Terms and Conditions of Trade between Blueshift Internet / Web-Design UK and all Customers

This document describes the terms and conditions that any customer must agree to when purchasing from Blueshift Internet / Web-Design UK.

This document, and all agreements between Blueshift Internet / Web-Design UK and any other party will be governed by English law and we will be regulated by English Courts.

The "customer" means any person who orders a product or service from Web-Design UK and includes anyone who completes an electronic order form requesting a product or service from Web-Design UK, or has existing products or services provided by Web-Design UK. This extends to cover website orders, domain name registrations, hosting and consultancy. Any customer must be able make the appropriate decision to purchase any product with a legal basis for doing so, including but not limited to being aged over 18 (or have the consent of a parent), being the person empowered within the respective organisation for doing so and not being barred by any other means.

"We" and "us" refer to Blueshift Internet & Web-Design UK. The phrases "us"; "we" and "the company" extend to cover any persons who we choose to appoint as working for Web-Design UK / BlueShift Internet. The phrases "Web-Design UK" and "BlueShift Internet" are interchangeable and mean the same for the purposes of this document.

"Service" refers to any product or service provided by Web-Design UK independent of the amount, if any, of fees paid for the service or product.

"Provide" means deliver to the end user "the customer" by Web-Design UK or any other means where Web-Design UK may or may not be the originator or manufacturer of the product or service. Web-Design UK may subcontract or use any other company, individual or organisation at any time to deliver the product or service to the customer and the customer will be required to accept all terms and conditions from the service provider chosen by Web-Design UK.

This document along with all other material produced by Web-Design UK may be revised, updated, removed or modified at any time without notice.

"Registering" extends to cover ordering a registration via completing an order (either by telephone, fax, E-Mail, web site or other communication).

A "name" or "domain name" includes any top-level domain name such as domain.co.uk or domain.com offered for sale at any time in the past, present or future by Web-Design UK.

When registering a domain name, or purchasing any service from Web-Design UK, the customer agrees to the following conditions in addition to the above:

1) That they are legally and morally entitled to use the specified domain name or other product;

2) There is no civil or criminal objection to the name or use of the product;

3) They will not re-sell without permission any of the products;

4) They will not re-brand or otherwise remove the copyright, trademarks, credits, links or other messages from Web-Design UK or any other organisation;

5) That the information they provide is correct and true to the best of their knowledge;

6) That they will notify Web-Design UK when any of the information changes;

7) That they are operating with the full consent of the parents if aged under 18, or that they have full consent and are empowered to do so by the organisation for which they are registering a name;

8) That the domain name and any other services will be used for a legal and moral purpose in the country for which the product is aimed at use within, and that it meets any internationally-accepted agreements / requirements, this includes Web Sites that are capable of being displayed in more than one country;

9) That the domain name and any services provided by Web-Design UK will be used solely for content appropriate to all age groups, opinions, race, religion or other group and does not discriminate or contain any offensive content (which includes racist, sexist, illegal, pornographic, adult, defamatory or any other definition that we choose to use at any time.)

10) As far as possible within law, where necessary, the product may differ slightly from that shown on the order form or web site, but will be of an equal or greater value than that agreed and will still be suitable for the purpose in which it was intended and be of acceptable merchantable quality in our opinion.

11) Web-Design UK will endeavour to confirm that the customer is entitled to trade with us and that the customer is allowed to order any product including domain name registrations prior to actioning the order. However, we cannot be held responsible if the transaction has been fraudulently commenced by the customer without our knowledge. To the best of our knowledge the transaction occurs in good faith.

12) Charges and Payment.

The customer agrees to send all payment for any service they request from Web-Design UK within 14 days from receipt of the product, service or invoice, whichever occurs sooner. Full payment must be received in either cheque, cash, or other acceptable cleared funds in UK Sterling. Services will not be maintained on outstanding accounts or un-paid fees for any service or domain name.

