Unless otherwise specified all items are invoiced monthly (example £49.99 is £49.99 + VAT per month)
start2day is part of baineswebdesign
TERMS AND CONDITIONS
1.a. Please read these terms and conditions carefully, and for future reference, before ordering any Services from us.
1.b. Guarantee - We are so confident that you will like the web builder system that we offer a money back guarantee during the first 14 days of service; simply request us to shut down your new website and email boxes if for any reason you are not happy with your web builder system; you get every penny back. NOTE: Add-Ons and domain name purchases CANNOT be cancelled in the same way - check add-ons - Simply wait till after the 14 day trial period ends before adding Add-Ons - Domain names can be transferred - and no additional charge is made for registered domain names that are not being used. Domain names that have been cancelled and have not been used following cancellation will be released at the end of their registration period.
1.c. Cancellation -
Monthly contract: Notice is one month's at any time after the first 14 days Money Back Guarantee
Annual contract: After the initial 14 day Money Back Guarantee period the notice is then 28 days before its annual renewal
Some Add-Ons Cannot be cancelled - check add-ons - Simply wait till after the 14 day trial period ends before adding Add-Ons
1.d. start2day payment terms are; payment ahead of services being provided; see point 8
2. By ordering Goods from the Company, the Customer will be deemed to agree to these terms and conditions. Any conditions other than these conditions are expressly excluded except where otherwise agreed by the Company in writing. Our primary services include; website design, creation including wireframe construction, optimised website copy, web specific animation and imagery, domain name registration, logo creation, website hosting, email and e-marketing tools, e-commerce site construction, SEO, PPC and we are not limited to digital media being able to supply hardcopy printing in a number of different formats so that your budget can access your most cost efficient route to meet your goals
3. Estimates are based on the Company’s current cost of materials involved in production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
4. Any discounts offered are subject to compliance with the Company’s Terms of Payment. In the event of a Customer failing to make payment in full within the specified time, the Company reserves the right to charge the full amount for any Goods supplied to the Customer.
5. The Company reserves the right to charge, the amount of any Value Added Tax payable whether or not included on the estimate or invoice.
6. All work carried out, whether experimentally or otherwise, at the Customer’s request shall be charged.
7. Proofs of all work may be submitted for Customer’s approval and the Company shall incur no liability for any errors not corrected by the Customer in proofs so submitted. Customer’s alterations which differ from original copy, and additional proofs necessitated thereby shall be charged extra unless otherwise agreed. When style, type or layout is left to the Company’s judgement, changes thereby made by the Customer shall be charged extra unless otherwise agreed.
8. (a) Unless otherwise specified the price quoted for start2day services will be either; (i) a one-off fee, site build, site build with training, or (ii) monthly direct debit, web builder, or (iii) annually by direct debit, annual contract, or for support system that enable 1 hour per month updates, telephone support during office hours. In all cases the payment is in advance of services being made available. One month’s notice is required to terminate these services. A full refund guarantee operates for 14 days; see point 1.b. Delays caused by the client do not impact on the monthly invoicing, this continues as normal.
Unless otherwise specified, work through Baineswebdesign, the price quoted is for delivery of the work to the Customer’s address, or when it is available to be uploaded to The Customer’s hosted servers or domain, or the service is available through The Company’s hosted service, or through Baineswebdesign hosting, or as set out in the estimate; with baineswebdesign services are invoiced 30% on order taken, 40% when designs and service structure have been signed off by The Customer and the final 30% invoiced when the service is provided. A charge may be made to cover any extra costs involved in a delivery to a different address. (c) Should an order be cancelled at any stage of production the Company shall be entitled to charge fully all costs incurred, full loss of profit and any other damages resulting from the breach of contract. (c) All delivery dates are estimates only and the Company shall not be liable for any loss or expense suffered by the Customer as a result of failure to meet any delivery date. Where work is defective for any reason, the Company’s liability (if any) shall be limited to rectifying such defect.
