Terms & Conditions

Web Site Design & Development

Our relationship with our customers is important and we believe it is vital that we are both aware of our obligations. We have put together these comprehensive terms and conditions to ensure there are as few grey areas as possible. We strongly recommend that you take time to read through these terms and conditions and understand them and their implications. These terms and conditions will be the basis of any contract between you and WebArtifice.

Definitions: In these terms "we/us/our" means WebArtifice UK and "you" means the Client, whose details appear on any proposal. The "Contract" means the agreement between you and us based on signed correspondence indicating acceptance of the proposal.
WebArtifice UK will carry out the design of your web site under the following terms and conditions. These terms and conditions do not affect your statutory rights. If you have any uncertainties about these conditions as they might apply to you or your project, it is your responsibility to clarify the situation by contacting us before the project gets under way.

1. Specification.
The prices offered in this quotation are subject to your understanding of the specification. We reserve the right to alter this quotation if the final specification is materially at variance with your understanding.

2. Content.
It is your responsibility to provide us with the required information about your business. WebArtifice UK take no responsibility for errors in content supplied by you for the web site. Any changes thus incurred may be chargeable at standard rates.
Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the site. No refund will be made in the event that you fail to provide sufficient content to complete the web site.
All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif, tif or png format. Text should be supplied as a Microsoft Word or ASCII text file. Failure to supply material in digital format may result in extra charges being made for processing content for use on your web site. Where the content which is provided is in a form where a significant amount of copy writing is required, a further charge may be made.
You grant WebArtifice UK permission to utilize logos and any other company identity for the purposes of creating the web site.
You agree to indemnify WebArtifice UK from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.
A design credit with a link to the WebArtifice UK web site will appear on the main home page of your web site either in text or graphic format. The link will be designed to fit the overall design of the site.
You should provide WebArtifice UK with copies of your terms and conditions and any privacy statement that you wish to be incorporated into the design.
In the event that WebArtifice UK is unable to complete a web site because of lack of text and/or pictures, then text will be added using "lorum ispsum" text and pictures using appropriate library pictures. At this point the web site will be considered completed and invoiced accordingly under our standard payment terms. Final text and pictures will be added when these are supplied by the client.

3. Design.
Upon acceptance of any proposal we require you to sign an order that you have read and understood these terms and conditions.
We will provide you with our estimated timescale for progress and completion of the project and will use reasonable endeavours to meet those timescales (as long as you perform your obligations promptly) but, unless we agree otherwise, the dates are estimates only and we cannot guarantee 100% that they will be met.
We shall have no liability to you nor be deemed to be in breach of this Contract if we are delayed in performing or unable to perform any of our obligations under it due to circumstances beyond our reasonable control.
Any design issues will be assessed against a standard PC platform running Windows XP with internet viewing at a 800 x 600 screen resolution viewed in Internet Explorer 6 and above, unless we agree otherwise in writing.

4. Payment for the design.
• Payment for the design and authoring of all web sites will be on the basis of a 50% initial payment in advance.
• The balance of all fees will be invoiced on seven-day terms on acceptance of the completed design. In the case of web sites costing over £2500, payments will be requested in stages, to be mutually agreed with the client before work commences.
• Subsequent annual subscription payments will be in advance on the anniversary of the initial payment.
• If payments are not received by the due date for payment (as stated in these terms and/or order form) you may be asked to pay us interest on the amount unpaid at the annual rate of 5% above Bank of England base rate from time to time (without prejudice to any other remedy available to us).
• If payments are not received by us on the due date we reserve the right to suspend the web site and other services until such time as payment is received in full (without prejudice to any other remedy available to us).

5. Acceptance procedure will be as follows:
• When WebArtifice UK considers the design to be completed to the requirements of the proposal, you will receive notification by telephone or email followed by written confirmation.
• You will have seven days from the notification to carry out an appraisal of the design and inform us of any changes required to correct any errors and comply with the quotation.
• WebArtifice UK will carry out the agreed amendments within seven days. You will then have a further seven days to appraise the changes to the design and inform us of any errors in the changes.
• After this period the design is considered as accepted and you will be invoiced for the outstanding costs and any further amendments are chargeable.
• Any further amendments other than those covered by any maintenance agreement are then chargeable.

6. Debt management.
WebArtifice UK reserves the right to take legal action to recover any debts.

We normally authorise a debt collection agency to take steps to recover any debts should circumstances dictate. Please remember we are a small agency and as such we can not afford outstanding debts of any kind. The debt collection agency has at this time a 100% record regarding collection of due funds for WebArtifice.

7. Rights.
You will retain ownership of copyright, trademarks and other intellectual property rights in materials that you provide to us for use in the design of your web site. All copyright, trade marks, patents created, developed, subsisting or used in or in connection with the design or development of your web site will be transferred to you on settlement of all outstanding sums due to us. Ownership of the Intellectual Property Rights of the web site design, including front and back end programming and design, will remain with WebArtifice UK.