12.1 The Company shall levy Charges (by the submission of invoices) in respect of the Services in accordance with these terms and contitions. Such Charges (where they are not expressed to be fixed fees) shall be calculated upon a time and materials basis at Company's current rates or as agreed between the parties from time to time.
12.2 The Company shall during the term of this agreement maintain accurate and up-to-date records of the time spent by its staff upon the Services.
12.3 The Customer shall pay a deposit of 50% of the Charges to the extent such Charges are agreed (the Deposit) within 28 Business Days prior to the commencement of the Services, which shall be non refundable.
12.4 The Customer shall pay the balance of any Charges levied within 14 days of receipt of invoice.
12.5 All Charges are exclusive of VAT.
12.6 If the Customer fails to pay any amount payable by it under this agreement, the Company shall be entitled but not obliged to charge the Customer interest on the overdue amount, payable by the Customer on demand, from the due date up to the date of actual payment, after as well as before judgment, at the rate of 2% per annum above the base rate for the time being of Barclays Bank Ltd. Such interest shall accrue on a daily basis and be compounded quarterly. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
12.7 If the Customer fails to pay any sum due under this agreement or any other agreement between the Company and the Customer on its due date then the Company shall be entitled to immediately suspend all work or Services until payment is made. Any costs or expenses incurred by reason of such delay shall be charged to the Customer.
12.8 Without prejudice to the company's right to charge interest on late payments and any other incurred charges; as well as the customer's rights (if any) to cancel the contract; for purchases over £1,000 exclusive of VAT, a guarantee (such as credit card) may be required which the customer is to provide in order to proceed with their order. The purpose of this will be to safeguard the recovery of the value of your contract for goods or services in the event of non, or late payment of invoices.
12.9 If any part of a Customer account or any invoice is outstanding or in dispute then we retain the right to stop any other service(s) on the account and withhold transfer of any domain name(s) until either the account is settled in full, or the Company deems the dispute fully resolved.
12.9 We accept a wide variety of payment types. Payment by certain methods (e.g. credit/debit card) may incur a fee of approx 3.4% which will be added to the customer's fee if this payment method is chosen.

13) When requesting, ordering, purchasing, or otherwise procuring a web site service from Web-Design UK, all material given to Web-Design UK will be original and not subject to any dispute or other problems, legal or civil and the customer agrees that this situation is not likely to occur in the future, (and has not occurred in the past) to the best of the customer's knowledge. Any material given to Web-Design UK may be published on the internet.

14) For hosting, domain name registrations and all related services except web site design and promotion we may subcontract services, technical support & maintenance services. The customer acknowledges this and agrees to all of the terms and conditions imposed by the contracted service, suchas Nominet UK, Rackspace, Network Solutions /TuCows and its associated service providers.

15) The customer agrees to the Web-Design UK privacy policy.

Web-Design UK may refuse sale to any individual person, company or other organisation at any time for any reason.

Web-Design UK and any of its suppliers (this includes any domain name registration companies / organisations that Web-Design UK chooses to use to provide services) may remove, terminate, suspend or otherwise modify the service at any time without reason provided that there is a justifiable reason for doing so. This includes a breach of any of the above terms and conditions as well as any other action that Web-Design UK or its suppliers or any other organisation or individual decides requires it.

Web-Design UK may withdraw any special promotional offer at any time for any reason.

The customer agrees that Web-Design UK may use any of the details that the customer passes to us for marketing reasons.

The customer must ensure that any persons referred to in content given to Web-Design UK by the customer, such as photographs or other media, has the consent of the associated persons referred to in the media for internet publication.

When content has been agreed by the customer and/or given to Web-Design UK by the customer, in any dispute regarding the content of the web site, domain name, or other service provided by Web-Design UK, the customer agrees to indemnify as far as possible Web-Design UK and to accept all responsibility for the web site content.

Web-Design UK does not accept any responsibility for any action beyond its control that may affect the customer's services. This includes act of God, or other social, political or technological problem. The customer agrees to arrange any required insurance or other actions necessary to cover problems that may occur and not to hold Web-Design UK responsible.

The customer will notify Web-Design UK of any issue relating to the above if and as soon as they occur.

