Ownership of a domain name will not be passed to the customer until all outstanding payments are made. The ownership of a domain name passes to Suffolk Web Design if all no disputed debts are overdue by more than 120 days.
We will hold a domain name on behalf of a customer and will direct that domain name to both a web site and email and FTP accounts. The domain name may be transferred to another company at any time at the standard charge prevailing at the time, providing all payments of outstanding accounts are complete.
All fees for web sites, email and FTP sites are payable yearly in advance. Notice may be given up to 1 month before the anniversary of the hosting otherwise it will be assumed that the hosting will continue for another year at the prevailing rate. We will be fully entitled to suspend a service if an account is more than 30 days overdue without any further notice.
Consequences of the site and email being unavailable are the full responsibility of the customer. In the event of termination of the contract the unused portion of the fees paid for the year will be refunded by Suffolk Web Design.
Suffolk Web Design make every effort to make web sites hosted are available for the maximum amount of time, the servers will be down from time to time because of both routine maintenance and failure of operating and systems software. Suffolk Web Design do not guarantee that the web systems will be available at any particular time.
Suffolk Web Design provide a number of services to submit web sites to search engines. This agreement recognises that the nature of Search Engines change on a weekly basis. Suffolk Web Design shall not give any guarantees on the outcome of promotion of a domain name and web site to search engines. If a web site does not appear in a search engine for any reason the company will in no way be held responsible.
The information that you give, both us, and make available on the web both now and in the future is accurate and not in any way false, defamatory, libellous, indecent, obscene, misleading or offensive. We retain the right to amend or remove any information which we consider not accurate and in any way false, defamatory, libellous, indecent, obscene, misleading or offensive.
Your business and any other materials or information you provide to us do not infringe any law, regulations or rights including IPR of other people or organisations.
Agree to notify us and assist in providing a forecast of traffic likely to be directed to any web site. If the traffic volume more than doubles over a one month period without prior agreement we shall be within our rights to disconnect your site to protect the rest of our network from saturation.
The systems and pages designed to a customer's specification must comply with various differing country regulations. The customer indemnifies us against any action that may be brought because of infringement of regulations of another country.
Where information is taken from other sources or databases it is the responsibility of the customer to ensure that there is an agreement for supply of this information with the owner.
The customer is responsible for any final checking of content and user functionality before systems go live. Suffolk Web Design can in no way be held responsible for any consequence of a site not being checked before announcement. It is the responsibility of the customer to adequately check the site to their own satisfaction.
Where email or FTP services are provided the customer agrees to not use or attempt to use the account to send unsolicited email or "spam" in any way. Use of such email will result in immediate termination of all services.
All intellectual property rights in any design work specifically produced for the customer will be transferred to them on payment of final invoice. A license is issued to the customer for use of the systems and any applications produced for the hosting period on payment of the invoices for the project. As all systems are designed for Suffolk Web Design specific hosting environment, email, security, ecommerce and other systems, the systems will only be warranted to work on Suffolk Web Design hosting. On agreement and on further work some systems may be available on external hosts. In no circumstances will Suffolk Web Design allow its package modules be hosted on external system unless under the control of Suffolk Web Design in order to protect its IPR from copying.
All data stored on a web site is owned by the customer. This includes and databases of customers, suppliers, advertisements and documents. It is the responsibility of the customer to manage the rights under data protection of all data on the web site.
Images on a web site must have the correct rights to be used. Images can be sourced in a number of ways.� It is the responsibility of the customer to ensure imagery they supply can be used on
In no event (death or personal injury excepted) will the Company be liable to the Customer for any indirect, incidental or consequential damages arising out of the Services or any products provided under this Agreement, even if the Company has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion my not apply to the Customer.
The service may be terminated or suspended by Suffolk Web Design at any time where:
All terminations of services by Customer or Suffolk Web Design must also be communicated by a written notice.
Neither party shall be liable to the other if its performance of its obligations under this Agreement (other than an obligation to pay money) is prevented or hindered due to any circumstances outside its control.
Should any part of this agreement, for any reason, be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect. This agreement is governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdictions of the courts of England and Wales. This agreement shall be binding upon an inure to the benefit of each party and their respective heirs, successors and assigns.
It is the responsibility of the customer to register under the data protection act if necessary for the storage and transmission of data. Any data collected and transmitted on via the web site is the sole ownership of the customer and as such the customer is responsible for the legal use of that data.
