A) “Company” means Athena Web Designs Limited (Company Registration Number 07764523) whose registered office is 43 Dyer Street, Cirencester, Gloucestershire, GL7 2PP.
B) “Customer” means any person or organisation with whom the Company enters into the Agreement and as stated on the Order Form or Invoice.
C) “Office” is 43 Dyer Street, Cirencester, Gloucestershire, GL7 2PP.
D) “Goods” means the products or Services to be provided by the Company to the Customer as described on the Order Form or invoice and in accordance with these Terms and Conditions.
E) “Services” means the services to be provided by the Company to the Customer as described on the Order Form or invoice and in accordance with these Terms and Conditions.
F) “Signed-off” means that a Customer has agreed that they are happy with a product or part of a product and this is acknowledged through payment of an invoice and/or in writing to the Company.
2. CONDITIONS OF CONTRACT
A) No condition or stipulations, which are attached to the Customer’s order form or invoice, and which are inconsistent with these terms or which add to or modify them in any way, shall have any effect, unless expressly accepted in writing by a Director of the Company at the time of acknowledgement of each separate order. In the absence of such acceptance, the Customer shall be deemed to have withdrawn or waived their conditions or stipulations and to contract solely on these terms.
A) All orders must be in writing.
A) After acceptance, orders shall not be subject to cancellation or alteration, except with the agreement of the Company in writing and signed by a Company Director.
B) Cancellation of orders for Goods especially made to Customer’s specifications cannot be accepted.
C) Cancellation or alteration charges will be applicable, to cover the cost of our administration.
D) If at any point a Customer wishes to transfer Goods away from the Company all outstanding invoices must be settled in full beforehand. Please note that there may be an admin charge for transferring away. The Company is not responsible for reinstating Services with the new chosen suppliers.
E) Customers that move their hosting away from the Company will be responsible for ensuring that any products (including third party plugins) are renewed and updated as well as transferring all licences to their ownership.
A) Agreed payment terms will be set out on the order form or invoice, unless otherwise agreed in writing and signed by a Company Director.
B) All contracts commence from the date that an order was placed. It is the Customer’s responsibility to cancel any standing orders or direct debit payments if they do not wish to renew any Services with the Company after the agreed contract period. If payments continue to be made after this time the Company will take this as acceptance of renewal for a further contract period. No refunds will be given if Customers fail to cancel their standing order or direct debit.
C) All invoices are to be paid on or before the payment due date. For renewals the Company issue all invoices in advance of the renewal date.
D) If payment is not made in accordance with the agreed terms set out on the order form or invoice, the Company reserves the right to charge the Customer an additional £35.00 on top of their outstanding invoice. Any overdue invoices that are for plugin renewals may incur a larger fee.
E) Failure to make due payment for Goods under these terms, or any other contract between the Customer and the Company, shall entitle the Company to delay, suspend, withdraw or cancel Goods in whole or in part at its option.
F) If Goods are withdrawn, then all outstanding invoices will immediately fall due for payment, and a demand as such will be made at the time of the withdrawal.
G) No work will be scheduled until the agreed deposit has been paid in full.
H) Customers who have signed-up for a pay per month package, must ensure that a payment is made on or before the 20th of every month, unless another date has been agreed in writing by a Company Director.
I) Once a contract with the Company has come to an end the Company has the right to review fees.
J) Once a sign-off invoice has been paid Customers acknowledge additional charges will incur if further changes to a product are requested.
K) The Company will not schedule to put a website live until all outstanding payments have been paid for in full.
L) Any changes requested by a Customer after they have Signed-off will incur and additional charge.
M) The Company reserves the right to charge Customers for support that is required due to a third party product or service.
N) Customers are responsible for informing the Company if any of their contact or invoice details change including email addresses and telephone numbers.
A) Any property and title to the Goods that have been produced by the Company including written content, designs and artwork belong to the Company, until such time as all sums that are owed for the Goods have been received from the Customer by the Company.
B) Any content on the website, including written content, designs and artwork is solely the responsibility of the Customer. It is the Customer’s responsibility to ensure that the content is accurate. Any content that goes against copyright and any other laws will also be the Customer’s responsibility.
C) The Company reserves the right to use design styles and methods in multiple applications and for a variety of usage unless stipulated in writing by a Company director at the time when an order is placed.
