Terms and Conditions
Our Service
Definitions
General
Website Design
Domain Names
Website Hosting
Search Engine Optimisation (SEO)
Rebuilds – None - hosted website work
Updates and alterations
Visits to client’s premises
Payment & Pricing
Cancellation and Refunds
Compatibility
Copyright & Trademarks
Illegal Material
Improper content
Spam Policy
Resource Usage
Bandwidth Usage
Backups and Data Loss
Indemnification
Disclaimer
Changes to the Terms & Conditions
Complaints Procedure
Jurisdiction
Our Service
Our philosophy is to provide a great service to our clients, and to be honest and professional. We will even come to your premises to see you. For a fee!
It is vital that all clients have read and agreed to the terms & conditions before any work undertaken by ManchesterWebDevelopment.com. We take a pride in our service standards. We deal with all enquiries promptly, and we aim to exceed our client’s expectations.
We constantly update our terms and conditions to ensure that they are relevant, and to ensure that we can provide the best possible service.
You confirm that you have read and understand our terms and conditions.
You agree to abide by the terms and conditions.
By placing an order with ManchesterWebDevelopment.com, you agree to be bound by our terms and conditions.
Definitions
The company or individual requesting the services of ManchesterWebDevelopment.com may be referred to as;
Client, you, your, customer
ManchesterWebDevelopment.com: maybe referred to as;
MWD, ManchesterWebDevelopment.com, website designer, ManchesterWebDevelopment, MWD.com we, us, our, I, me, developer.
ManchesterWebDevelopment.com Search Engine Optimisation Services may be referred to as;
SEO, search engine optimisation,
* asterix denote information or advice.
General
MWD will carry out work only where an agreement is provided either by email, telephone, mail or fax. MWD will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between MWD and the client, this includes but is not limited to telephone and email agreements.
We may choose to list (or de-list) your website in our portfolio, together with a summary of the website.
We may also place a hyperlink on our website to link to your website.
MWD will insert a link back and copy write text at the bottom of the clients website.
*If you prefer not to be shown in the portfolio showcase you may inform us by e-mail.
Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs created by MWD are are free of errors, in the event any errors are found will be corrected free of charge providing the client or its agents have not edited, updated or tampered with the website.
By accepting a quote either verbal or in writing or ordering a product from ManchesterWebDevelopment.com you are agreeing to the following terms and conditions.
All website work including SEO and Domain name registration must be paid for on order or when instructed.
Quotes by MWD are valid for 28 days.
During a website project it is important that Client communicates information to the Developer to achieve the required result.
If the Client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, Developer reserves the right to quote separately for these alterations.
If optimised pages are included as part of the project, MWD will optimise the Client's web pages which already make up part of the project, optimised pages is not creation of new pages. The optimisation of the web pages can include the Meta tags, keywords, description, title, alt tags and text provided by the Client.
If the Client does not provide keywords information needed by Developer, then Developer will include it to its best judgement.
MWD endeavours to create pages that can be crawled by search engine spiders. However, We cannot give a guarantee that the site will become listed with search engines. This is often achieved through various methods such as page layout, content and cross linking with other web sites.
If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that Developer can apply a nearest available alternative solution.
Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by Internet browser software. MWD agree to try and match the design as closely as is possible when building the code.
Manchester Web Development will initially place the client's web site on a demonstration server in order that the client may view and comment upon the project.
Quotations are based on the rates on MWD, for custom coding we will quote a price wherever possible - we reserve the right to increase rates in the future. We reserve the right to change our fees/ charge rates without prior consents or notice.
We reserve the right to alter our prices at any time without prior notice or consent.
Quotes will be valid for 28 days and subsequently during the life of the current commission, however additional work may be charged for using the new pricing structure.
All quotations by MWD are subject to amendment if you later request alterations, or require extra work.
The invoice for the initial Website Design work will be based on the quotation.
The website, graphics and any programming code remain the property of MWD until all outstanding accounts are paid in full.
It is the client’s responsibility to ensure all images submitted are of a suitable standard. MWD cannot guarantee the quality of images supplied by the client.
