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Carnfield Terms & Conditions

Upon paying any money to Carnfield Web Design Ltd you are agreeing with our Terms and Conditions.  It is important that you fully read and understand our Terms and Conditions before starting and paying for any services from us.

Terminology:

  • A Project is any work undertaken or service provided by Carnfield Web Design Ltd for the Client on their request and as described in our confirmation order email to that Client.
  • A Client is a business, persons, person or organisation using any of the services provided by Carnfield Web Design Ltd.
  • Live Mode means the website is available on the Client’s chosen domain by all visitors.
  • A Domain is the website address as specified by the Client, such as yourwebsite.co.uk
  • Open Source Software is software made freely available to anyone under the GNU General Public License (GPL).
  • Web Hosting or Hosting is a yearly cost to keep a clients website activated online and accessible to the world.
  • The Content is both text and images that the Client requires on the website, usually the client is responsible for adding the content unless otherwise stated.
  • mb stands for megabytes and is a measure of storage space.

 

Carnfield Web Design Ltd Terms & Conditions

Last Updated: 28/11/2012

The contract between Carnfield Web Design Ltd 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.

The works to be carried out shall be as set out in the Carnfield Web Design Ltd confirmation order email.

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. Carnfield Web Design Ltd can not be held liable in any way relating to communication issues if we are not supplied a valid email address. Carnfield Web Design Ltd will acknowledge all emails within 3 working days. Our telephone support line is for website support issues only.

If a customer’s conduct via telephone is considered unreasonable we will insist on email communication only. Carnfield Web Design Ltd reserve the right to cancel a contract should customer contact be in breach of our anti-harassment policy (*).

Carnfield Web Design Ltd will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. There will then be a 25% payment required after the design has been agreed, The final 25% payment is to be made on completion of the website. The website will be switched to Live Mode once the Clients remaining balance is paid in full.

The deposit paid to Carnfield Web Design Ltd covers the cost of design work carried out as well as any admin work and communication with Carnfield Web Design Ltd. The deposit is non refundable.

Any unlimited design revisions offered by Carnfield Web Design Ltd end when the client makes the final 50% payment after the initial 50% deposit. Design changes beyond this point are subject to additional charges.

Carnfield Web Design Ltd shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.

Carnfield Web Design Ltd will do everything in it’s power to ensure a clients website meets all current legal requirements, however it is the full responsibility of the client to ensure their website is fully complaint with the law.  This include company number and registered address in email signatures and on the website.

Carnfield Web Design Ltd will not host any website with illegal content.

It is important for the Client to keep in contact with Carnfield Web Design Ltd throughout the entire Project. If a Client does not make contact for 4 weeks we will make up to 3 attempts to contact the client by email using the email address specified when the client place their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. We will levy a minimum of £100 admin charge if the client later returns and wishes to continue work on their project.

All photography / video / media and written content on a Clients website and any licenses for it is the sole responsibility of the Client, regardless of who added it and when.

If one of our Clients is using your Media without license then please contact:  [email protected]

And we will remove the content within 12 business hours until the Client can produce proof of ownership.

On rare occasions where images used on the website have been purchased by Carnfield Web Design Ltd on behalf of the Client, these images are strictly for use on the specified website only. Carnfield Web Design Ltd 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.

Carnfield Web Design Ltd will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Carnfield Web Design Ltd will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.

Carnfield Web Design Ltd cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by Carnfield Web Design Ltd.

Where asked to provide search engine optimisation for a Client, Carnfield Web Design Ltd do not guarantee any specific placement or high ranking on search engines.

Carnfield Web Design Ltd do not take any responsibility for a clients website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a clients website, there could be a change in the websites search engine ranking.

Carnfield Web Design Ltd will provide the Client with an expected completion date for the Project (live on the internet) if requested. Carnfield Web Design Ltd will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Carnfield Web Design Ltd is purely an estimate.

It is the Client’s responsibility to check with Carnfield Web Design Ltd whether Open Source Software is being used or not.

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 Carnfield Web Design Ltd or the Client.

Carnfield Web Design Ltd own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used.

All images displayed on the Client’s website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Carnfield Web Design Ltd, they will be the sole responsibility of the Client.

Domain names will be registered by Carnfield Web Design Ltd and also registered to the Carnfield Web Design Ltd current address. Although the domain names are registered to Carnfield Web Design Ltd , the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Carnfield Web Design Ltd will do this within a reasonable timeframe.

A domain name will be registered by Carnfield Web Design Ltd on behalf of the client once an agreement has been made.

It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Carnfield Web Design Ltd can not be held liable for this. However, Carnfield Web Design Ltd will make reasonable effort to contact the Client regarding domain renewal.

When a Client renews Hosting with Carnfield Web Design Ltd , this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Carnfield Web Design Ltd can not be held liable for this.

Renewal of Hosting is due on a yearly basis, unless we have agree’d a monthly payment plan. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if Carnfield Web Design Ltd cannot contact the Client or the Client requests for Carnfield Web Design Ltd to not host this site. This will also affect the domain as per item 23.

The Hosting renewal charge must be received within 7 days of the Hosting expiry date. Carnfield Web Design Ltd reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Carnfield Web Design Ltd for reactivating the website/Hosting, your hosting account will be deleted and all data unrecoverable after 90 days.

If the Client does not use Carnfield Web Design Ltd Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.

Should a Client wish to move Hosting away from Carnfield Web Design Ltd or transfer a Domain name away from Carnfield Web Design Ltd, a £50 admin charge will be issued, which must be paid before the transfer takes place.

Carnfield Web Design Ltd has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client’s web sites constitute Carnfield Web Design Ltd endorsement, or approval of the website or the material contained within the website. Carnfield Web Design Ltd has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. Carnfield Web Design Ltd provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.

Carnfield Web Design shall place a small text link on the footer of a Clients website that simply states the website was designed and developed by Carnfield Web Design Ltd and links to our company website.

Carnfield Web Design Ltd are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.

If a Domain name is purchased by the Client through a company other than Carnfield Web Design Ltd, the Client has full responsibility in making sure that the domain name is renewed when due. Carnfield Web Design Ltd will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Carnfield Web Design Ltd.

Carnfield Web Design Ltd makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

NOTE: Carnfield Web Design Ltd will not tolerate any form of harassment against it’s 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.

 

Blog Terms and Disclaimer

Last Updated: 28/11/2012 

The posts on our blog are used for educational purposes only, and why may provide a fix for some people, may also damage or harm other peoples systems.  Whilst every effort is made to ensure we post safe, and advise you to stay safe online we cannot hold any responsibility for any damage that may arise to you, your computer / system or your website by following any instructions, guides or how to’s from the blog section of our website.

 

Software, Limitations and Expectations

Last Updated: 27/01/2017 

When building a customer website we will generally link to the software used to create your website. For example if we are building eCommerce we may use Magento or OpenCart; for WordPress eCommerce and Membership we may use WooCommerce and plugins purchased from them.

Whilst we make every effort to fully ensure that all your requirements are met; we link to said products and ask you to confirm they are suitable for your needs, it is therefore up to the customer to check themselves and confirm that it’s sufficient – or inform us that it’s not.  Since we cannot get refunds for the majority of software; plugins or modifications we will take that confirmation as acceptance that indeed the proposed software; plugin or modification is acceptable and meets the customers needs.

Any functionality not included in the original quote or invoice will not be included in the final website; unless the extra work cost has been accepted by the customer.