Legal
Our legal section contains information about our terms and conditions and terms of service. Whilst we understand that Legal documents are not everyones cup of tea, we do encourage you to read them before committing yourself to any project, with us or any supplier. If you require a PDF version of these documents then please contact us.
Website Design Terms and Conditions
eSoftware Solutions Limited
10th August 2006
Orders are accepted on condition that the wording complies with current legislation and confirms to the provisions of the British Code of Advertising Practice.
Definitions: In this agreement the terms have the following meanings:
a) “The Client” means any person, company, partnership, organisation or body at whose application, eSoftware Solutions Limited agrees to provide the products and/or services under the terms of the agreement.
b) “The Agreement” means the contract between eSoftware Solutions Limited and the Client to which these conditions will apply.
c) “The Order Form” means the digital or printed document completed by the client in order to enter the Agreement.
d) “Order” is the request by the Client for products and/or services in the order form/agreement. This agreement may be presented as a formal purchase order number or an email. A deposit payment may be accepted as confirmation of your order.
e) “Completion of site” means 5 days from the site being uploaded to a temporary site on the server of eSoftware Solutions Limited, for approval by the client, without notification from the client that the site is unsatisfactory.
A web site uploaded to a 'live' location accessible by the public is deemed as a completed project.
f) "Deliverables" are the outputs of services to be supplied under the agreement and shall include but are not limited to, all software and written material, including programs, tapes, listings and other programming documentation.
Scope: This agreement shall apply to all goods and/or services ordered by the client from eSoftware Solutions Limited.
Payment: An upfront payment of up to 50% of the total fee is due with order, unless otherwise agreed, in which case payment is due upon completion of site. Whilst any payment due under the agreement remains outstanding, eSoftware Solutions Limited 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. Likewise, eSoftware Solutions will retain sole legal ownership of all web sites until outstanding payments have been cleared. Any items you have supplied such as copy or media will be returned to you. All payments by cheque, bankers draft or money order must be made in pounds sterling. All credit card and debit card transactions will be processed in pounds sterling.
Late Payments: Late payment (debts older than 30 days) may be subject to an additional charge as per the Late Payment of Commercial Debts [Interest] Act 1998. The amount of this charge will vary depending on the age of the debt. In addition, under the late payment legislation, a late payment may also be subject to a debt recovery charge.
Copyright: Any web page; design or entire site designed by eSoftware Solutions Limited carries a copyright, and cannot be reproduced without written consent. The placing of an order by the client or other person/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the advertisement. If the client requests that copy and content is supplied by eSoftware Solutions Limited then we will source and supply content that we believe to be royalty free at the time of purchase. The Advertiser/customer must indemnify eSoftware Solutions Limited in respect of all actions; proceedings; costs demands and claims arising from any such breach of copyright.
Selection of Domain Names: eSoftware Solutions Limited may suggest domain names which it may be appropriate for the Customer to acquire. The Business will assist in the acquisition of domain names but will only act as the agent for the Customer in this capacity and, in particular:
g) The contract for registration will be between the Customer and the Naming Authority;
h) The Customer shall be bound by the terms and conditions of the Naming Authority and a copy of these will be provided by eSoftware Solutions Limited to the Customer;
i) eSoftware Solutions Limited does not guarantee registration of the selected domain names; and
j) eSoftware Solutions Limited gives no warranty that any domain name so registered does not infringe the rights of others.
Precautions: Advertisements must comply with the Business Advertisements (Disclosure) Order 1997 and the Trade Descriptions Act 1968.
Delivery: on completion of work, the deliverables will be uploaded to the client area of eSoftware Solutions Limited server for approval under the terms of the guarantee. Upon approval by the client (and this includes the request to make the web site ‘live’), the deliverables will be uploaded to the client’s server or the web site will be enabled on our hosting services. Where the clients site is being hosted by a third party, eSoftware Solutions Limited reserve the right to delay uploading of deliverables until full payment has be received.
When working to deadlines set by the client we will assign the neccessary resource to a project. We therefore expect the client to honour this deadline. We
Guarantee: In the event that the client is not satisfied with the design of their website they are entitled to a full refund of the design fees. Additional charges including but not limited to: stock photography; custom graphics; electronic commerce software; online transaction processing solutions; domain name registration; web space; Internet connection provided by third parties are non refundable.
Refunds: cancellations must be made within 5 days of the client viewing the completed web site 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; electronic commerce software; online transaction processing solutions; domain name registration; web space; Internet connection. Where possible third party products will not be purchased until the design has been approved. All such cancellations must be in writing within 3 days of the client viewing the completed web site, otherwise refunds will not be entertained.
