Details of our WEBimprove Terms and Conditions are included below.
Glossary of terms used
A 'Project' is any work undertaken or service provided by WEBimprove for the Client on their request and as described in our confirmation order email to that Client.
A 'Client' is a person, persons, business or organisation using any of the services provided by WEBimprove.
'Live Mode' means the date the website is available on the Client’s chosen domain.
'Domain' is the website address as agreed with the Client.
'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
'Hosting' is a recurring annual cost required to keep a clients website activated online.
'Content' is both text and images that the Client requires on the website.
'Mb' stands for Megabytes and in this context is a measure of storage space.
Terms and Conditions
The contract between WEBimprove and the Client will be subject to these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
The works to be carried out shall be as set out in the WEBimprove confirmation order email.
Email will be the formal method of contact with regard to all communication. Although WEBimprove can be contacted by telephone, we will use email as our formal method of communication and therefore it is the Client's responsibility to inform us of any change in email address within 5 working days so we always have up to date email contact details. WEBimprove cannot be held liable in any way relating to communication issues if we are not supplied with a valid email address. WEBimprove will acknowledge all emails within 3 working days.
WEBimprove will only commence work on a Project after receipt of the first monthly payment which is non-refundable. The website will be made ‘Live’ once the Client has provided confirmation of approval of the site in writing and will remain so as long as ongoing monthly payments are being made.
The first 12 consecutive payments made to WEBimprove cover the cost of design work carried out as well as any admin work and communication with WEBimprove. The monthly payment also includes Web hosting. All payments made are non-refundable.
WEBimprove expects 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. It the responsibility of the Client to ensure legal compliance.
It is important for the Client to keep in contact with WEBimprove throughout the entire Project. If a Client does not make contact for a period of 1 calendar 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 any payments made to date will not be refunded.
Where images used on the website have been purchased by WEBimprove on behalf of the Client, these images are strictly for use on that website only. WEBimprove 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.
WEBimprove will host the website as part of our package services. In doing so, WEBimprove will endeavour to provide a reliable and professional service to the Client at all times but make no guarantees that the website hosting will be available at all times, especially in the event of a technical failure beyond our control.
All hosting offered in WEBimprove’s packages is limited to TBA Mb of website space unless otherwise stated in a separate contract. If your site requires more than TBA Mb of space we will advise of alternative hosting solutions.
WEBimprove 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 WEBimprove.
In providing search engine optimisation for a Client, WEBimprove does not guarantee any specific placement or page ranking on search engines.
WEBimprove will provide the Client with an expected completion date for the Project (live on the internet). WEBimprove 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 WEBimprove is purely an estimate.
It is the Client’s responsibility to check with WEBimprove whether Open Source Software is being used or not.
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 WEBimprove or the Client.
WEBimprove retains ownership of all designs and code of the website for a period of 1 year after receipt of the first payment and 11 further consecutive payments, after which time the Client will then own the design and code of the website in its entirety, unless Open Source Software is used. Images may have been purchased by WEBimprove for the Client, unless the images have been supplied by the Client. Item 16 is subject to item 15.
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 WEBimprove, they will be the sole responsibility of the Client.
Domain names will be registered by WEBimprove and also registered to the WEBimprove current address. Although the domain names are registered to WEBimprove , the Client is the legal owner of the domain and if requested to have details changed or the domain transferred elsewhere, WEBimprove will do this after the initial 12 month period has elapsed as described in item 16.
If an applicable package is selected, a domain name will be registered by WEBimprove on behalf of the client only after receipt of the first monthly payment.
It is the responsibility of the Client to renew their domain names when due. If a domain name expires, WEBimprove cannot be held liable for this. However, WEBimprove will make reasonable effort to contact the Client regarding domain renewal(s).
In making continuous payments to WEBimprove, hosting and domain name renewals will be maintained. If however the Client does not make ongoing monthly payments, when the domain name is scheduled for renewal, their domain name could be made available to the general public for open purchase and WEBimprove can not be held liable for this.
Hosting of the website is included with all WEBimprove packages and due as part of the normal monthly payment. The date of payment will be monthly starting from the date the website was ordered by the Client. The Hosting will not be renewed if WEBimprove cannot contact the Client or the Client requests for WEBimprove to no longer host this site. Requests can be made via email, but will only be accepted after the initial 12 month period has elapsed and continuous payments have been made. This will also affect the domain as per item 21.
The Hosting renewal charge must be received within 10 days prior to the Hosting expiry date. WEBimprove reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. WEBimprove reserve the right to charge an admin fee for reactivating the website/Hosting.
If the Client chooses not to use WEBimprove Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client. No reduction in the package monthly cost would normally be made in such circumstances.
WEBimprove will provide hosting as included with all packages offered, providing the client pays their continuous monthly payment within 14 days of the due date. If any monthly payment is not received, or resumed within 14 days of due payment date, then WEBimprove reserve the right to charge £15 for each remaining month of the initial 12 month period.
Should a Client wish to move Hosting or transfer a Domain name away from WEBimprove, WEBimprove reserve the right to charge a £50 admin fee which must be paid before the transfer takes place.
WEBimprove 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 WEBimprove endorsement, or approval of the website or the material contained within the website. WEBimprove 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. WEBimprove 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.
WEBimprove 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.
If a Domain name is purchased by the Client through a company other than WEBimprove, the Client has full responsibility in making sure that the domain name is renewed when due. WEBimprove will not renew the Domain name when renewal is due if the Domain name is purchased through a company other than WEBimprove.
WEBimprove will take a TBA% service charge payment on any payments received using a credit or debit card. If this is not acceptable to the client, we also accept BACS and Cheque as an alternative payment method.
WEBimprove 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.
WEBimprove is a service provided by Scalar Enterprises who provide a range of web design and Internet marketing services for small businesses in the Southampton and Portsmouth areas. See our main Scalar Enterprises web site for more information.