Terms and Conditions Revised 01/12/2010
Getting Local Business Online Terms and Conditions of Business
Definition of our terminology as used within this document:
1. A 'Project' is any work
undertaken or service provided by Getting Local Business Online for the
Client on their request and as described in our confirmation order
email to that Client.
2. A 'Client' is a person, persons,
business or organisation using any of the services provided by Getting
Local Business Online.
3. 'Live Mode' means the date the website is available on the Client’s chosen domain.
4. 'Domain' is the website address as specified by the Client.
5. 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
6. 'Hosting' is a monthly cost to keep a clients website activated online.
7. 'Content' is both text and images that the Client requires on the website.
8. 'mb' stands for megabytes and is a measure of storage space.
Getting Local Business Online Terms & Conditions
Certain
Terms and Conditions may vary from those stated below, but if they do
it will only be on the understanding they are more beneficial to the
client.
1. The contract between Getting Local Business Online
and the Client will be on these conditions, to the exclusion of all
other terms and conditions. Any variations to these conditions shall
have no effect unless agreed in writing.
2. The works to be carried out shall be as set out in the Getting Local Business Online confirmation order email.
3. Email will be the primary method of contact with regard to all communication. Although Getting Local Business Online
can be contacted by telephone, we will use email as our primary method
of communication and therefore it is the Client's responsibility to
inform us of any change in email address so we always have up to date
email contact details. Getting Local Business Online can not be held liable in any way relating to communication issues if we are not supplied a valid email address. Getting Local Business Online will acknowledge all emails within 3 working days.
4. Getting Local Business Online
will only commence work on a Project after receipt of a non refundable,
50% deposit of the quoted Project fee from the Client. The final 50%
payment is to be made on completion of the website. The website will be
switched to Live Mode once the Clients remaining balance is paid in
full.
5. The deposit paid to Getting Local Business Online covers the cost of design work carried out as well as any admin work and communication with Getting Local Business Online. The deposit is non refundable.
6. Getting Local Business Online
shall expect the Client to carry out sufficient research before
proceeding with a website. This will include checking that the
website/idea/business will operate legally. It is important that the
website is not in any way illegal.
7. It is important for the Client to keep in contact with Getting Local Business Online
throughout the entire Project. If a Client does not make contact for 1
week we will make up to 5 attempts to contact the client by email using
the email address specified when the client went ahead. If we do not
receive a response to these attempts of contact the Project may be
terminated, and the deposit will not be refunded.
8. Where images used on the website have been purchased by Getting Local Business Online on behalf of the Client, these images are strictly for use on the website only. Getting Local Business Online are
not liable for misuse of these images by the Client or any other
person’s copying, altering or distributing the images to individuals or
other organisations.
9. Getting Local Business Online will host the website as an inclusive part of your management fee. In doing so, Getting Local Business Online
will endeavour to provide a reliable and professional service to the
Client at all times but do not guarantee that the website Hosting will
be available at all times, especially in the event of a technical
failure beyond our control.
10. All hosting offered by Getting Local Business Online
is limited to 200mb of website space unless otherwise stated in a
separate contract. If your site requires more than 200mb of space we
will advise of other hosting solutions and then cease hosting the site.
11. Getting Local Business Online
cannot be held responsible for anything adversely affecting the
Client's business operation, sales, or profitability that might be
claimed is a result of a service offered by Getting Local Business Online.
12. Where asked to provide search engine optimisation for a Client, Getting Local Business Online do not guarantee any specific placement or high ranking on search engines.
13. Getting Local Business Online will provide the Client with an expected completion date for the Project (live on the internet) if requested. Getting Local Business Online
will endeavour to meet any given deadline, but do not guarantee and are
not bound in any way to complete the Project by this date. The expected
completion date provided by any employee of Getting Local Business
Online is purely an estimate.
14. It is the Client’s responsibility to check with Getting Local Business Online whether Open Source Software is being used or not.
15. The Client shall not be charged
for Open Source Software. If there is a charge for a website using Open
Source Software, the Client is paying for the installation time. Open
Source Software is not owned by Getting Local Business Online or the Client.
