Website design Jersey

Terms and conditions

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Terms & Conditions

Contract

The Clients approval for work to commence and payment of the minimum deposit shall be deemed a contractual agreement between the client and WebHatch. This agreement for work to commence and payment of the minimum deposit shall indicate that the client has read and will be bound by our terms and conditions. It is the clients responsibility to ensure that they comply with the latest edition of the terms and conditions at any given time. These terms and conditions may be revised, without notice, at any time, at the sole discretion of WebHatch. In the event of any breach of these terms and conditions, WebHatch reserve the right to to remove content or terminate all or part of any service without notice or explanation or recompense, and delete any files held on its systems. If you have any questions about any of our policies, please contact the Customer Service Team at: service@webhatch.co.uk

WebHatch will hold intellectual copyright of any materials, including domain names, source code and original images created for the client until payment of the final invoice. At this time WebHatch will transfer this intellectual copyright to the client.

If the client provides graphical material, images, text, video, animations or any other content for inclusion and publication in their website they are legally responsible for ensuring that the publication of such material does not infringe any copyright. This means that the client warrants to WebHatch that they own the copyright or have permission from or are authorised by the owner of such material to send it for publication. Some images provided by WebHatch for use in the website may have been purchased under licence for limited use. The client or subsequent owner of the website is legally responsible for ensuring that these images are not used in other publicity activity. If you wish to use these images for other purposes, then please contact us for further clarification.

The client will be responsible for the content of their website, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate applicable law.

Compliance with Regulations

We design and publish website's in accordance with client specification. It is the clients responsibility to ensure that the website and its content comply with any regulations. WebHatch cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online, or those related to a specific business or trade. Should there be any doubt, we recommend that the client takes legal advice regarding compliance issues.

Support

On completion and final payment the website is provided to and accepted by the client as a fully functioning completed work.

Unfortunately malicious software, viruses and hacking are a fact of life on the Internet. It is highly unlikely that these will affect your website and WebHatch will endeavour to protect it from this as far as we can during site creation. We cannot be held responsible for problems that develop on completed sites as a result of illegal activity.

Service Availability

We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.

By connecting to the WebHatch network, Customers agree to hold WebHatch harmless in the event of any legal claim regarding our services.

Login names and passwords must be kept secret and not communicated to any third party. WebHatch must be notified immediately if they are compromised. If someone were to gain access to a customer's account password, they could tamper with files held on the customer's website.

The customer has sole responsibility for ensuring that any data is suitably backed-up. WebHatch will not keep backups of customers' websites. WebHatch will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.

We cannot accept responsibility for any loss incurred due to non operation of the website or any part of it. We will not accept liability for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Client. We will not accept liability for losses caused by the unavailability, malfunction or interruption of the website hosting service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

As part of the original order, WebHatch will supply support for a limited period after site publication as detailed on the package chosen. This support is to be used for editorial changes to the site, for example, change of text, photographs etc. Changes to the original ordered site package can normally be provided upon request. WebHatch cannot guarantee future support unless an ongoing support package is negotiated.

Site Promotion and Optimisation

WebHatch are not responsible for ongoing website promotion. The order in which website's are ranked in on-line search results is controlled by the various search engines. Whilst WebHatch will optimise your site for search engines, we cannot make any guarantee about the success of any search engine promotion activity.

Domain Name Registration

WebHatch make no representation that your desired domain name is capable of being registered by or for you, or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

Your domain (.co.uk) will need to be re-registered on a b-annual basis. Other domains such as .com or .me are available for registration for varying terms and cost. We are happy to arrange and quote you for registration of these alternative domains.

Website Hosting:

WebHatch will arrange for website hosting for the first year as part of the EasyStart package. Subsequent to that there will be an annual web hosting fee.

WebHatch Acceptable Use Policy

By using WebHatch hosting services, the client will be deemed to have accepted and agreed to our Acceptable Use Policy (AUP). WebHatch reserve the right, without notice or explanation, to remove any site that does not comply with their (AUP). We would expect our clients to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. You will not upload, post, link to or transmit: any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way; any material containing a virus or other hostile computer program; any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you.

WebHatch reserve the right to refuse to host material which may be deemed offensive, illegal or in any way controversial. WebHatch may also suspend or terminate the hosting service should it be deemed necessary. Clients acknowledges that they have a responsibility to ensure that they do not use their connection in an irresponsible manner. Irresponsible use of the services include, but is not limited to, sending unsolicited e-mail ("spamming"), attempting to breach the security of a 3rd party machine, and flooding placing a single post in a large number of newsgroups. In the event that our services are used for any purpose that WebHatch deem irresponsible then WebHatch reserve the right to suspend service while the usage is investigated in consultation with the client. Should investigation determine that the service has been used irresponsibly, WebHatch reserve the right to terminate the customer's account with immediate effect. Wherever possible the customer will be notified in advance of any termination.

Bulk Email The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden. The customer agrees not to advertise their Website via unsolicited commercial e-mail. WebHatch reserve the right to suspend a site which has been 'spamvertised' at any time.

Webmail

WebHatch reserve the right to remove any mail older than 60 days from shared mail servers. It is the client's responsibility to ensure that mail is regularly collected and removed from the WebHatch POP 3 server. WebHatch strongly advise against the use of the POP3 option to keep mail on the server. If a POP3 mailbox contains an excessive amount of mail, WebHatch reserve the right to remove older mails from the mailbox to reduce its size.

Work Schedule

To remain efficient we must ensure that work is carried out to a schedule. It is important therefore that the client provides all the required information for the website in advance. If you fail to supply the required information within two weeks of work commencing, we reserve the right to close the project and the balance becomes payable.

note: We will supply you with Microsoft Word pro-forma documents to be completed. These documents will have the same titles and mimic the text content required on your website. At this time you will also supply details if you have a colour scheme preference. Photographs for inclusion will be required in digital .jpg format, scanned at a minimum 300 dpi. Should you not have this facility, we are able to scan for you or possibly use our own picture library.

Transfer of Domain

WebHatch will transfer the domain name to an alternative domain hosting account as long as there are no outstanding payments due. Should the Client request such transfer, then a small administrative transfer fee will apply, payment of which will be required prior to the transfer taking place.

Compliance with UK Law

It is an offence under UK law to transmit, receive or store certain types of files. Clients may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997.

WebHatch will co-operate with any agency or rights holder wishing to assert their rights in these matters and WebHatch reserve the right to withdraw service under such circumstances.

Under the Electronic Commerce (EC Directive) Regulations 2002, WebHatch is in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that a client has carried out any unlawful acts we will take preventative measures to bring those acts to an end.

Compliance with foreign law

The Internet is global in reach. Consequently it is possible for anyone using the Internet to break the laws of foreign countries. Clients are therefore advised to take all reasonable steps to avoid breaching relevant foreign laws.

Payment of Accounts

Advance Payment

An advance of 35% of the total package cost is required before work can commence. After work commences this is non-refundable.

We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.

Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given in accordance with

Our pricing and billing is in UK Pounds Sterling. If you wish to pay using an alternative currency, separate arrangements will have to be made in advance by contacting accounts@webhatch.co.uk

If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled but not obliged forthwith to suspend the provision of Services to you.

We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you If you:

fail to pay any sums due to us as they fall due; break any of these terms and conditions; are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.

No refunds will be made under any circumstances for Services suspended in accordance with the above.

We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled to a pro rata refund based upon the remaining period of prepayment.

Cancellation

Should the client wish to cancel at any point during the process, they remain liable for the work that has taken place and will be invoiced accordingly.

Domain name registration fees, charges for optional extras added to your account are not refundable under any circumstances.

On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.