D) Customer who sign-up for a template or ‘Rent a Shop’ website acknowledge that the design and code may be re-used for other websites.
E) Some products provided by the Company will contain materials, such as images, that have been purchased from third parties. Customers agree to adhere to the terms and usage policies set out by these third party providers.
F) Customer who sign-up to a Rent a Shop product with the Company acknowledge that they do not own the website (including its design or code), even after the agreed contract period.
G) Customers who order a logo design only have copyright over the final chosen design, the Company have the right to re-use any other designs elsewhere.
H) Customers agree that they will not re-use or re-distribute any of the training materials provided by the Company. They also acknowledge that the Company hold the copyright to these materials.
A) The Company should be made aware of any sensitive data when an order is placed, as the Company cannot be held responsible for data theft or copying unless notified in advance.
B) All domain names registered through the Company require personal data such as the Customer’s name and address. This information will be disclosed and visible via the WHOIS database. It is the Customer’s responsibility to notify the Company if they do not wish for this information to be disclosed. Please note for .co.uk and some other domain names opting out is prohibited.
C) The Company may use Customers’ products in their advertising materials, unless otherwise agreed between a Customer and a Company Director prior to an order.
A) The Company shall use their best endeavours to provide Customers with general advice about their products and Services.
B) It is the Customer’s responsibility to ensure that Goods are sufficient and suitable.
C) The Company cannot be held responsible for issues or errors caused by a lack of or a result of product updates carried out by the Company, a Customer or a third party.
D) The Company cannot be held responsible if a product is affected by the introduction of new web browsers and/or any other advances in technology.
E) Before a website goes live, the Company will perform browser testing on the most recent releases of Internet Explorer, Firefox, Opera and Safari and will not be held responsible for any problems encountered on older browsers.
F) The Company will test HTML emails on a small selection of email clients and cannot be held responsible for any differences in design from one email client to the next.
G) It is the responsibility of the Customer to check for technical and visual errors on all products provided by the Company.
H) The Company cannot be held responsible for the failure of email setups on computer, phone or any other electrical devices.
I) The Company cannot be held responsible for delays in support or failure to provide a resolution to an issue that involves a third party service or product. This also applies to Customers who are on any kind of support package with the Company
j) The Company use third party applications to build Content Management Systems. Once a website goes live, the Company cannot be held responsible if any of these third parties increase the price of a product or service. If this occurs the Customer will be responsible for making any additional payments, if they fail to do so the product or service may be withdrawn from them. If a third party application stops working as expected or is no longer available the Company cannot be held responsible and will charge if an alternative solution is available and requested by the Customer.
A) The Customer is solely responsible for determining the suitability of the Services in light of the nature of any data stored on the Services and for determining what steps are appropriate for maintaining security, protection and back up. The Company has no obligation in relation to application security and/or the encryption of any.
A) The Company has a reseller account with a UK based hosting supplier. Customers that sign-up for a hosting Services with the Company acknowledge that the Company use a third party company for their hosting Services and unless stated otherwise in writing on an order form or invoice Customers acknowledge that their website will be placed on a shared server.
B) Any Customer who chooses to not have their website or emails hosted by the Company’s chosen third party supplier is responsible for ensuring that their hosting package is suitable for any product that they purchase from the Company. The Company will not be held responsible for any further payments that may be required to upgrade or change the Customer’s hosting package.
C) Any Customer who opts to have their hosting through the Company is prohibited to upload pornography to the servers. This includes sexual content, or direct links to adult content elsewhere. This is also true for websites that promote any illegal activity or content that may be damaging to the servers that we use or any other server on the Internet. Links to such materials are also prohibited. The Company will be the sole arbiter as to what constitutes a violation of this policy.
D) We do not allow the use of background-running programs, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation. The Company will be the sole arbiter of what constitutes a violation of this policy.
E) You must not use the Company’s Services for the sending of spam, flames, mail bombs, or unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates websites hosted with the Company A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed we reserve the right to disable your account without warning. The Company reserves the right to determine what violates this policy. As such, any violation may result in cancellation of Services without refund.
F) The Company have the right to charge a Customer an additional fee if the Company feel that the Customer’s website is using up an excessive amount of bandwidth.
