1.1 The contract between Xpertweb 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. CONTACT METHOD
2.1 Email will be the method of contact with regard to all communication for the website design & development. It is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. Xpertweb cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. Xpertweb will acknowledge all emails within 3 working days.
2.2 If a customer’s conduct via telephone is considered unreasonable we will insist on email communication only. Xpertweb reserve the right to cancel a contract should customer contact be in breach of our anti-harassment policy (*). Calls made to our office and mobiles are monitored and recorded.
3.1 The Client shall pay Xpertweb a yearly fee of £60 for hosting the Web Site. If your website demands a lot of resources then the charge will be £100 per year, this cost will be provided on your website proposal.
3.2 All fees payable by the Client to Xpertweb shall be paid in full, without set off or deduction. Xpertweb reserves the right to suspend or terminate hosting services if fees are not paid on or before the due date.
3.3 If the Client does not use Xpertweb hosting services, then the management and hosting of the domain name are the full responsibility of the Client.
3.4 Should the Client wish to transfer their website hosting away from Xpertweb, a £30 admin charge will be issued, which must be paid before the transfer takes place. Once the website files have been sent the domain hosting will be terminated within 24 hours.
3.5 Should a website need to be restored due to a Client error or mistake, a £30 restore charge will be issued and must be paid prior to the restore.
3.6 No access will be granted to our server under any circumstances.
4. DOMAIN NAMES
4.1 Domain names will be registered by Xpertweb and also registered to Xpertweb current address. Although the domain names are registered to Xpertweb, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Xpertweb will do this within a reasonable timeframe.
4.2 It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Xpertweb cannot be held liable for this. However, Xpertweb will make reasonable effort to contact the Client regarding domain renewal.
4.3 If the Client does not use Xpertweb to register the domain name, then the management of the domain name will be the full responsibility of the Client.
5. SEARCH ENGINE OPTIMISATION (SEO)
5.1 Where asked to provide search engine optimisation for a Client, Xpertweb do not guarantee any specific placement or high ranking on search engines.
5.2 Xpertweb do not take any responsibility for the Client’s website rank on search engines. Every effort will be made to achieve the best possible ranking for any specified keyword or phrase, but Xpertweb shall not be held accountable for circumstances beyond our control, such as search engine algorithm shifting, search engine flux or other anomalies.
6.1 The Client shall make a non-refundable Preliminary Payment of 40% of the total project cost or £100, whichever is greater by way of deposit prior to the commencement of provision of the Services. No work shall begin until the Preliminary Payment is received by Xpertweb.
6.2 The remainder of the Quoted Price shall be payable on completion.
6.3 Xpertweb and the Client agree that costs incurred by Xpertweb through services that are supplementary or incidental to the performance of the Services that are not included in the Project Proposal shall be paid in arrears by the Client to Xpertweb. Xpertweb shall not use such services without the prior consent of the Client.
6.4 Xpertweb reserves the right to suspend provision of the Services in the event that any amounts due from the Client are not paid on time. Provision of the Services shall resume upon receipt of cleared funds amounting to all amounts due by Xpertweb. Xpertweb shall not be liable for any project delays occasioned by the Client’s failure to make required payments on time.
6.5 The Client shall pay all required sums upon receipt of invoices for the same. In the event that invoices remain unpaid for 7 days after invoice due date, the amount due will be subject to a £40 late fee.
6.6 All payments must be made by the Client before the invoice due date, unless agreed otherwise by Xpertweb. If an invoice remains unpaid after due date, Xpertweb reserves the right to close any website associated with the Customer. If an invoice remains unpaid after 30 days, Xpertweb may begin legal proceedings to reclaim all costs.
6.7 If any project is postponed or cancelled after the initial design is complete, all work shall continue to be invoiced in full and completed according to the Customers’ continuation date.
7. OWNERSHIP OF SITE MATERIALS
7.1 Xpertweb shall retain legal ownership of all Site Materials created by them under this Agreement until all charges are paid in full by the Client. Upon receipt by Xpertweb of all sums due, legal ownership shall be immediately assigned to the Client.
7.2 The Client shall retain ownership of all Site Materials owned by them prior to entering into this Agreement. No property shall be assigned to Xpertweb by the Client at any time.
8. INTELLECTUAL PROPERTY
8.1 All Site Materials provided by the Client and the copyright, design rights and trademarks therein shall remain the property of the Client. Xpertweb shall use such Site Materials under licence for the sole purpose of providing the Services to the Client.
8.2 The Client warrants that they have obtained all relevant permissions and rights for the use of any Site Material that they provide that are owned by, or were otherwise created by, a third party.
8.3 The Client agrees to fully indemnify and hold Xpertweb free from any and all claims for intellectual property infringement that may arise out of the Client’s failure to obtain the required permissions and rights for the use of any Site Material provided.
9.1 Where images used on the website have been purchased by Xpertweb on behalf of the Client, these images are strictly for use on the website only. Xpertweb 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.
10. OPEN SOURCE SOFTWARE
10.1 It is the Client’s responsibility to check with Xpertweb whether Open Source Software is being used or not.
10.2 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 Xpertweb or the Client.
11.1 Xpertweb reserve the right to employ any individual, company or firm to carry out work relating to any project.
12.1 Xpertweb and the Client hereby agree that time shall not be of the essence. Xpertweb shall provide a completion time in the Project Proposal but shall not be responsible for any project over-runs, irrespective of the cause.
12.2 Website updates will be completed in the order they were received and will be completed within 5 workings days from the Client accepting our quote. Advanced or complex development may take longer to complete.
13.1 Xpertweb shall place a text link on the footer of the Clients website that simply states the website was designed by Xpertweb and links to our company website.
14. QUOTATIONS AND COSTS
14.1 Our quotes are valid for 21 days.
14.2 Our hourly rate for updates and maintenance is £25.00 p/hr and a minimum of 1 hour is charged. Any work outside an agreed list of deliverables, in the absence of a quote or due to author’s changes is charged at this rate.
15. FORCE MAJEURE
15.1 Neither Xpertweb or the Client to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control Xpertweb or the Client. Such causes include, but are not limited to, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of Xpertweb or the Client.
16. LAW AND JURISDICTION
16.1 This Agreement shall be governed by the laws of England and Wales.
16.2 Any dispute between the Parties relating to this Agreement shall be fall within the jurisdiction of the courts of England and Wales.
17. TERMS AND CONDITIONS
17.1 We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. All changes will be available to view both by request and online at http://www.xpertweb.co.uk/terms-conditions/
(*) Xpertweb will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only.