Our Terms and Conditions
The following terms and conditions apply to all website services offered by SiteChooser. By ordering a site from SiteChooser (We, Us, Our) you are agreeing to the following terms and conditions.
3. Copyrights & Permissions
4. Site Usage
5. Payment & Pricing
6. Website Design
7. Data Backup
8. Directory Services
9. Search Engine Registration
10. Website Hosting
11. Rights on Termination
12. Errors & Liabilities
15. Entire Agreement
© SiteChooser 2007
1. Definitions - In this agreement the terms have the following meanings: “The Client” means any person, company, partnership, organisation or other body at whose application, SiteChooser agrees to provide the products and/or services under the terms of the agreement. “The Agreement” means the contract between SiteChooser and the Client to which these conditions will apply. “The Order Form” means the digital or printed document completed by the client in order to enter the Agreement. “Order” is the request by the Client for products and/or services in the order form/agreement.
2. Headings - Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
3. Copyrights & Permissions - a) It is the clients responsibility to ensure that any website is lawful and does not infringe any copyright or other laws. Orders are accepted on condition that the wording complies with current legislation and confirms to the Business Advertisements (Disclosure) Order 1997 and the Trade Descriptions Act 1968. b) Any web page, design or website produced by SiteChooser carries a copyright, and cannot be reproduced without written consent. The placing of an order by the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of any additional artwork, design or photographs supplied, for use in the website. c) Any material, both text and images, supplied by the client and used in the construction of the clients website, will remain the clients property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. d) All SiteChooser designed websites will contain a copyright motif and a link to the SiteChooser website homepage.
4. Site Usage - We reserve the right to refuse to publish a website that we may judge as unfit due to content or otherwise. This includes, but is not limited to: a) Sites containing adult oriented material, such as pornography. b) Sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation. c) Sites which infringe copyright or are contrary to UK laws. d) Sites promoting Violence or Injury. Advocating, promoting or providing assistance in carrying out violence or any other unlawful activity against any persons, animals or any governments, businesses or other entities. e) Sites describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances contrary to any laws. f) Sites promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property contrary to any laws. g) Sites referring to copyrighted works, commercial video, music files, pirated software, ROMS, emulators, hacking, password cracking and any sites which provide "links to" or "how to" information about such material.
5. Payment & Pricing - a) The acceptance of a quotation either verbally or in writing shall be deemed as a contractual agreement between the client and SiteChooser. b) Payment terms are payment in full prior to commencement of a template website, bespoke websites require an upfront deposit of 50% with the remaining balance due no more than 28 days from completion of the site. Payment must be made by cheque and delivered to SiteChooser Ltd, Breckland House, 78 Wharfdale Road, Tyseley, Birmingham B11 2DE unless otherwise agreed. c) Payments made on a prepay basis are non refundable. d) Whilst any payment remains due under the agreement, SiteChooser shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. e) All payments by cheque, bankers draft, PayPal or money order must be made in pounds sterling. f) Any payment returned by the bank will incur a £25 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer. g) Late payments will be charged interest at the Bank of England standard rate plus 2%. h) SiteChooser reserve the right to alter our prices at any time without prior notice. If a design is ordered at an original price it will be honoured, however any additional work may be charged for using the new pricing structure. i) By agreeing to these terms and conditions your statutory rights are not affected.
6. Website Design - a) Once an order has commenced it will be completed using the information, data, and text provided at project commencement. Once the design process has been completed any changes and amendments may be chargeable. b) SiteChooser will be deemed to have provided the Client with ample opportunity of reviewing any template design prior to point of order, any request for minor alterations should be made at this time. All design layouts will be deemed to be accepted and approved at the point of order, unless the client notifies SiteChooser to the contrary. c) At the point of order SiteChooser can provide an estimated completion date, however we cannot guarantee this date as a final completion date. d) The client is ultimately responsible for checking the accuracy of all wording supplied to be used within the website.
7. Data Backup - a) SiteChooser will only backup files necessary to recreate the original website. b) An administration charge will be applicable to any requests to re-upload any website.
8. Directory Services - a) SiteChooser offer annually renewable packages for inclusion within a business directory, whereby they will work towards driving Internet traffic to the directory, whereupon sites within it will gain exposure. b) Directory services are renewable annually, renewal dates are based on when the service is purchased and not when the project goes live. Invoices will be provided approximately one month before the renewal date, failure to settle the invoice before the renewal date will result in the removal of a site from the Business Directory. c) No partial refunds will be given for Business Directory subscriptions cancelled during the current agreements time period.
9. Search Engine Registration - We submit websites and the Business Directory to search engines on a regular basis, however, we cannot guarantee inclusion or accept any responsibility or liability if any search engine, online directory or search site chooses not to list a client's website.
10. Website Hosting - a) The client understands that SiteChooser does not provide any hosting services in connection with a completed website. Web hosting services require a separate contract with the hosting service of the clients choice, whilst SiteChooser may recommend a hosting provider the ultimate choice remains with the client. b) The client agrees to select a hosting service which allows SiteChooser full access to the clients account via FTP (File Transfer Protocol). c) The client will be solely responsible for any and all hosting service charges. d) The client is solely responsible for ensuring all hosting services are renewed to ensure continuity of website service. SiteChooser shall have no liability to the client or any third party in connection with the renewal or any attempt to renew their web hosting contract.
11. Rights on Termination - a) Cancellations must be made within 5 days of the client viewing the completed website, otherwise no refund can be made. Cancellations made within 5 days, may be subject to a charge, if expenses have been incurred in respect of additional expenses from third parties including but not limited to: stock photography, online transaction processing solutions, domain name registration. b) All such cancellations must be in writing within 3 days of the client viewing the completed website, otherwise refunds will not be entertained. c) Domain name registration and web hosting agreements are separate contracts with an external provider, SiteChooser are in no way liable for any form of refund on these items due to a cancellation of a website. SiteChooser recommend the client fully reads the wording of the domain providers terms and conditions. d) The Client agrees to pay, and will be invoiced, for work completed to the date of first notice of cancellation.
12. Errors & Liabilities - a) SiteChooser will use its best endeavours to ensure the finished website is free of errors. SiteChooser may not be held responsible for any errors contained within the finished website. Such errors include but are not limited to: grammatical or spelling errors, misplacement of text or graphics. SiteChooser does not accept any liability for losses or damages arising from errors within the finished website. b) SiteChooser produce websites where every effort is made to display the pages acceptably on most popular browsers currently available, however we cannot accept responsibility for pages which do not display correctly due to chosen client variations of viewing preferences away from the manufacturers standard settings, AOL or text-based browsers. c) SiteChooser cannot accept responsibility for pages which do not display correctly on versions of browsers released after the project is completed. d) SiteChooser cannot accept responsibility for any alterations caused by a third party to the clients website once it has been uploaded to the hosting companies server. Such alterations include, but are not limited to additions, modifications, or deletions. e) SiteChooser hereby excludes itself, its Employees and or Agents from: All and any liability for loss or damage caused by any inaccuracy, omission, delay or error, whether the result of negligence or other cause in the production of the website. All and any liability for loss or damage to clients artwork/photos supplied for the site, immaterial whether the loss or damage results from negligence or otherwise.
13. Invalidity - In the event any one or more of the provisions of this Agreement and/or Order Form shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order Form shall be unimpaired and the Agreement and/or Order Form shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable, valid, legal and enforceable provision which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
14. Law - These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England.
15. Entire Agreement - SiteChooser reserve the right to alter any of the above terms and conditions at any time.