Terms and Conditions for Websites1st are detailed below:
1) Definitions.
The Client: The company or individual requesting the services of Websites1st.
Websites1st: ‘us’, ‘our’, and ‘we’ refer to Websites1st.
2) Website Design.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Websites1st cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
The website, graphics and any programming code remain the property of Websites1st until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Websites1st remain the copyright of Websites1st and may only be commercially reproduced or resold with the permission of Websites1st.
Websites1st cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of Websites1st and where no charge is made by Websites1st for such additions, Websites1st accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Websites1st all materials required to complete the site to the agreed standard and within the set deadline.
Websites1st will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Websites1st will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Websites1st will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Websites1st will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
3) Compatibility.
Websites1st will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with current web browsing software e.g. Google Chrome, Microsoft Internet Explorer. Websites1st can offer no guarantees of correct function with all browser software.
4) Website Hosting.
Whilst Websites1st recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Websites1st.
Websites1st cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Websites1st reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any hosting service should the necessity arise.
5) Search Engine Optimisation.
When search engine optimisation is included in the work schedule, Websites1st will undertake to optimize and promote client websites as effectively as possible. However, we cannot guarantee a high position in search engine results.
6) Payment of Accounts.
A deposit may be required from any new client before any work is carried out. It is the Websites1st policy that any outstanding accounts/invoices for work carried out by Websites1st or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice, unless by prior arrangement with Websites1st.
Once any deposit is paid and work is completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
Outstanding balances on invoices not fully paid, by the payment due date, may accrue interest charges of 10% per month, added to the outstanding amount each month, until they are paid in full, at the discretion of Websites1st.
If accounts are not settled or Websites1st have not been contacted regarding the delay, access to the related website may be denied and web pages removed. Websites1st may then then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
7) Your Privacy.
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
8) Legal Restrictions.
Websites1st reserve the right to refuse to host, maintain, or service any website being used in violation of UK laws. Websites1st reserve the right to remove any such material or website without giving reason or cause. However, the client is ultimately legally responsible for the content of their site.
9) Complaints Procedure.
9.1 Informal procedure.
Anyone who experiences a problem with their web service provided by Websites1st should raise the matter directly via e-mail to complaints@websites1st.co.uk, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
9.2 Formal complaints procedure.
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Websites1st, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
10) Terms and Conditions.
Websites1st reserves the right to change the contents of these terms and conditions at any time. This version of our terms and conditions came into force on 8th April 2019. If you have any queries relating to our standard terms and conditions of business, email us at info@websites1st.co.uk