8. Cancellation.
If you wish to cancel your contract you are required to do so by registered post giving 60 days notice and cancellation will only be effective on receipt of such notice. If the design is not complete you will be required to pay the balance of our costs to date and loss of profit for the entire design. No refunds will be made for any part of any annual hosting and maintenance subscription remaining.
In the event of canceling your contract, your web site will be taken offline the day after the contract expires. Once all sums due have been settled, WebArtifice UK will cooperate with the smooth transfer of hosting of the domain and pass over ownership of any web site files as requested.

9. Hosting and Domain names.
Our hosting and domains service have their own terms and conditions and will be supplied if hosting is provided for within any proposal.
If the web site is to be hosted by another web host than WebArtifice UK, you agree to grant WebArtifice UK access to the web space or server. Customers wishing to arrange web hosting and domain names away from WebArtifice UK can do so at any time. We will however advise you if the arrangements appear to be unsuitable for our requirements.

10. Dial up.
WebArtifice UK is not responsible for establishing or troubleshooting your Internet dial up facility, which provides your Internet connection and outgoing mail server. This is the responsibility of your own individual ISP who normally provides appropriate telephone support. If you need to contact WebArtifice UK for such support we can usually help but this is normally chargeable at £1.00 per minute with a minimum charge of £35.

11. Reservations.
WebArtifice UK reserves the right to withdraw services at any time subject to 14 days written notice. WebArtifice UK also reserves the right to feature customer web sites in future promotions without seeking prior consent.

12. Maintenance Updates.
For customers with dedicated maintenance packages, WebArtifice UK will establish if the update falls within the scope of your quoted maintenance agreement, and if not, advise you of the cost of the update. Maintenance is subject to the following conditions: -
Maintenance is defined as modifications to an existing page requiring one man-hour or less to implement (sufficient for most minor changes).
Requests for Maintenance must be submitted to WebArtifice UK via e-mail. All content must be supplied in digital format. Content not supplied in digital format may result in extra charges being made.

13. Promotion.
Where WebArtifice UK undertakes promotion of the web site through Search Engine placement no guarantee is given that rankings can be achieved on particular Engines. Resubmission will take place as and when we deem appropriate and may vary in frequency depending on the level of maintenance updates undertaken.

14. Warranties.
WebArtifice UK makes no warranties of any kind, whether express or implied, for the services it provides other than for technical errors and oversights. WebArtifice UK also disclaims any warranty of merchantability or fitness for a particular purpose. WebArtifice UK will not be responsible for any direct, indirect or consequential damages that may result from the use of its services, including loss of data resulting from delays, non-delivery or interruption in service. You acknowledge and agree that WebArtifice UK cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond our control.

15. Indemnity.
All services may be used for lawful purposes only. You agree to indemnify and hold WebArtifice UK harmless from any claims resulting from your use of our service that damages you or any other party.

16. Liability.
Our total liability to you in contract or in tort arising in connection with this Contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings nor for any other indirect or consequential loss.

17. Standard charges.
In the absence of agreed rates the following will apply for additional work:
• Clerical or data entry activity £75 per day per person
• Design or development activity £180 per day per person
• Senior management/programmer £300 per day per person
• Traveling and subsistence on a costs as incurred basis

Hosting & Domains

WebArtifice UK will normally arrange hosting for the web site and the annual subscription for this will be included in the initial quotation for the design. FTP access details to your web site files can be issued on request.

Hosting and domain services are provided by WebArtifice UK under the following terms and conditions:

1) Service is normally provided on an annual basis with fees payable in advance.

2) WebArtifice UK reserves the right to apply administration and reactivation charges for late payments.

3) WebArtifice UK reserves the right to take legal action to recover any debts.

4) There is no refund due to you for unused months of any Internet service provided by WebArtifice UK. All fees are payable in advance. Additionally, we require 30 days notice to cancel your services prior to the end of your service term. Administration charges will be applied at our discretion if you wish to cancel with less notice. Note that domain and server transactions will not be carried out until your account is settled in full.

5) Renewal of service: You will be invoiced 60 days prior to your renewal date; you will then have 30 days from invoice date to settle the invoice. If you do not settle the invoice within this time your account will be deactivated upon the renewal date. Reactivation of the account will incur a new set up fee as determined at that time. On deactivation all files will be deleted from the server if you are subscribed to our hosting package. We will not hold a back up of your files.

6) WebArtifice UK will maintain a credit limit and credit terms with each customer (Outlined via phone, fax, E-mail or face-to-face meetings). The final decision of credit limit and credit terms lies with WebArtifice UK. Payment from the customer needs to be made in time as set out on the invoice.

7) WebArtifice UK reserves the right to suspend the credit terms and credit limit based on non-payment and consistent late payments. You will be informed of this via E-mail as to when suspension will come into force if payment isn't received by a certain date. You will receive no more correspondence on the issue and suspension of credit terms and credit limit will automatically set in. Chargeable transactions will thus not be carried out until payment is received in full for all previous transactions up to and including the last invoice (which due to suspension will be due immediately). Future transactions (e.g. transfer out domain names) will only be carried out when full payment for that particular transaction is received until such a time as when the customer is trusted to keep to the credit terms.

