For the purposes of these Terms and Conditions, the following definitions apply:
Order date
Is the date we receive an electronic order via our site or E-Mail or the date we receive your deposit. Which ever is the earliest.
Delivery date
Is the date at which we inform you that the website is available for proofing.
Live date
Is the date at which point your website was uploaded to your web space in a completed state.
Web Design - Terms and Conditions
The use of web design services from Waterside Designs constitutes your agreement to these terms
Statutory rights
These terms and conditions do not affect your statutory rights.
Pricing
Waterside Designs will only commence work on a project after receipt of 25% deposit of the quoted project fee from the client. The final 75% payment is to be made on completion of the website and before the site is handed over to the client. The website will be considered live once the clients remaining balance is paid in full. In instances where the website has to be made live before full payment has been received, the website shall remain the property of Waterside Designs until full payment has been received.
Delivery
Waterside Designs will provide the client with an expected project completion date (live on the internet) if requested. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date.
Cancellation rights
Either of us shall have the right to terminate any contract between us without reason or penalty within 7 days from the date of the order. In the event of termination we shall refund to you all sums paid by you to us within 30 days from the date of cancellation. We cannot refund hosting, domain fees, premium template costs or any software purchased on your behalf.
Minor changes Once your pages have been uploaded you have a period of 60 days in which Waterside Designs will correct any spelling mistakes or grammar errors free of charge. After this period standard charges apply.
Payment policy
An invoice will be issued up to the total value of the order after either the site has been approved by you or a period of 7 days have passed since we have completed your order and you have been asked to approve the site. We retain the right to remove a site should any invoice remain outstanding for more than 30 days.
Payment methods
Payments for all work should be made by cheque, credit or debit card. Cheque's should be crossed, in UK sterling, made payable to Waterside Designs and posted to the address on the contact us page.
Refusal
We do NOT accept any illegal sites or data. Waterside Designs 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 within UK law. It is important that the website is not in anyway illegal. We retain the right to refuse any customers order.
Ownership
Waterside Designs 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. Where images used on the website have been purchased by Waterside Designs on behalf of the client, these images are strictly for use on the website only. Waterside Designs 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.
Updates We will alter / correct any text and make minor changes to your website free of charge for a period of 60 days from the date the site went live, after this period our standard maintenance charges apply.
Renewal Charges Your site includes a domain name which, for UK domains, is free for the first two years and free for one year if a US domain. Hosting is also free for the first year. It is the responsibility of the client to renew their domain names when due. If a domain name expires. Waterside Designs can not be held liable for this. However, Waterside Designs will make reasonable effort to contact the client regarding domain and hosting renewal.
If a domain name is purchased by the client through a company other than Waterside Designs, the client has full responsibility in making sure that the domain name is renewed when due.
Complaints
The Contract between us shall be governed by the laws of England and any dispute will be resolved exclusively in the courts of England. We operate a complaints handing procedure which we will use to try to resolve disputes when they first arise. If you have a complaint contact us by clicking Here.
Enforcement
Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of these terms and conditions.
Indemnification
The Customer agrees that it shall defend, indemnify, save and hold Waterside Designs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Waterside Designs, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Waterside Designs against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Waterside Designs; (2) Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Waterside Designs; (5) Any damage caused by computer viruses not identified and intercepted by our software.
Force Majeure
The Company shall not be liable in respect of any shortage or failure to supply goods where such shortage of or failure is due to act of God or any other reason beyond the control of the Company and the Company in such circumstances will not be liable in respect of any consequential loss to the Purchaser.
Terms and conditions changes
These terms and conditions are subject to change at any time without prior notice to you.
Hosting - Terms and Conditions
Having Waterside Designs host your website constitutes your agreement to these terms
1.) Waterside Designs and its suppliers take no responsibility for any information loaded to our customers accounts or web sites. If it is brought to our attention, and we deem the material to be inappropriate, we will suspend the customer's service on accounts or web sites, until any illegal or inappropriate data is removed.
2.) The customer will fully indemnify Waterside Designs and its suppliers against liability (of any nature), which may befall Waterside Designs and its suppliers as a result of the customers illegal use of our services.