MWD cannot accept responsibility for any losses incurred due to failure, malfunction of customer supplied or third party scripts, code or content. We will not be liable to fix errors in customer supplied or third party code or script, further more if such code, content adversely affect the website or our hosting servers the code or content will be removed from the clients website. This may incur a charge depending on nature and severity of the malfunction.
MWD reserve the right to assign subcontractors in whole or as part of a project if needed.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by MWD remain the copyright of MWD and may not be reproduced or resold with the permission of MWD.
MWD cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyright nature unless adequate proof is given of permission to use such material.
Any additions to information provided will be carried out at the discretion of MWD and where no charge is made by MWD for such additions, MWD 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.
The client agrees to make available as soon as is reasonably possible to, MWD all materials required to complete the site to the agreed standard and within the set deadline.
*Normally small websites can be ready and live in less than 7 days, large custom projects may take longer depending on size and nature of the project.
Domain Names
It is the client’s responsibility to check the domain name they have chosen is correct and free from any and all errors. MWDwill not be responsible or liable for spelling errors, typos or any other mistakes in any domain name.
A payment is required with any project before any design work, SEO or Domain Name registrations. This figure is non-refundable, if domain names have been registered/ renewed or any web design/ re-design or SEO works have been started.
We reserve the right to refuse to register any domain name that we may judge as unfit this includes, but is not limited by, any name that contains or suggests or may be mistaken for, adult oriented or sexual orientated words, hate, religious, or any infringe copyright.
Domain name renewal processes will be started 1 month before expiry of domain names. Once a domain name has been registered, re-registered or renewed a refund cannot be made.
Payments made by clients are not refundable once a domain name has been registered or any works have been initiated.
The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.
The Client agrees to take all legal responsibility for use of third party domain name and hosting services and supplies truthful details to the third party services.
The Client agrees that information submitted for registration of Domain names is then available the general public via the Nominet Whois system.
Manchester Web Development holds no liability and the Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client's registration of a domain name.
The Client is liable to pay Developer for any domain name registrations and the initial set up of the hosting if included as part of the web site build. Unless otherwise agreed or part of a 'FREE' package deal.
Any other domain name and hosting services or costs not included by Developer, including, but not limited to, further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrade, extra disk space, bandwidth and any other related charges are to be paid by the Client.
Clients may cancel at any time. A refund is possible if your hosting account was paid for in advance and the start date has not been reached as yet.
If hosting was purchased as part of a package and the domain name has not been registered or the web design process has not been initiated you will be to get a refund.
The domain name registration can take up to 2 days before it shows as live on the Internet.
We will usually only register. co.uk or .com domain names
The domain name registration period for. co.uk and .com domains usually run for one year from the date of registration.
The current cost of renewal is currently £10 per year. We will usually send an invoice for domain name renewal approximately 4 weeks prior to the renewal date.
To ensure that domain renewal is a smooth & seamless process payment is made before expiry date. Failure to make renewal payment on time may mean that the domain name registration is not renewed.
All domains that we register are registered in our name until total payment has been received, then the domain name details are changed to show the Clients name, and are administered by MWD.
Until we receive confirmation of registration and payment we cannot guarantee that the domain name requested will be available for registration.
By requesting us to register a domain name our client is responsible for ensuring that its use, and the way in which it is used, does not infringe the legal rights of any third party.
It is our policy to provide managed websites for our clients, which means that we design, host, upload, and maintain the website for you - and also provide email facilities.
The only username and password we issue is for accessing the email account.
We will provide Internet access to the email via webmail, and will supply the information necessary for you to access the email on a computer.
Website Hosting
MWD will not be held responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, including hosting issues where your site is unavailable at any time or any communication or delivery problems associated with Client's receipt of the Account Service data MWD shall not be responsible for acts or causes beyond their control, including but not limited to: power failures, acts of God, earthquakes, lockouts, strikes, communications line or equipment failures, or other disasters.
MWD reserve the right to refuse to handle in any way, material that may be deemed offensive, illegal or in any way controversial, and also reserve the right to terminate any free or paid hosting service should the necessity arise.
We regret that due to the additional time required to monitor invoice payments, we will no longer be able to continue monthly invoicing.