Acceptance of Conditions: The placing of an order will confirm acceptance of the aforementioned conditions.
Law: These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of Great Britain.
Website Hosting Terms and Conditions
eSoftware Solutions Limited
10th August 2006
1. Definitions
In these special terms and conditions:
The following terms have the following meanings:
• Code of Conduct means the minimum code of conduct required on a website to be hosted by eSoftware Solutions Limited.
• Host Server means the dedicated server computer of eSoftware Solutions Limited which is integrated into the World Wide Web via the Internet.
• Material means any material contained in or linked to the Website and (if applicable) contained in any discussion group, chat room or bulletin board on the Website.
• Service means the service described in clause 3 of these special terms and conditions.
• Website means the Website of the Customer.
2. Duration
This Agreement continues until it is terminated by either party giving to the other not less than 3 (three) months prior written notice of termination on a 12 (twelve) month contract, 1 (one) month written notice on a month to month rolling contract.
3. Hosting Service
eSoftware Solutions Limited agrees to host the Website on the Host Server and provide connection to the Internet via the same.
4. Suspension/Disconnection
eSoftware Solutions Limited may suspend or disconnect the Service if the Customer:
4.1 fails to make payments when due (typically 30 days after date of invoice for annual contracts or 14 days for monthly contracts)
4.2 is in breach of these special terms and conditions.
5. Hosting Conditions and Customer Undertakings
5.1 The Customer undertakes to comply with the Code of Conduct and acknowledges and agrees that the Business is entitled at any time and without notice to remove the Website from the Host Server and/or bar access to the same in the event of any violation or alleged or suspected violation of the Code of Conduct or if otherwise authorised so to do by a competent law enforcement agency.
5.2 The Customer undertakes that the Material must comply with the following basic standards:
5.2.1 All information and activities must be legal, decent and honest (in terms of the Customers applicable law and standards);
5.2.2 Data protection legislation within the Customers applicable law must be adhered to in order that the collection of personal information is not traded or disclosed illegally;
5.2.3 Distance selling requirements as relate to on-line activities must be complied with as laid down in the Customers applicable law;
5.2.4 Other applicable trading standards and laws and regulations as the same are created from time to time and notified to the Customer must be complied with.
5.3 The Customer undertakes to comply with generally accepted principles of Internet usage (whether governed by the laws of any jurisdiction or not) including:
5.3.1 Refraining from sending spam mail (i.e. unsolicited mass communications);
5.3.2 Never sending mail bombs, trojan horses, viruses or other disruptive programmes or devices;
5.3.3 Never pirating or otherwise illegally using software or other proprietary material;
5.3.4 Never violating the security of any website or engaging in unauthorised decryption of protected material.
6. Specific Customer Responsabilities
6.1 The Customer is solely responsible for the accuracy, legality, currency and compliance of the Material and Website and will be solely liable for false, misleading, inaccurate, infringing or other actionable Material.
6.2 The Customer is solely responsible for maintaining the confidentiality and security of its Internet Account and usage including, where applicable, use of its unique logon ID.
6.3 The Customer acknowledges and agrees that eSoftware Solutions Limited may be required by a law enforcement agency to monitor Website content and traffic and if necessary give evidence of the same together with use of any logon ID required to support or defend any dispute or actionable cause or matter which arises in relation to the same.
7. Customer Indemnity and Waiver
7.1 The Customer agrees to indemnify and keep indemnified eSoftware Solutions Limited, its successors and assigns, and each of their respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any Material posted on the Website, from its discussion groups or from any other matter relating to this Agreement including but not limited to use of the information contained on the Website, from discussion groups or arising from any introduction or collaboration resulting there from or otherwise arising from the Website.
7.2 The Customer waives any right to bring any claim or action against eSoftware Solutions Limited for any loss, damage or injury arising from the Website or any Material from the Website or from the Code of Conduct.
8. Exclusion of Warranties
8.1 The Business does not warrant that the Service or the Host Server will be continuously available 24 x 7 x 365 but will use its reasonable endeavors to keep to its target of 99.8% uptime.
8.2 The Customer accepts the Service and the Host Server AS IS with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, continuity of service, connectivity, merchantability, fitness for a particular purpose or non-infringement.
9. Liability
For the purpose of clarity it is expressly stated that the exclusion from liability extends to any loss or damage arising directly or indirectly from the Server, the connectivity to the Internet, the Services, the Website, any software (including Bespoke Software) its use, application or support.
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