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Terms of Service

(Please ensure that you read and understand these conditions carefully.)

Web Design Terms

1.Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Cornish Web Solutions. Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document.

2.Clients Responsibilities with Regard to Copyright: In situations where the client provides images, text, animations or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by Cornish Web Solutions in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.

3.Registration Charges: All third party costs arising from the registration of a domain name shall be met by the Client. Cornish Web Solutions recommend that clients register their own domain names and hosting so that they have full ownership of these but where we have registered a domain name and hosting on the client’s behalf we agree to transfer this domain name and hosting to the client immediately upon request and without charge.

4.Search Engine Inclusion:
Cornish Web Solutions are not responsible for the client’s on-going web site promotion. We will submit the client’s site to the most popular search engines, free of charge. However sometimes URLs are not accepted or may take time. Cornish Web Solutions are not liable if a URL is not indexed in certain search engines.

5.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.

6.Failure to Provide Required Website Content: We are 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 other work (although this is highly unlikely to happen) 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 we cannot progress your website because you have not provided the required information when you have agreed to do so, and we are delayed as result, we reserve the right to impose a surcharge of up to 10%.

If you agree to provide us with the required information and subsequently fail to do within four weeks 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 (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.

7.Conceptualising: Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. For higher cost websites this will be included but for low cost sites (below £150) please bear in mind that unless previously agreed, only one concept is possible. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don’t do this we will design the website appropriately but if it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.

8.Quotations: The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated.

9. 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.

10. Payment terms: Payment is currently accepted by cheque, online debit/credit cards and Paypal in UK Pounds Sterling, 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 £20. All payments made on Paypal are on a secure site.

11. Payment: Payment of any balance outstanding 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 £40 will be required to have the site restored.

12. Late Payment:
Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding.

13. Future Support and Maintenance:
The website is provided to and accepted by the client as a fully functioning, completed work. Cornish Web Solutions can maintain your site for you after it is finished and published. Small changes e.g.: Change of address or contact details will be updated free of charge however major maintenance e.g. Changing the whole text on a page or completely updating a photo gallery will incur a small maintenance fee.

14. Future Site Problems:
Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website, and Cornish Web Solutions will endeavour to protect it from this as much as we can during its creation. We cannot be held responsible for problems that develop on completed sites as a result of illegal activity.

15. Compliance with Ecommerce, Accessibility or Other Regulations: We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company lawyer.

16. Right To Reject Submitted Work: Cornish Web Solutions withhold the right to reject any work that may be seen as or contain any obscene, violent, malicious, racist, discriminative, or otherwise ‘vulgar’ content.

Hosting and Domain Registration Terms

1. Cornish Web Solutions offers four different hosting packages. Once a client has paid for the package we will do our very best to get your account active as soon as possible. However it is not always possible to get this done straight away due to administration etc. Most hosting accounts will normally be activated within 2 working days. If your account is not activated within 5 working days, contact us immediately and we will try to get it done as soon as possible. Though it is our aim to provide an ongoing service to suit our customer’s needs we do reserve the right to terminate hosting accounts should this be necessary, we will give a minimum of 28 days notice and proportionally refund part of the annual fee paid (excluding the setup fee of £2.99).

1.1. Cancellation: If the client wishes to cancel their hosting package at anytime, Cornish Web Solutions will proportionally refund part of the annual fee already paid excluding the setup fee, however cancelling a hosting package within 2 months of subscription will incur a cancellation fee of 10% of the annual fee for the particular package that the client was on. (The cancellation fee will be subtracted from the refund returned)

1.2 Up Time: Cornish Web Solutions are not liable for any amount of downtime our clients experience from the servers. We rent our servers from a larger company; therefore it is beyond our control. However, the servers normally have an up time of about 99.9%.

1.3 Loss of Files/Data: When using our hosting service it is usually a good idea to make backup copies of all data and files on your hosting account. Sometimes Cornish Web Solutions will make backups in case of technical difficulties, but if data is lost (although highly unlikely) through a cause which is beyond our control we cannot be held responsible for this.

2 .0 Domain Name Registration and Domain Name Disputes

2.1
The Customer acknowledges that, whilst Cornish Web Solutions shall use its reasonable endeavours to successfully register the requested domain name(s) on behalf of the Customer, Cornish Web Solutions shall not be obliged to accept any request to register or continue to process any registration of a domain name.

2.2
The Customer agrees that the domain name(s) requested for registration by Cornish Web Solutions or any other domain name which the Customer uses in association with any Services provided by Cornish Web Solutions shall not infringe any Third party rights or Intellectual Property Rights.

2.3
The Customer shall, at all times when using Services provided by Cornish Web Solutions, abide by all the terms and conditions of the respective Naming Authority.

2.4
Cornish Web Solutions does not accept any responsibility nor does it make any warranty that the domain name(s) requested for registration by the Customer through Cornish Web Solutions shall be accepted by the respective Naming Authority nor available for registration by the Customer or any other Persons for whatever reason and Cornish Web Solutions shall not be liable whatsoever for any costs that the Customer may incur if the request for the registration of such domain name(s) is unsuccessful.

2.5
Cornish Web Solutions's obligations in relation to domain name registration shall be limited to forwarding the application to the relevant Naming Authority, providing reasonable administration services in relation to the application and notifying the Customer of the result of the application within a reasonable period after receipt by Cornish Web Solutions of the result of the application from the relevant Naming Authority.

2.6
Cornish Web Solutions shall not accept responsibility for any liability to any Third Party as a result of the requested registration of a domain name(s) by the Customer, or any other domain name(s) used in conjunction with any Services by the Customer, where such use or registration is in breach of any Third Party's Intellectual Property Rights.

2.7
Cornish Web Solutions reserves the right, at its sole discretion, to suspend, postpone or cancel any request to register a domain name(s) in the event that:

2.7.1
the Customer has materially breached this Agreement or where Cornish Web Solutions believes that it is the Customerís intention to breach this Agreement; or

2.7.2
there are Outstanding Charges.

2.8
The Customer acknowledges that, should any disputes arise out of the registration of any domain name(s), Cornish Web Solutions is acting under instruction by the Customer and therefore the Customer shall resolve any disputes in accordance with the respective Naming Authority's dispute resolution policies:

2.8.1
Nominet - http://www.nominet.org.uk/disputes/ - for all .uk domains;

2.8.2
ICANN - http://www.icann.org/udrp/ - for .com, .net .org, .info, .biz, .name, .tv, and .cc; and

2.8.3
Central NIC - http://www.centralnic.com/support/dispute - .uk.com, .uk.net, .gb.com, .gb.net, .de.com, .us.com, .eu.com.

2.8.4
MOBI domains - http://www.icann.org/udrp/udrp.htm


By agreeing to these terms and conditions your statutory rights are not affected.

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