3.) Refunds are only available, if the level of service provided to the customer by Waterside Designs is determined unsatisfactory by the staff of Waterside Designs. No refunds are available if the customer wishes to cancel their account for any other reason. An administration fee of £5.00 + vat may become due to cover bank and credit card charges.
4.) Customers shall not provide copyrighted materials without authorisation, provide obscene or offensive material (e.g. pornographic), provide material whose nature and/or volume compromises the ability of our servers to serve other customers' web sites (instances including but not limited to unreasonable consumption of disk space, Internet link bandwidth, CPU, and memory usage, provide materials that are deemed by the government authorities as inappropriate or illegal. Any such government determinations will be binding on the customer, not Waterside Designs.
5.) Waterside Designs may not wish to host web sites, including but not limited to the following content, adult, games, mobile phone ring tones or logos, computer games, celebrities, warez, web sites owned by any customer under 18 years of age, sites with web cams.
6.) Spamming or any type of unsolicited commercial or non-commercial email, is strictly prohibited, and your account may be suspended if you are found to be doing so.
7.) Monthly bandwidth allowance is stated as un metered. However, if we feel that a customer is using excessive amounts of bandwidth, and is affecting the service we provide to our other customers, then we reserve the right to cancel their hosting package and offer them a full refund less any domain name registration fees. Any sites running mySQL bulletin boards, message forums or Chat services are limited to 3Gb of bandwidth per month. Additional bandwidth fees may be applied.
8.) It is advisable, that if you want to use forums on your web site, you use a php/mysql solution, there are many free forum programs that can be installed. Perl or CGI forums are slow and inefficient. If Waterside Designs deems necessary, the customer can be asked to remove their forums or asked to switch to a php/mysql solution.
9.) Multimedia file types, limited in size to 1Mb, including but not limited to .mov, .avi, .mp3, .wav, .rm, .ram, .wmp, .zip are permissible but sites using these file types will be monitored, and if necessary 4 and 7 above will apply.
10.) Waterside Designs is not responsible for any interruption of service, and accepts no liability for any loss of services, sales or any other form of loss.
11.) Waterside Designs reserves the right to alter these terms and conditions at anytime and without notice.
12.) Waterside Designs reserves the right to terminate any accounts, at any time, where the user has made unreasonable or inappropriate use of any of the services supplied to the customer by Waterside Designs as deemed by our staff.
SEO - Terms and Conditions
The use of our search engine optimisation service (SEO) constitutes your agreement to these terms
Initial Research
The client will supply Waterside Designs with a list of preferred keyphrases. Waterside Designs will then perform research on these phrases to determin if a) the keyphrases are searched and b) whether satisfactory results are achievable. Based on the results of this research, Waterside Designs will then provide the client with a quotation and details of any amendments to the guarantee. The initial research will be provided free of charge.
Access to the web server
The client agrees to give Waterside Designs full FTP access to their web server. This is so that Waterside Designs can make necessary changes and updates to the client's website in a timely manner without having to contact the client or their web designer every time. Failure to provide full access to the web server may result in delays and will effect the guarantee period.
Guarantee
Waterside Designs guarantees that we will achieve 25 top 15 positions (unless otherwise stated) accross the major search engines for the chosen phrases within six months from approval of the SEO articles. If Waterside Designs fails to achieve this, the customer will have the option of either a refund or their next six months SEO service free.
Guarantee period
Waterside Designs reserves the right to change the six month guarantee on a per project basis.
Search Engines Major search engines include: Google.co.uk (UK), Google.co.uk (All the web), Google.com, MSN.co.uk, MSN.co.uk (Only from the UK), MSN.com, Yahoo.co.uk (All of the web), Yahoo.co.uk (UK only), Yahoo.com, Tiscali.co.uk, Overture.com, Lycos.com, Lycos.co.uk (UK & Ireland), Lycos.co.uk (Worldwide), Excite.com, BBC.co.uk, AOL.co.uk (UK Sites), AOL.co.uk (The web), AltaVista.com, AltaVista.co.uk, AllTheWeb, A9.com
Terms and conditions changes
These terms and conditions are subject to change at any time without prior notice to you.
We advise you to print and keep safe a copy of these Terms and Conditions.