In the event that you already have a domain name and/or hosting arrangement, we will tailor the hosting arrangements to suit your needs.
Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account, which we require to upload the web site if required as part of a project. We are not responsible for acquiring the FTP details, any delay or time wasted due to not being able to access the clients FTP account will result in a charge being made which will fall due forthwith.
We reserve the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.
Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client's publication of material and use of the domain name, hosting and email services.
Search Engine Optimisation
MWDcannot be held responsible for URLs dropped or excluded by a search engine for any reason. MWDdo not represent or warrant that clients URLs will achieve a favourable position, or any position at all, within a particular search engine as a result of using any of our services MWDcannot and DO NOT guarantee indexing or high ranking for any website on any Search Engine or Directory. MWD can we guarantee that any of our services will increase your website's traffic or page rank or overall performance on any search engine. MWDcannot be held liable or be held responsible for negative fluctuations in any clients search engine positions. Clients should be aware that search engine positions and ranking can go down as well as up.
We will submit new websites to a number of search engines & directories. However it can take many weeks for your website to appear in the search results - this is normal.
We cannot guarantee top level rankings for your website, although we will use our knowledge and experience to gain the best results possible.
MWDis not responsible for any adverse affects on search engine ranking or for additional costs incurred if the client has engaged in overwriting SEO work already carried out on the site.
MWDcannot be held responsible when on-page SEO work has been overwritten by other parties which may have affected the search engine rankings of the client’s website.
Any remedial work required to correct overwritten or adversely affected on-page SEO will be charged to and will be payable by the client.
MWDdo not accept SEO orders for sites whose content is deemed unsuitable. Unsuitable content may include illegal, adult or offensive content, new age, occult, hate sites, pornography or content where political or propagandist views are expressed. Neither do we provide SEO for gambling sites, pharmacy sites or 'Made for Adsense' or similar sites.
MWD endeavours to create pages that can be crawled by search engine spiders. However, We cannot give a guarantee that the site will become listed with search engines. This is often achieved through various methods such as page layout, content and cross linking with other web sites.
MWD reserve the right to assign subcontractors in whole or as part of a project if needed.
MWDwill decide what is suitable for SEO promotion we have the final say on what we deem as acceptable.
Rebuilds – None - hosted website work
Where MWD undertake work for any client who has their website hosted elsewhere then our payment terms are as follows:
An estimate will be provided in advance of any work being undertaken.
Once the estimate has been agreed in principal
An invoice will be produced prior to work commencing. Payment of this invoice will be required (via online payment) before work commences.
The client will be kept informed of progress, and any variations to the original estimate. An adjustment invoice will be produced, and payment will be required (via online payment) prior to uploading of any completed work.
Updates and Alterations
After we design and build a website, we will make minor alterations, small tweaks or fixes and any corrections free of charge within 48 hours. This does not include insertion of new images or text and this does not include any editing or changes to existing page formats or layouts.
In rare occasions we may make alterations to your website without informing you - these would only be minor background changes which would not affect the material content of the website.
Our content update service refers to any content, photographs or text, which replaces any current content. It does not extend to producing new sections or pages.
We cannot be liable for any changes which you or your agents make to the website (which could result in accidental corruption of the source files).
If you wish to make alterations to the website without using MWD, then it will be necessary for you to set up independent hosting arrangements and upload the source files to your new hosting environment.
Our only stipulation is that the initial 12 month renewal hosting contract must be paid in full.
Source files are released to you on CD. A fee of £10 will be payable prior to release source files on storage media.
There will be no extra charge for any source files that are sent by email. We can email your website to you providing you own the content and all amounts have been settled.
Visits to client’s premises
A representative can visit any premises in the UK for a no obligation consultation. The representative may or may not be a coder, web designer or technician but will have knowledge of our procedures and knowledge of web design and development.
All visits will be charged at our standard rate of £30.00 per hour plus travel costs.
Travel time will be charged at the rate of £20.00 per hour any tolls or parking, train, taxi fares will be added to the cost of travel.
Estimated travel costs, travel time and consultation time must be paid for in advance by PayPal.
We must receive payment before a representative is dispatched to visit a client.