16. Getting Local Business Online
own all design and code of the website until final payment has been
received in full. Once final payment is received, the Client will then
own the design and code of the website, unless Open Source Software is
used. Images will have been purchased by Getting Local Business Online for the Client, unless the images have been supplied by the Client. Images purchased by Getting Local Business Online
are licensed only for use on the client website and are limited to no
more than 20 images dependent on the size of the project. Item 16 is
subject to item 15.
17. All images displayed on the
Client's website will only be used after authorisation by the Client,
and are the sole responsibility of the Client regarding usage and
copyright. Should any legal issues or claims arise from the content or
copyright of any images supplied by the Client or Getting Local Business Online, they will be the sole responsibility of the Client.
18. Domain names will be registered by Getting Local Business Online and also registered to the Getting Local Business Online current address. Although the domain names are registered to Getting Local Business Online, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Getting Local Business Online will do this within a reasonable timeframe.
19. Should a Client wish to move Hosting away from Getting Local Business Online or transfer a Domain name away from Getting Local Business Online,
this will be completed free of charge within the first two years. After
this period a £50 admin charge will be applied, which must be paid
before the transfer takes place.
20. If a Domain name is purchased by the Client through a company other than Getting Local Business Online, the Client has full responsibility in making sure that the domain name is renewed when due. Getting Local Business Online will not renew the Domain name when the annual renewal is due if the Domain name is purchased through a company other than Getting Local Business Online.
21) A Client understands there is a
Management Fee of £20 per calendar for the first 3 months, and £40 per
calendar month thereafter, which will commence immediately after your
website has been switched to Live Mode. This is payable in advance and
the Client agrees this to be paid by standing order or direct debit on
the same day each month.
22) Should a Management Fee remain unpaid, Getting Local Business Online
reserve the right, after reasonable request for payment, to withdraw
the clients hosting and therefore suspend their website from the
internet - until full payment of outstanding monies is made.
23) A Client will not be able to transfer a Domain name away from Getting Local Business Online (as per item 19) until any outstanding monies are paid in full.
24) Getting Local Business Online reserves the right to change the Management Fee at any time, but at no less than 12 weeks notice to existing Clients.
25) Should a business relationship between Getting Local Business Online and a Client break down and become irretrievably unworkable, Getting Local Business Online
reserve the right to terminate the relationship with a minimum of 30
days notice. Within 6 months of completion - £50 will be repaid, within
1 year - £25, and after 1 year no refund will be made. If this happens
before the website is switched to Live Mode, a 100% refund of all
monies paid to Getting Local Business Online will be refunded but the termination will be immediate and the min. 30 days notice will not apply.
26) A Client is also able to
terminate the business relationship at any time, but in this case the
same refund policy does not apply.
27) Getting Local Business Online
accepts no responsibility for the Client’s application of any of our
information passed on in our newsletters and emails. It is only
intended as information and ideas – not advice – that may be of use to
further promote and support your business. We recommend you seek
independent professional advice before implementing any strategy which
may have a negative affect on you or your business if not applied
correctly.
28. Getting Local Business Online
has no control of, or responsibility for, the content of Clients’
websites. In no way does the textual or image based Content of our
Client's web sites constitute Getting Local Business Online endorsement, or approval of the website or the material contained within the website. Getting Local Business Online
has not verified any of the materials, images or information contained
within our Client's web sites and is not responsible for the content or
performance of these sites or for the Client's transactions with them. Getting Local Business Online
provides links or references to our Client's websites solely for the
convenience of prospective customers and intends that the links it
provides be current and accurate, but does not guarantee or warrant
that such links will point to the intended Client site at all times.
29. Getting Local Business Online
are not liable for loss, damage or corruption to files or information
stored on its servers or individual PCs relating to a Client's website.
The Client is solely responsible for any information or files relating
to its website.
30. Getting Local Business Online
makes no claims that the contents of this website may be lawfully
viewed or downloaded outside England and Wales. Access to this website
may not be legal by certain persons or in certain countries. If this
website is accessed from outside of the United Kingdom, it is done at
own risk and the visitor is responsible for compliance with the
relevant laws of the visitor’s jurisdiction. The terms and conditions
of this website are governed by the laws of England and Wales.
Jurisdiction for any claims arising in respect of this website’s
Content shall lie exclusively with the courts of England. If any
provision of these terms and conditions is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these
terms and conditions, which shall remain in full force and effect.