It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Webterior are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Webterior reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Unless agreed otherwise with the Client, all website design services require an advance payment of 25%. After design sign off and before we move into programming, we collect a further 25%. Once we have completed and fulfilled our scope, the final 50% is collected and your website is then scheduled for launch.
Webterior will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Webterior otherwise within ten (10) days of the date the materials are made available to the Client.
TURNAROUND TIME & CONTENT CONTROL
Webterior will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Webterior receiving initial payment, unless a delay is specifically requested by the Client and agreed by Webterior. In return, the Client agrees to delegate a single individual as a primary contact to aid Webterior with progressing the commission in a satisfactory and expedient manner. During the project, Webterior will require the Client to provide website content; text, images, movies and sound files
FAILURE TO PROVIDE REQUIRED CONTENT
Webterior is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. This is why we ask that you provide all the required information in advance.
On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently. If you agree to provide us with the required information and subsequently fail to do within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Client agrees to reimburse Webterior for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
Webterior makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Webterior cannot guarantee correct functionality with all browser software across different operating systems. Webterior cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Webterior reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
A link to Webterior will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a fixed fee of £150 will be applied. The Client also agrees that the website developed for the Client may be presented in our portfolio.
Webterior cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Webterior the rights to publish and use such material. 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 Webterior permission and rights for use of the same and agrees to indemnify and hold harmless Webterior from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
A contract for website design and/or placement shall be regarded as a guarantee by the Client to Webterior that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. If you request for your website to be transferred to another Website Design company we will no longer provide theme, plugin or security updates.
If the Client’s website is to be installed on a third-party server, Webterior must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
All non-UK domains are provisioned through our registrar partner KRYSTAL. As such we cannot guarantee the availability of a particular domain, however any charges incurred in the registration of a domain which is subsequently found to be unavailable will be refunded in full. Both UK and non-UK domains are provisioned through third-party registrars.
Please note that the registrars may reject a registration if invalid information is provided at the time of order. All TLDs and ccTLDs have differing validation requirements which are also subject to change. As such we are not responsible for the validation of such data and it is your responsibility to check that a domain registration has been completed by the receipt of a ‘domain registration confirmation’ email.
In the unlikely event a domain is rejected by the registrar, you will not receive such an email and we would need to be alerted to investigate this with the registrar directly and process the registration manually. Webterior may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client.
The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Webterior. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. All domains are renewed on an annual basis, we will send out reminder emails in advance of their expiry. We will send the emails to the email address on the account, it is your responsibility to make sure the contact details are up to date.
We take no responsibility if your domain renewal fails due to your contact details being incorrect. If you do not wish to renew a domain please make sure you contact us a minimum of 14 days before your domain expires by emailing us at email@example.com or by raising a support ticket via the Client Portal.
All domains will be billed in advance of expiry and renewed once payment is received. If you have set up an automatic payment, this will be done automatically. If you do not renew your domain before its expiry date it will have all services we provide suspended and you will have up to 30 days (protected period) after to renew the domain name at the original renewal fee. After 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee of £80 + VAT. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar. We will not guarantee the renewal of a domain name.
BANDWIDTH/DISK SPACE USAGE
With the exception of our Non-Profit & Promo hosting plans we operate an ‘unlimited’ service, meaning we do not actively limit your account on disk space or bandwidth. However, this is subject to fair use and any customer using an amount of monthly bandwidth or disk space deemed excessive in comparison to the average usage by other customers on our platform may, at our discretion, be advised to upgrade to a bespoke solution and billed accordingly.
We provision very large disks for our shared platforms, but no physical or virtual server can have an “unlimited” disk size due to limitations in both hardware and software. We will not let this hinder your usage, but it will mean that if you are operating a large account we may require that your account is moved to a server where it can be more easily accommodated without impacting other customers, or that your account is split over several shared servers. We would not charge for doing so and would always provide the information and tools necessary for you to operate your service. We reserve the right to do this at our discretion. However, refusal to co-operate with an account move request will result in account suspension and/or termination as we must ultimately ensure platform stability and service delivery at all times.
Any attempt to undermine or cause harm to a server or customer of Webterior is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
We take backups of all data related to your hosting account. However, it is your responsibility to ensure that your own data is backed-up regularly to your own computer or another service via appropriate methods. We will not be held responsible or liable for any data that cannot be retrieved in the event of deletion, failed software installations, account termination, hardware failures, staff or user error and other events which may cause data loss.
We cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services and software provided by us are resold. Thus, certain equipment, routing, software and programming used by us are not directly owned or written by Webterior (examples include cPanel management and WHMCS billing software). Moreover, we hold no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, at our discretion.
We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going offline or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from hosting servers; loss of service or any costs incurred due to a configuration or service issue resulting from our provided services. All damages shall be limited to the immediate termination of service.
CANCELLATION AND REFUNDS
If you no longer wish to continue with your hosting, please submit a cancellation at least 7 days before your services are due to be renewed. Your account will only be deemed as terminated once all outstanding balances have been paid in full. Domains will only be considered for transfer once all balances have been settled, we will not charge you for transferring a domain(s) away to another registrar’s tag. The customer acknowledges that, termination of the agreement for any reason will result in us ceasing to provide the applicable services, with the consequences that flow from such cessation, including (but not limited to), deletion of data e.g. hosting account(s) and mailboxes.
When an invoice is delivered to the client, payment shall be remitted to us by no later than the specified payment due date. We shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. We do not record or store customer credit/debit card data. It is your responsibility to ensure that you have sufficient funds to cover any transactions.
Failure to make payment will result in up to three overdue notices being submitted to you before your account is suspended and/or terminated. Accounts suspended for non-payment are liable for termination without notice. You can pay invoices online using a credit/debit card, to do this log into the Client Portal.
All Cheques should be made payable to Jack Vockins and sent to: 18 Drews Court, Churchdown, Gloucester, GL3 2LD.
BACS Transfer is also available upon request.