Any additional time will be added to the initial quoted price, the client agrees to pay for any extra time incurred in consultation, travel, or delays whilst waiting for the consultation.
Time spent on any other job, for example computer set-up of a pc, repairs, installing software, finding viruses or other malware locating faults or errors may be charged at our hourly rate of £60 Per Hour.
Payment & Pricing
Payment is required from all new clients before any work is carried out.
All payments must reach us in ( £ ) pounds sterling (UK currency).
All clients will be billed for hosting and domain renewal annually one month before expiry. The initial invoices will be raised to the end of the 11th month for the next annual hosting year.
Payments must be received before commencements of any works unless otherwise agreed.
Any payment returned by the bank will incur a £30 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
Late payments will incur a surcharge of £20.00 or 25% of the total amount owed.
Prices are subject to change without notice. But we will make every effort to publish all prices in advance.
Once an invoice is sent to the Client it must be paid by online via PayPal secure online payment.
Payment for domain and hosting renewal are to be made immediately.
Failure to comply with the payment terms may result in the Clients domain name becoming available to another party and/or the web site and email services becoming unavailable.
Additional work requested by the Client which is not specified in the agreed quotation is subject to additional charges.
Developer reserves the right to decline further work on a project if there are invoices outstanding with the Client.
All invoices are submitted by email except where required otherwise by regulations.
Developer reserves the right to remove its work for Client from the Internet if payments are not received.
Payments made by clients are not refundable once a domain name has been registered or any works have been initiated.
All quotations by MWD are subject to amendment if you later request alterations, or require extra work.
The invoice for the initial Website Design work will be based on the quotation.
Once works are completed all clients are required to pay the balance of payment in full. We will contact clients via email and/or telephone to remind them of such payments if they are not received when due.
Add-on products, services or extra page prices will vary depending on which package was originally purchased.
It is our policy that any outstanding accounts for works carried out by MWD or its associates are settled in full before anything goes live or is hosted, before activating changes made or handing over software, scripts or goods to the client.
The website will be available for public viewing on the Internet on receipt of payment of the final invoice.
Source files are released to you on CD. A fee of £10 will be payable prior to release source files on this storage medium.
If accounts are not settled within a specified timeframe or MWD have not been contacted or given a acceptable reason regarding the delay in payment, 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 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.
The amount you pay for website hosting will not change throughout the year. We reserve the right to change prices listed on our site, and the right to increase/ decrease/ add or remove the amount of resources given to hosting plans at any time.
Cancellation and Refunds
Clients may cancel at any time. All expenses incurred in the payment process by MWD will be deducted including any charges made by PayPal or Credit Card processing Companies.
In the event that a client cancels, after work has commenced on the website design, the full cost of the quotation is payable plus the cost of the hosting package and the fee for domain registration.
The balance will be refunded after 60 days to prevent fraudulent claw back claims.
A refund is possible if your hosting account was paid for in advance and the start date has not been reached as yet.
If hosting was purchased as part of a package and the domain name has not been registered or the web design process has not been initiated you will be able to get a refund.
*The domain name registration can take up to 2 days before it shows as live on the Internet.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. We reserve the right to cancel the account at any time.
Domain name renewal processes will be started 1 month before expiry of domain names. Once a domain name has been registered, re-registered or renewed a refund cannot be made.
Payments made by clients are not refundable once a domain name has been registered or any works have been initiated.
No partial refunds will be given for hosting services cancelled during the current agreements time period.
Compatibility
MWD will endeavour to ensure that any designed/re-designed site or application will function correctly on our web servers and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 7 and to an acceptable level with Mozilla Firefox 3.
MWD can offer no guarantees of correct function with all Internet browser software but will make reasonable attempts to remedy any issues that may arise involving the most popular web browsers.
Copyright & Trademarks
To avoid any confusion, you the client are the publisher of the website and own the copyright for all content published in your website, and we the designer are acting on your instructions in adding content to your website.
By asking us to add material into your website you acknowledge that you have copyright of that material, or permission to use the material. All images used on websites designed by MWD are obtained from licensed sources, or are sourced as being free from copyright restrictions (unless the images are provided by our client).
