SoWebUs!

Terms & Conditions

Website Design

By making any payment to SoWebUs, you confirm that you are in agreement with and bound by the terms and conditions below. Your statutory rights are not affected.

Definitions:

The Customer: The company or individual requesting the services of SoWebUs.

SoWebUs: Primary designer/site provider & employees or affiliates.

Subscription(s): An initial first year fee is payable and recurring annual renewal payments are payable. The second year fee will be agreed at the time of sale and a Schedule of Payments will be sent to the customer along with these Terms and Conditions setting out relevant payment details.

Service(s): "The Service" as mentioned in these Terms and Conditions relates to any paid for service (as paid by the customer to SoWebUs) provided by SoWebUs to a customer and includes the development and publishing of a website and the website packages on offer to customers and the various additional benefits or provisions included as a part of a package. SoWebUs (trading name of SoWebUs.com Ltd.) will use reasonable endeavours to ensure a prompt and continuing service as described in these Terms and Conditions but will not be liable for any loss of data resulting from delays, non-deliveries, or service interruptions caused by circumstances beyond the direct control of SoWebUs, or by errors or omissions of the Customer.

Specification: The domain name, the agreed site structure, the page names and sub headings, email address(es), the amount of text content and number of images (from the customer or provided from SoWebUs) for each page. The specification is constructed by way of verbal and / or written instruction by the customer for any content and is initiated between the customer and SoWebUs at the time SoWebUs visits the customer. The production of a website according to the specification as agreed with the customer during the sales presentation will entitle SoWebUs to full payment (or balance) of the first year's fee; only minor modifications will be undertaken by SoWebUs upon customer review of the built website. Further development of the site outside of the scope of the agreed specification will be chargeable. Additionally, any payment for our services also indicates acceptance of these terms and conditions and that an agreement has been formed.

Package: Customers choose a website with a set number of pages and any special content. One email address is allocated as standard. Additional email addresses may be charged for.

General

An order is effected once a customer instructs SoWebUs to build a website or for further development of the same. Customers have the right to terminate this agreement within 72 hours of making any initial payment for our services. However, no refunds whatsoever will be made for any payments in respect of the first year or subsequent fees.

Website Design

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, SoWebUs cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of SoWebUs until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) provided by SoWebUs remain the copyright of SoWebUs and may only be commercially reproduced or resold with the permission of SoWebUs.

SoWebUs 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. SoWebUs use a preferred image agency and after a template has been chosen, will offer customers the choice to select images to enhance their website. The service of each insertion will increase the initial year’s fee. Any images inserted will be under Royalty Free (RF) licensing and this means that the image usage license remains with SoWebUs and IS NOT transferred to the customer. No ownership of the image can ever be achieved or claimed. The customer may change the image’s position on their website but may not transfer or otherwise distribute or reproduce or transmit the image to anywhere – the image can only be used for display on the website itself. Images may not be increased to a size greater than 800 pixels and may not be resized to become more than 50 per cent of a page area. For websites with more than 10 RF images inserted by us, these must be sized no greater than 150 pixels in height or width. RF images must not be displayed in a gallery or library type format.

Any additions to the specification will be carried out at the discretion of SoWebUs and where no charge is made by SoWebUs for such additions, SoWebUs 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. SoWebus can provide websites at great value to a customer only because it relies on a very fast turnaround of sale to website completion and payment. The customer therefore agrees to supply SoWebUs with all content required in order for SoWebUs to complete the website to the specification within one week of the customer visit and instruction to SoWebUs to build a website.

Usually, within 7 working days of receiving payment towards the initial year’s fee and registration of a domain name and / or the instruction to build a website, SoWebUs will build a site for a customer and demonstrate the built site online via a sub domain link. On customer inspection and approval together with full payment, the website will be transferred to the agreed domain name for the business.

From this moment onwards, unless any special arrangements have been agreed, the customer must update their site themselves and SoWebUs will not be responsible in any way for further content changes or updates. However, customers may sign up for a ‘maintenance included’ service whereby SoWebUs will undertake updates on a customer’s behalf. Extra fees will be payable for this service. Alternatively, customers may instruct SoWebUs to update content for a per hour fee.

SoWebUs will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

SoWebUs 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.

SoWebUs will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the customer or any of the customers appointed agents.

Database, Application and E-Commerce Development

SoWebUs cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, cgi applications or software (unless specifically agreed) provided by SoWebUs remain the copyright of SoWebUs and may only be commercially reproduced or resold with the permission of SoWebUs.
The client is expected to test fully any application or programming relating to a site developed by SoWebUs before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, SoWebUs will endeavor (but is not obliged to) to correct these issues.

Contract of Service 

The contract period shall be for a minimum of two consecutive years. Contract of Service begins immediately after a customer has made any payment for the commencement of our services (i.e. a deposit or the initial year’s subscription fee).
A further years subscription will be payable on or before the anniversary of the date of initial year’s payment and each year thereafter.

Renewal for the service shall continue each year unless written cancellation notice is received by SoWebUs within 30 calender days from the end of the second year period and from the end of each year thereafter.
SoWebUs may elect to suspend or terminate the Service immediately on any default of payment by the Customer.
From time to time parts of the SoWebUs network may be taken off-line for repair, upgrade or routine maintenance. SoWebUs will endeavour to give as much notice as possible but will not be held liable for any unscheduled downfall in the Network due to extraneous conditions including but not limited to Act of God, inclement weather, act of telephone or Governmental organisations or power failure.

Customers are provided with fixed amounts of diskpace and bandwidth per month. Ordinarily, an allocation of 30mb diskspace (to include email) and 1GB of bandwidth is provided. In the event that a customer requires more diskspace or bandwidth, this can be effected for an additional fee. Customers cannot add pages but can elect to pay for additional pages at any time.