9. (a) Until the Company has been paid in full, any goods supplied to the Customer remain the property of the Company although the risk passes to the Customer at the point of delivery. (b) If The Customer fails to pay for any Goods on or before the due date or commits any act of bankruptcy or if any resolution or petition to wind up the
Customer’s business shall be passed or if a Receiver of the Customer’s undertaking is appointed, the Company may recover possession of Goods supplied at any time from the Customer and for that purpose the Company, it’s servants or agents may enter upon any land or building upon which the Goods are situated.
10. The Customer shall make payment in full without any deduction or withholding on any account within thirty days of the end of the month in which the invoice is dated. If payment is not received in full when due the customer shall pay interest on the unpaid amount at a rate per annum which is 5% above the Barclays Bank Plc base lending rate from time to time.
11. It is the express and sole responsibility of the Customer to ensure that any materials produced do not infringe any copyright or commit any act of slander or libel. The customer shall indemnify the Company against any action against the Company for infringement of Copyright or clash of slander or libel. In the case of photography or video photography, it is the responsibility of the Customer to ensure that the person or locations used are done with the consent of the person, persons or owners of property.
12. The copyright of all design, artwork, photography and digital video photography shall remain with the Company.
13. With printed matter, every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 per cent for work in one colour only and 10 per cent for other work being allowed for overs or shortage (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.
14. Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Company and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to the Company and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to the Company, within 14 days of delivery. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Customer proves that (i) it was not possible to comply with requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
15. Materials owned by the Company and used in production shall remain the Company’s exclusive property. Such items when supplied by the Customer shall remain the Customer’s property.
16. Customer’s property supplied to the Company, shall be deemed to be at the
Customer’s risk unless otherwise agreed and the Customer should insure accordingly.
Where materials are supplied by the Customer, the Company will take every care to secure the best possible results but responsibility will not be accepted for imperfect work caused by defects in materials so supplied.
17. Errors or omissions are subject to correction.
18. Access to the Hosting Service
18.1 Hosting Service levels
18.1.1 We will use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase for ninety-nine point nine (99.9) per cent of each calendar month. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum. We shall make all commercially reasonable efforts to provide you with advanced notification of planned maintenance that could effect your service.
18.1.1Service credits are not given for any form of downtime or service unavailability.
18.2 IP addresses
18.2.1 You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you, and any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
18.2.2 If you are using a shared IP address and it is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.
13.3 You agree that you shall have no right, title or interest to any IP address upon expiry or termination of the Services, and that the acquisition by you of a new IP address following expiry or termination of the Services shall be solely your responsibility.
18.3 Back-up of your material and our servers
18.3.1 It is your responsibility, unless otherwise in agreement with us, to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) onto our servers (“Material”) as part of your use of the Hosting Services. In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
18.3.2 We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
18.4 Hosting Service usage limitations
18.4.1 All our Hosting Service packages come with an unlimited web space allowance provided that:
18.4.1.1 your Material is linked into web pages;
18.4.1.2 you do not use the Hosting Service as a backup of, or repository for, your Material;
18.4.1.3 you maintain good housekeeping to maintain your Material; and
18.4.1.4 you comply with our acceptable use policy http://www.baineswebdesign.co.uk/aup.shtml.
18.4.2 The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you have to upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in the eXtend control panel
18.4.3 Unless the Hosting Service package you order includes a dedicated server, you will only be allowed to use a maximum of five (5) per cent of our server’s processing capacity when using the Hosting Service package you order. At our absolute discretion, we may allow your usage to exceed this limitation, and we will speak to you about your hosting requirements if your usage has, or may have, a detrimental effect on our other customers.
18.4.4 The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order. However, any mailboxes that have not been accessed for one hundred (100) clear days will be automatically deleted from our system.
18.4.5 When using the Services, you must comply with our terms of website use and our acceptable use policy and these are incorporated into the Contract by reference. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions.
18.4.6 We shall be entitled to terminate the Contract, or suspend or terminate the provision of any individual Services, if you are in breach of our terms of website use
19 Support
19.1 If a problem has arisen with regard to the Services or your registered account, you can access support by sending and email or calling our help desk (support@baineswebdesign.co.uk ) 01707 870183
19.2 Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.