It is the clients responsibility to fully research their company name, and any content, logos, or trademarks, etc. used in the website.
The client also agrees as part of our terms and conditions to absolve & indemnify MWD of any liability in the use of any such content in the clients website, and to assume full responsibility for any violations and legal actions which may arise at any time in the future.
Illegal Material
We reserve the right to refuse to construct a web site that we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography or escort sites, or websites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
All services provided by us may only be used for lawful purposes.
It is the client’s responsibility to ensure that any web site content is lawful, and does not infringe any copyright or any other laws.
In the event that we are informed of infringement of copyright, or any other legislation, we will immediately take steps to remove such material from either your website, or from a website which has been produced, re-produced, hosted or optimised by MWD.
MWD will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
MWD 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. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
MWD will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
A payment is required with any project before any design work, SEO or Domain Names registrations. This figure is non-refundable if domain names have been registered/ renewed or any web design/ re-design or SEO works have been started.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
Improper content
We will not knowingly permit the use of any illegal or inappropriate material in a website designed or hosted by us, and will only create websites in the English language.
Spam Policy
MWD take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and Spam. Any user who sends out Spam will have their account terminated without notice.
MWD reserve the right to require changes or disable as necessary any web site, account, database, or other components that do not comply with our policies, at our sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.
MWD reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. The cost for the clean up is dependant on the volume of Spam.
*Sending unsolicited mail is against the LAW and we have a zero tolerance Spam policy. All rights reserved.
Resource Usage
Users may not:
In anyway overwhelm system resources.
*Numerous activities could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run any type of interactive real-time chat applications that require server resources.
Run stand-alone, unattended server-side processes at any point in time on the server.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any gaming servers.
Bandwidth Usage
MWD offer limited and unlimited use policy by using hosting facilities from a nation-wide provider. In rare cases, if a client site uses server resources to such an extent that may jeopardise server performance and resources for other clients or users, we reserve the right to suspend or terminate the hosting facility (this is an extremely rare occurrence).
MWD Clients are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Backups and Data Loss
Client’s use of the service is at your sole risk. MWD are not responsible for files and data residing on your account.
You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on any servers.
* Data backup is an excellent way to protect against viruses, deteriorating hard drives, disasters and human errors. You need a backup strategy. MWD are not responsible for any damages, losses, costs due to data loss. A single backup is a good start, but three copies of the most up to date backups are recommended. You can use any type of storage media; cd, dvd, pen drive, memory cards etc.
Indemnification
The Client agrees to defend, indemnify, save and hold MWD harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, its/our agents, its/our clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employees or assigns.
The client agrees to defend, indemnify, save and hold MWD harmless from any liabilities including but not limited to;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with us;
(2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products or services given/ sold to anyone from MWD servers.
Disclaimer
MWD will not be responsible for any damages your business may suffer. MWD make no warranties of any kind, expressed or implied for services we provide.
MWD disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us, our employees or our associates.
The Client agrees Developer is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
Changes to the Terms & Conditions
MWD reserves the right to revise these policies, terms of use, prices, special offers at any time and without notice.
Complaints Procedure
As a small business we strive to develop a rapport with our clients, and it is unlikely that a situation will develop where you feel it necessary to complain In the unlikely event that you should have cause for complaint please contact us by phone, or send an email us at once.
Our policy is to ensure that all complaints are dealt with quickly and we aim to ensure that our clients feel that they have received good service at all times.
Please provided us with the URL and clearly outlining the grounds for complaint.
MWD will acknowledge receipt of the complaint and ensure that the matter is looked into. An initial response to any complaint can be expected within 48 hours of its receipt; a full and considered response to the complaint should be completed within 7 days and any subsequent remedy implemented with the minimum of delay.
MWD will approach the problem or individual responsible for the material in question with a view to resolving the matter with a satisfactory conclusion.
Jurisdiction
Unless otherwise specified, the content on this site has been prepared in accordance with UK law for the supply of products and services. The content of this website and any contracts formed with MWD arising out of this site are governed by UK law and UK Courts have jurisdiction.
ManchesterWebDevelopment (MWD)