G) The Company is under no obligation to compensate Customers for downtime, whether the downtime be caused by the Customer, the Company, or the Company’s hosting
H) The Company reserves the right to remove without warning any product that are hacked, compromised or are deemed to be a threat to the server.
I) The Company cannot be held responsible for hacking and reserves the right to charge for time required to help resolve any issues caused as a result of hacking.
J) Any product updates advised by the Company are compulsory and will be automatically scheduled. A fee will incur for any updates that the Company carry out that fall outside the agreed contract.
K) Any Customers who choose to arrange their own hosting will be responsible for ensuring that all product updates are carried out, unless otherwise arranged with the Company in writing.
A) By placing an order for a domain name the Customer confirms that they have the right to use the name.
B) The Company may cancel the registration or suspend the delegation of the domain name in exceptional circumstances by notice in writing to you. Exceptional circumstances include: where to maintain the registration would put the Company in conflict with statutory obligation or the terms of a Court Order.
12. SHARED MICROSOFT EXCHANGE (EMAILS)
A) Customers who opt to sign-up to a Shared Microsoft Exchange package agree to abide by Microsoft’s terms and conditions.
B) The Company cannot be held responsible if Customers’ software or hardware does not meet the minimum requirements for Shared Microsoft Exchange.
13. SEARCH ENGINE OPTIMISATION (SEO)
A) SEO Customers automatically give their permission for the Company to put links on their website to other company websites. This is to aid the service that we offer.
B) SEO Customers automatically agree to allow the Company to give out their personal business details including contact name and details to other companies. This is to aid the service that we offer.
C) SEO Customers will not be allowed to change their key phrases until the agreed contract period has come to an end.
D) For Customers on any type of SEO package, the Company do not guarantee what position on Google’s (or any other search engine’s) search results pages a Customer’s website will appear.
E) Customers who sign-up for a Pay Per Click campaign are not guaranteed exposure on Google 100% of the time.
14. WEBSITE MAINTENANCE
A) Customers who are on a monthly maintenance package agree to submit a work request to the Company at least 48 working hours before they wish for the work to be commenced. The Company cannot guarantee that work will be completed by the Customer’s preferred completion date.
B) Customers who are on a monthly maintenance package are not allowed to roll over any unused time to the next month. If a Customer exceeds their monthly-allocated time they will be charged at the Company’s standard hourly rate.
15. PRINT DESIGN
A) Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs it is hereby agreed and accepted by the Customer that a reasonable variation in colour between the proofs (whether digital or printed) and the completed job will be acceptable.
B) Print must be collected in person by the Customer from the Company’s Office; alternatively delivery can be arranged for an additional charge.
C) Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the contract and the Company will not be liable for any loss or expenses sustained by the Customer arising from any delay in the delivery of the Goods howsoever caused.
D) If the Customer wrongfully fails to take delivery of the Goods, the Company shall be under no obligation to refund the price.
E) The Customer shall have the right to cancel an order for print products if they are found to be faulty providing that the Buyer is deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 14 days after receipt.
A) While the Company will use its best endeavours to meet any stated delivery dates, time shall not be the essence of the contract and the Company shall not be liable for any loss or damage whatsoever, resulting directly or indirectly from late completion.
B) The Company cannot be held responsible for any type of data or financial loss. This includes viruses, hacking, hardware failures, software failures and administrative errors.
C) The Company cannot be held responsible for the loss or damage of files or data during the transfer of a website from an existing host. It is the Customer’s responsibility to ensure that all files and data are backed-up.
D) Automatic data back-ups are carried out for all Customers on the Company’s shared hosting packages; however they come with no guarantee and are only held for a limited amount of time. If additional back-ups are required this can be arranged but will incur an additional charge. Customers who have hosting packages that are not with the Company are responsible for arranging their own back-ups with their hosting supplier. The Company advises that manual back-ups are also taken by Customers via their control panels for their own protection.
E) Customers who have POP email accounts are responsible for taking back-ups of their emails on their devices, as they are not held on the server.
F) The Company reserves the right to charge the Customer if a back-up of Goods needs to be restored. Although the Company will use their best endeavours to restore back ups quickly restoration time cannot be guaranteed.
The Company reserves the right to change these terms at any given time.