The Notice Period for cancelling any services we provide is 3 months from the end of your rolling contract or 3 months from end of current full month of service, as per your hosting, email or domain name contract or period of service dates. No part of an annually raised service is refundable.

Hosting is the storage of the files and any services needed to run the customer's web site. These may or may not be accessible from the internet. Web-Design UK recommends hosting all services for The Customer's web site(s) and will provide this as an option to the customer. If the customer does not require hosting, they must inform Web-Design UK before asking the web site to go live and also provide us with a medium to store the web site on within a reasonable time at Web-Design UK's discretion. The hosting will start from the date the customer agrees that the web site can "go live" on the internet, whether or not on the client's domain name. The payment is required in advance for the year. Customers can pay annually, monthly or quarterly or any other period the customer chooses at Web-Design UK's sole discretion. Hosting includes the full E-Mail services, (except SMTP), FTP and storage of the customer's web site HTML (or associated) files only. These must only be required for the web site and are capable of being displayed in a web site browser. We reserve the right to modify, remove or disable access to (or delete) any files the customer stores if the files breach our or any of our ISP's terms and conditions or other agreement, any outstanding payment(s), or for any other reasonable purpose. There is no bandwidth restriction but Web-Design UK reserves the right to disable any web site which is adversely affecting the other sites on our ISP; or if Web-Design UK (or any of our ISP's / associated companies & brand names) feel a customer is using an unreasonable amount of bandwidth or services. This may be done without warning at any time. Should payment not be received the service may be disabled within 7 days and all content removed without notice. The service is not guaranteed to be available 100% of the time. There will be a requirement for our ISPs to make upgrades resulting in temporary periods of service loss. This will occur without warning at any time but will be for the shortest possible time and of reasonable duration. There is no guarantee of E-Mail or any other service security. None of the products/services provided should be used for mission critical purposes unless agreed to in writing by Web-Design UK.

Web-Design UK may stop any or all services at any time for any reason. Should the interruption be permanent, at the Company's discretion a refund or other reimbursement may be given.

The customer and any web site visitor to any site hosted by Web-Design UK agrees that we may use your personal information as described in our privacy policy. You acknoweldge that any information disclosed by you is done so at your own risk and may possibly be viewed by third parties.

Like most organisations/ISPs we may use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of visits / clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. All of this information may be disclosed to clients of Web-Design UK but will not be personally identifiable.

WORKING FILES
Files used to display the web site can be supplied on request once full payment for any outstanding fees has been received by the Company. These are the files required to display the website, but does NOT include Origination Files, Content Management System Files (CMS Files) or Administration Area Files (see "ORIGINATION FILES" below).

ORIGINATION FILES
Origination Files, Content Management System Files (CMS Files) or Administration Area Files are not included as part of the product or service, and are NOT supplied on completion of the project unless the Company permits this and the client then chooses to pay an additional cost to be quoted at the time of the request of those files. This includes file types suchas Quark (.qxd), Adobe Indesign (.indd), Adobe Illustrator (.ai), Adobe (Macromedia) Dreamweaver (.dwt, .html, .php, .asp, .cfm, .css, jquery, javascript etc), Adobe (Macromedia) Flash (.fla), Adobe (Macromedia) Fireworks (.png), Content Management System (CMS) files and code, and any other file that Blueshift Internet / Web Design UK deems an origination file or part of the CMS.

DATABASES
Each website may use multiple databases to run the website. Databases can be exported and supplied to the customer for a fee of £185 + VAT per database. This fee applies each time the database export is requested, and payment must be made in full before the database is supplied to the customer or permitted third party.

INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights created pursuant to this agreement shall belong to the Company. Web-Design UK retains the Intellectual Property Rights to all products, files and services unless otherwise agreed to in writing with the client.

Blueshift Internet / Web-Design UK
The Design Centre, Higher Listock Farm, Wrantage, Taunton, Somerset, TA3 6DP.
Tel: 01823 491491   E-mail: enquiries@web-designuk.co.uk

© Web-Design UK, 2002-12. All Rights Reserved.