20 Domain names
20.1 Where the Contract includes our Domain Registration and Renewal Service:
20.1.1 we will endeavour to procure the registration of the domain name you request;
20.1.2 we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name;
20.1.3 we shall not act as your agent or on your behalf in any dealings with domain name registry unless by prior agreement;
20.1.4 the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use
20.1.5 you are responsible for ensuring that you are aware of the terms referred to in clause 20.1.4 so that you can comply with them;
20.1.6 the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar;
20.1.7 we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement; and
20.1.8 you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.
20.2 You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
20.3 Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices thirty (30) days and seven (7) days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service. The price for the renewal will be as quoted previously to you
21 Prohibited use
21.1 You may use the Services only for lawful purposes. You may not use them:
21.1.1 in any way that breaches any applicable local, national or international law or regulation;
21.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
21.1.3 for the purpose of harming or attempting to harm minors in any way;
21.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see item 23);
21.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM); or
21.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
21.2 In your use of The Services, you may not (unless with semi-dedicated servers and with prior agreement with us):
21.2.1 use more than 5 % of our server's processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations;
21.2.2 run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd;
21.2.3 run any type of web spider or indexer; including (but not limited to) GoogleCash and AdSpy;
21.2.4 run any software that interfaces with an Internet Relay Chat network;
21.2.5 run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers;
21.2.6 participate in any file-sharing/peer-to-peer activities;
21.2.7 run any gaming servers; or
21.2.8 run cron entries or other scheduled tasks other than by configuring them through our control panel http://www.extendcp.co.uk
21.2.9 give away web space under a domain
21.2.10 operate a proxy website or service.
21.3 You must not use the Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.
21.4 All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you, or your request us to, take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, MSN, Yahoo and other large search engines.
22 CMS
22.1 Where you use, or allow the use of, your CMS (Content Management Service), you must ensure the use of best practice to operate those interactive services.
22.2 Notwithstanding the use of best practice in operating the interactive services, you must assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service you allowed to be hosted using the Services and use appropriate moderation in the light of those risks. However, we are under no obligation to oversee or monitor your use of the Services in relation to any interactive services you provide or allow to be provided.
23 Contents Standards
23.1 These content standards apply to any and all material that you allow onto your site ("Material"), and to any interactive services associated with it.
23.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Material as well as to its whole.
23.3 Material must:
23.3.1 be accurate (where they state facts);
23.3.2 be genuinely held (where they state opinions); and
23.3.3 comply with applicable law in the UK and in any country from which they are posted.
23.4 Material must not:
23.4.1 contain any material which is defamatory of any person;
23.4.2 contain any material which is obscene, offensive, hateful or inflammatory;
23.4.3 contain any material that is pornographic;
23.4.4 promote violence;
23.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
23.4.6 infringe any copyright, database right or trade mark of any other person;
23.4.7 be likely to deceive any person;
23.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
23.4.9 promote any illegal activity;
23.4.10 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
23.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
23.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
23.4.13 give the impression that they emanate from us, if this is not the case; or
23.4.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
24. Any failure by the Company to enforce any or all of theses Conditions shall not be construed as a waiver of any of the Company’s rights hereunder.
25. The Company shall be entitled without the prior consent of the Customer to subcontract the whole or any part of the contract or to employ any independent contractor to perform its obligations under the contract and in so doing none of the obligations accepted hereunder by or the rights conferred on the Company shall in any way be negated or varied.
26. Should any term in this Contract be held invalid such invalidation shall not affect the validity of the remaining terms.
27. These conditions and all other express terms of the contract shall be governed and
construed in accordance with the Laws of England.
DEFINITIONS:
“(The) Company” – Cuffley Media Ltd. - Trading As - start2day with Baines, “(The) Customer” - The person or firm, purchasing from the Company “(The) Goods” - The products or services supplied by the Company
Start2day at Baines
Cuffley Gate, Sopers Road, Cuffley, Hertfordshire, EN6 4RY
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