Terms and Conditions
1. Authorisation. The client is engaging Expersol Ltd (t/a The National Website Company), of Ashby House, 3 Derbyshire Road South, Sale, M33 3JN, as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on Expersol's web space on a web hosting service's computer. The client hereby authorises Expersol Ltd to access this account, and authorises the client's previous web hosting service to provide Expersol with "write permission" for the client's webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorises Expersol to publicise their completed website to Web search engines, as well as other Web directories and indexes.
2. Standard Website Package Elements. (For Standard Website Packages Only.) Expersol Ltd includes the following elements in its Standard Website Packages:
- E-mail/phone consultation (up to 1 hour total general Internet orientation education, marketing strategy, Web design consultation, etc.)
- Three web pages (including contact page), with each page containing up to 250 words and 5 images. Additional words or images may incur extra charges.
- Links to external pages, up to an average of 5 per page.
- Installation and hosting of web pages on the Expersol's web hosting service.
- Minor corrections and changes to existing web pages for 30 days, subject to the limits outlined below. Additional changes billed at hourly rate.
- Site publicity to at least a dozen major free Web search engines.
- A POP3 email account with webmail access.
- 20 MB of web space.
3. Warranty Period. This agreement includes minor webpage maintenance to regular web pages over a 30 day warranty period, including updating links and making minor changes and/or corrections to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. The warranty period commences upon the date the client signs this contract. Changes requested by the client beyond those limits may incur extra charges at our standard rate of £50 + VAT per hour. This rate shall also apply to additional work authorised beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying art, photo, graphics services, etc.
4. Estimates for Additional Work. Where additional work will incur extra costs, Expersol Ltd shall advise the client before such costs are incurred. Expersol Ltd shall provide either a written estimate or quotation and explain the extra costs in full.
5. Completion Date. Expersol Ltd and the client shall work together to complete the website in a timely manner. Expersol Ltd agrees to work expeditiously to complete the website no later than one month following the order being received provided that the client has furnished Expersol Ltd with the necessary information to complete the work specified.
6. Payment of Fees. A deposit of 50% of the initial fees shall be paid upon order. The balance shall be paid 30 days after the date of order or when the work has been completed, whichever is the sooner. Payments are accepted by credit card, cheque or direct debit. In the event that a client fails to pay fees in a timely manner, Expersol Ltd reserves the right to suspend the client's website hosting until all outstanding bills have been paid.
7. Domain Names. Expersol Ltd endeavours to acquire domain names on behalf of its clients in good time. In the event that the client's chosen domain name is not available, the client will be offered alternatives before any purchase is made. Note that domain names are rented for two years at a time. Expersol Ltd acquires the domain name on behalf of its client. If a client wishes to take control of their domain name, Expersol Ltd shall release the domain name provided that the client has paid all outstanding fees.
8. Legal Disclaimer. Expersol Ltd does not warrant that the functions contained in the web pages or that the operation of the web pages will be uninterrupted or error-free. In no event will Expersol Ltd be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the web pages or website, even if Expersol Ltd has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
9. Copyrights and Trademarks. The client represents to Expersol Ltd and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Expersol Ltd for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Expersol Ltd and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
10. Copyright of Web pages. Copyright to the finished assembled work of web pages produced by Expersol Ltd is owned by Expersol Ltd. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Expersol Ltd and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
11. Bandwidth and Fair Use Policy. Expersol Ltd operates a fair use policy in terms of bandwidth and email usage. The client's usage will be monitored and if Expersol Ltd decides that the client's usage is excessive and/or cannot be considered 'fair use', Expersol Ltd reserves the right to suspend the client's account and/or request additional hosting fees to cover the surplus usage.
12. Illegal or Immoral Activities. Expersol Ltd reserves the right to suspend or terminate a client's account if Expersol Ltd discovers any illegal or immoral activities being executed through the client's account, including but not limited to, using the email facilities to send spam or unsolicited email, etc.
13. Sole Agreement. The agreement contained in this "Website Contract" constitutes the sole agreement between Expersol Ltd and the client regarding this website. Any additional work not specified in this contract must be authorised by a written change order.
14. Initial Payment and Refund Policy. Should the client halt work and apply by registered letter for a refund within 30 days, to the Managing Director of Expersol Ltd, completed work shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.
15. Contract Period and Termination. This is a rolling twelve month contract, starting from date or order. Each twelve month period will renew automatically. After the initial twelve month period, the client can terminate the contract with 3 month's written notice to Expersol Ltd, at the address given in point 1.