Terms & Conditions

Scarborough Website Design - Terms & Conditions

We want to make being a Scarborough Website Design customer the best experience it can be. The terms of using our service are set out with this in mind. If you have any queries about our terms of use, please email: gary@scarboroughwebsitedesign.co.uk

Scarborough Website Design provide Hosted Virtual Private Servers and additional services. Scarborough Website Design reserves the right to suspend or cancel a customer's access to any or all services provided by Scarborough Website Design when Scarborough Website Design decides that the account has been inappropriately used, including abuse, or otherwise.

Note, all our services are covered by the General Terms and Conditions below, in addition please see service specific terms and conditions as below.

Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our T&Cs. We will, however, notify you of any prominent changes we feel you need to be pro-actively made aware of.

By signing up for any of our services you agree to be bound by all the Terms and Conditions listed here.

General terms and conditions

Virtual Private Server use

Scarborough Website Design reserves the right to refuse service and/or access to its servers to anyone.

Scarborough Website Design does not allow any of the following content to be stored on its servers:

Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.

Excessive download content or non-linked content.

Refusal of service based on content matching either of these two criteria is entirely at the discretion of Scarborough Website Design.

Support

We will endeavour to provide a continuous high quality service. If you experience problems with your service, you should contact us at once, by phone or email.

Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services.

 


ACCOUNT & WHOIS INFORMATION

You confirm that all details provided by you to Scarborough Website Design are true. Failure to do so for any reason will amount to a material breach of this agreement and Scarborough Website Design reserve the right to terminate your Services immediately upon such breach without notice and without any refund to you.

The nature of information you are required to provide may change and you must provide such information once requested.

You are responsible for regularly monitoring correspondence sent to the email address you provided to Scarborough Website Design in your account details. Any correspondence from Scarborough Website Design will be sent to this address and there may be consequences relating to charges or the loss of your rights to the domain name(s) or Services if you do not monitor such correspondence and respond accordingly.

You hereby acknowledge your understanding that you are obligated to maintain your account details for the purpose of providing the registrant, the administrative, billing or technical contact appearing in the WHOIS directory with respect to a domain name, as required or permitted by ICANN, Nominet or other applicable registry policy.

Payment Policies

All server hosting accounts are set up on a prepay basis. Although Scarborough Website Design reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is normally due annually, quarterly or every 30 days, in advance following the date the account was established. Customers credit or debit cards will automatically be charged again at the end of their prepay period unless closure notification has already been given.

In situations where the card number on file is declined Scarborough Website Design will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Scarborough Website Design reserves the right to suspend all other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

Invoices will be sent by email, or regular mail if requested. Payment is due on, or before the date on the invoice.

If payment has not been made within 14 days of the renewal date your services will be suspended until payment has been received.

This includes Websites, Emails, Shopping Carts and any other aps provided by SWD.

If this should happen, you will also incur costs for returning your services to normal.

 

You are required to have a valid email address registered on your account at all times, failure to do so may result in suspension of your account.

Please note that whilst this email is primarily used for billing purposes, Scarborough Website Design reserves the right to email you information about enhancements to our systems and product offerings.

Your email will not be passed to any other parties at any time.

Payment options

In order to streamline our accounting procedures and keep costs down Scarborough Website Design currently runs a limited number of payment options.

By Bank Transfer :

If you wish to pay your bill using bank transfer/BACS, please use the account number which is shown on your bill

Cheque Payment:

This option is only available to business customers who pay annually for their Scarborough Website Design hosting account. Payment should be cleared before a new year of hosting commences. Scarborough Website Design cannot guarantee that a service will be provided until after any received cheques have been cleared. Do not send cash in the post. Please do not send post-dated cheques as they will be processed upon receipt and you may incur bank charges as a result. Receipts will not be issued for cheque payments.

Cancellation of New Website Design Sevices

Any cancellation of design services by the client after commencement will incur a termination fee of £250 plus any charges for work already started, including research, visits to clients premises, design mock-ups and layouts etc, emails, phone calls and any other work pertaining to the work requested.

Completion of Website Design Sevices

The client must supply all the text and image content for their website. If the website has been finished except for content the client will be given 14 days to supply any outstanding content wherupon standard Latin preview text and image holders will be added and the site will be regarded as finished and billed. The content can then be added at a later date by the client, if a CMS website has been built, or by SWD and further work will be chargeable.

Cancellation and refunds of Hosting Sevices

Scarborough Website Design reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes the Scarborough Website Design terms of service a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.

Fees charged on a prepay basis are non-refundable. Customers are not entitled to receive a refund unless the service is cancelled by Scarborough Website Design.

In addition some accounts may incur set-up fees, these charges are also non-refundable.

Annual, quarterly, and monthly Hosting Fees, domain name renewals and transfers

Annual Hosting Fees and domain name renewals will be automatically renewed unless you have informed us by email or in writing at least 30 days before the renewal date.
If you wish to purchase or transfer a domain, at least 14 days notice is required and any work involving Scarborough Website Design is chargeable.
Once notice has been received your domain will be usually be unlocked within 7 days after payment has been received.

View Full Payment Terms & Conditions Here


Allowing persons other than those employed by Scarborough Website Design (SWD) to work on your website.

You confirm that you are aware that any mistakes or legal issues that may arise when changes are made to the Website other than by SWD personnel will be your full responsibility.

You enter into an agreement with the understanding that you are responsible for your own results. You hold us free of all liability and responsibility for any actions or results or adverse situations created as a direct result of any other person or company working on your website other than SWD.

Any further work needed to rectify the website will then be chargeable at our standard rate.

When another person or company works on the website, the Website we provided is then considered a finished work.

We are more than happy to provide future support upon request, at extra agreed cost, but are not obligated in any way to do so at our discretion dependent upon the seriousness of the situation.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Scarborough Website Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable Legal fees asserted against Scarborough Website Design, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Scarborough Website Design against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Scarborough Website Design' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products or services sold to customer by Scarborough Website Design.

Abuse

Abusive language or emails will not be tolerated.

SWD reserve the right to access and share any information sent or received over the company's server if abuse is suspected.

Disclaimer

Scarborough Website Design will not be responsible for any damages your business may suffer. Scarborough Website Design makes no warranties of any kind, expressed or implied for services we provide. Scarborough Website Design does not back up your data/website unless it is placed on a load balanced server, and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Scarborough Website Design cannot guarantee to be able to replace lost data. Scarborough Website Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Scarborough Website Design and its employees. Scarborough Website Design reserves the right to revise its policies at any time.

Please note: by using any of our services you agree to be bound by all Scarborough Website Design terms and conditions