8) WebArtifice UK reserves the right to suspend or cancel any account at its sole discretion.

9) You are required to keep the contact details that you provided to us up to date. We may send notices or other information to you at the address you gave us. We will not pass these details to other companies.

10) We will use our reasonable endeavours to maintain all our services. You will not be eligible for any compensation because you cannot use the service or because of a failure, suspension or withdrawal of all or part of the service. We may change the service at any time.

11) You understand that there are times when a service machine may crash or need to be upgraded. As such there will be times of service downtime and thus you will not be able to use the service. You will not be eligible for any compensation in such circumstances. We will use our reasonable endeavours to maintain your services at all times.

12) WebArtifice UK accepts no responsibility for web or email server downtime or interruptions to service caused by circumstances beyond our control.

13) It is at WebArtifice’s sole discretion where your web space is physically stored.

14) Regardless of anything else in these Terms and Conditions of use, our liability shall not exceed the proportionate amount of your subscription.

15) We shall not be liable for any consequential losses you may suffer.

16) We are not responsible for any use you make of WebArtifice UK’s services, for any charges that you incur with any third party, nor for any software running on your host. You indemnify WebArtifice UK against the effects of any misuse or any claims resulting from that misuse.

17) You will keep your passwords and security phrase secret and will not disclose them to third parties for any purpose, except where you require a web designer or consultant to access your account. You will notify us and change any password which you believe may have been compromised.

18) You will not use the account for any illegal purpose as defined in UK law.

19) Where you use our service to reach networks and services not operated by us, you will abide by the AUP's, Terms and Conditions imposed by the operators of those networks and services. Spam, mail relaying or unethical use will result in cancellation of our services to you and we will take steps to recover any damages that we incur through your abuse of our services.

20) Domains
(1) On registering a domain name, you agree to the terms and conditions as set out by the particular Naming Registry. You may cancel the domain name if you do not agree, but there is no refund.
(2) More information regarding domain naming authorities/registries, with links to their web sites and terms and conditions, may be found at http://www.iana.org/domain-names.htm. It is your responsibility to seek, read and understand the terms and conditions of the relevant authority before you instruct us to register a domain on your behalf.
(3) On ordering a domain name from us you instruct WebArtifice UK to act as your agent with regard to that domain name.
(4) The standard cost of domain name transfer away from WebArtifice UK or its agents will be £45 and this fee is payable in all cases. Transferring domains to WebArtifice UK or its agents will be free. WebArtifice UK reserves the right to apply additional administration charges on domain transfers to other providers while any monies are outstanding to us for any services provided.
(5) By registering a domain name you agree to keep WebArtifice UK fully and effectively indemnified at all times and indemnify WebArtifice UK accordingly against all costs, claims, liabilities, actions and expenses arising directly or indirectly through your choice and use of the domain name or by any breach by you of your obligations contained herein.
(6) You may register a domain name on behalf of someone else. You may not however register a name without the permission and knowledge of its final user and then sell it to them. Breach of this Term will result in the cancellation of the registration.
(7) WebArtifice UK will advise clients on selecting domain names and register these for them as requested at current rates, but cannot guarantee a certain name will be available.
(8) We accept no responsibility if a domain fails to be re-registered.

21) Hosting
(1) WebArtifice UK has sole discretion on where your site is hosted. We may from time to time move your site either physically or virtually onto different server space.
(2) Unless your server space is managed by ourselves we offer no support other than the necessary gateways required to access your server.
(3) Fully managed server space.
The following conditions apply to clients that have managed virtual server space with WebArtifice UK.
(a) After your first term of service as agreed in the initial start up package expires, we will offer, at our discretion, to continue service or if you wish to transfer service to yourself or your agent.
(b) WebArtifice UK reserves the right to apply administration charges to transfer of services before the initial service term is complete. No refund for unused services or server space will be made.
(c) We will make a back up of your site and it will be refreshed weekly as a matter of courtesy. We may withdraw this service at any time. We strongly advise that you keep an up to date back up of your site and services held on our servers in case of system failure.
(4) WebArtifice UK will not be held responsible, and you will not be eligible for compensation, for server down time due to exceptional circumstances. Including but not limited to: Fire, flood, storm damage, civil unrest, riot, war, nuclear attack, terrorist activities, denial of service attacks or other hacking of computer software, computer virus infestation, power failure or industrial dispute.
(5) You are responsible for ensuring you have a back-up of your web site and any related data stored on our servers. We do not make back-ups for you other than those set out in section 21 sub-section (3) (c) and we cannot be held responsible for any loss you experience due to not having backups.

22) Any decision made by WebArtifice UK in relation to the hosting services provided and Conditions of Use shall be final.

23) These terms do not affect your consumers’ statutory rights

WebArtifice UK and SPT Services are trading names and are wholly owned and operated by
Stephen Tunnicliffe at 115 Castlemain Avenue, Bournemouth, Dorset. BH6 5ER. United Kingdom.

Version 5.00 27 September 2003