Improper use and Liabilities 

The Customer shall acknowledge that he/she will only use the Service for lawful purposes. The Customer shall not use the Service to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property (including any trade mark or Copyright). This extends to violations due to any spamming and or bulk email activity for which SoWebUs can and will follow up by litigation.

The Customer shall take reasonable precaution to prevent the reception and transmission of viruses to the SoWebUs Network and beyond and shall not attempt any intentional and malicious damage to the SoWebUs Network or use the Service to affect other computers.

It is the Customer's responsibility to keep all user names and passwords secure and not let third parties knowledge or access to them or to store them on any computer in plain text or in a format that is easily accessible.

The Customer will notify SoWebUs immediately by e-mail in any event of a username or password becoming known to a third party.

The Customer hereby indemnifies SoWebUs or its trading concerns against any action taken by a third party resulting from the Customer's use of the Service.

The Customer shall notify SoWebUs of any action taken against them by a third party and will not hold SoWebUs liable for any resulting costs.

The Customer shall be responsible and liable for any costs to telephone companies by use of the Service from their point of connection.

The Customer acknowledges that SoWebUs cannot exercise control over the content of information passed across the Internet and via the Service.

The Customer agrees to conform to the acceptable policies of connecting to other Networks or computers across the Internet.

Sub-lease/Re-selling Restrictions

The Customer agrees not to re-assign, re-sell, sub-lease or transfer their account in any way, shape or form without the proper procedures being followed as required by SoWebUs and the appropriate domain name registry. Contravention shall lead to immediate termination of the Service to the Customer by SoWebUs.

Domain name agreement 

SoWebUs will register a domain to an individual and/or business on a per domain basis and the individual or company is granted exclusive use of this domain provided that all fees are paid and the balance of any accounts are kept up to date. You agree that SoWebUs will act as the administrative and technical contact for the domain used for the service. For customers who already own a domain name and it is agreed that the IPS Tag is transferred to a Registrar used by SoWebUs, then SoWebUs will handle domain renewal. Domain renewal for domains not set up by SoWebUs and where SoWebUs have simply changed namerservers to enable hosting, domain renewal will be the sole responsibility of the customer and SoWebUs will be released from any responsibility for any loss of goodwill or financial consequences arising from the loss of the domain name.

By registering a name you agree to keep SoWebUs and its associated companies and its Directors fully and effectively indemnified at all times against action brought about by any person, persons or company against you in using the name. You will assume liability and costs for any such action and release SoWebUs and its associated companies should any such situation arise.

Any registered domain can be used for any legal, decent and honest use on the Internet and must not breach any UK laws or international laws. The name cannot be used for any immoral or pornographic use. The registrant agrees to have read and accepted the terms and conditions of the appropriate domain registry before ordering a domain name for registration by SoWebUs. The Registrar SoWebUs currently uses is 123reg and their terms can be found on their website at www.123-reg.co.uk.

SoWebUs shall not be liable for indirect, incidental or consequential damages, including loss of income, data, or information in any event by use of the Service.

SoWebUs reserves the right not to register or assign any domain name for whatever reason.
SoWebUs itself reserves the right to withhold administrative access to any domain name created by it on behalf of a customer if payments have been defaulted upon.

SoWebUs reserves the right to vary the rate charged for domain name registrations and renewals and/or modify the services offered. SoWebUs will set up automatic domain registration renewal at the registry. SoWebUs will action and ensure the renewal process provided that all fees due have been paid as well as the annual subscription fee.

General terms and law 

SoWebUs reserves the right to do normal system housekeeping such as creating back-ups AND does accept responsibility for ensuring back ups are effective - your data security is your own responsibility.

If SoWebUs suspect Illegal Activity, we may notify the authorities and reserve the right to do anything on the system which our legal counsel advise us to do in the protection of the system.

This Agreement is governed by the laws of the United Kingdom, and you consent to the exclusive jurisdiction and venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to your use of the SoWebUs service.

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and SoWebUs as a result of your use of SoWebUs. You agree not to hold yourself out as a representative, agent or employee of SoWebUs. You agree that SoWebUs will not be liable by reason of any representation, act or omission to act by you.

Each respective Registry (ie Nominet, InterNic etc...) will notify the legal registrant of the disputed domain(s) of their position and liaise with all parties in dispute as determined by their respective terms and conditions of service provision. SoWebUs cannot enter into any direct involvement with the resolution of any dispute other than inform and relay to its customer any information supplied by the appropriate Registry as we have no ultimate control over of any domain assigned by any Registry.

SoWebUs reserves the right to action on a customer website the application of giving copyright credit to a copyright owner or the removal of any copyrighted material (such as images) in the event that such copyright owner, according to law, demands this and is deemed to have such a right to demand this (also to include any insertions made by SoWebUs on initial customer website creation despite acting in good faith and following its interpretation of the law). The customer takes full responsibility and liability for any copyright infringement caused by their actions or content and holds harmless SoWebUs from any liability for the same.

Payment for services

Annual renewal invoices will be dispatched at least 30 days before the annual anniversary to allow good time for domain renewal (if relevant) and receipt of annual payment by the due date. Reminders will be sent to the customer during the renewal 30 day period and the customer must be aware that non payment by the due date will effect the removal of the website from the internet until such time that full payment is made provided SoWebUs agrees to a site being made live on the internet again. Domain name renewal (where needed) will not be effected unless payment is made on time and a domain name could be taken by another party immediately after it expires.

If due payments are not settled or SoWebUs have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will 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. 

SoWebUs reserves the right to vary these Terms and Conditions from time to time.