Terms of Business
1. General Terms and Conditions.
1.1.1 Contract: The Client’s approval (verbally, by email or by other electronic means) for work to commence, shall be deemed a contractual agreement between the Client and WebSmiths.
1.1.2 Important: Consent for the work to begin and payment of the deposit fee signifies that the Client agrees with these Terms of Business. It is up to the Client to thoroughly read and comprehend these Terms of Business.
1.2 Material: All material provided to us by the Client will remain the property of the Client. It will be understood that this material belongs to the Client. The Client declares that any material supplied to WebSmiths for use in any website does not breach any copyright laws. The prices quoted by WebSmiths are based on the understanding that the Client will supply ALL content for the website including logos, images, videos and text. If the Client wishes WebSmiths to incorporate stock images on the website, then we will do so but provision of stock images could incur further costs.
1.3 Registration Charges: All third-party costs occurring from the registration of a domain name will be paid by the Client. If WebSmiths has registered any domain name on behalf of the Client, Websmiths commit to hand over the domain name to the Client upon request.
1.4 Intellectual Copyright: WebSmiths will retain the copyright of the source code, created for the Client by WebSmiths, until payment of the final invoice. At this time, the website and all source code will become the property of the Client. For the avoidance of doubt, once the initial fees have been paid, and the website has gone live, it will be the property of the Client and not WebSmiths; this applies whether or not WebSmiths has been retained on a maintenance contract. Clients are free to move their complete, live, working website away from WebSmiths at any time subject to 30 days’ notice and a £20 administration fee.
1.5 Search Engine Promotion: WebSmiths are usually not responsible for the Client’s on-going web site promotion. If the Client requires the website to be advertised on a continuing basis a separate contract needs to be agreed. The Client will be required to make frequent changes to text and pictures to assist with the search engine placement. WebSmiths can make no promise about the success of search engine submissions action since this is dictated by the search engine algorithms.
1.6 Cancellation: if the Client should wish to cancel at any time during the process, they will be liable for the work that has already been completed and will be billed appropriately.
1.7 Travel Time and Expenses: Travelling time to and from customer locations is not normally incorporated into our estimate. WebSmiths reserve the right to charge for travelling time at our regular hourly rate plus costs (e.g. train tickets, parking etc.).
1.8 Quotations: The price quoted to the Client is for the work arranged on the quote only. If the Client decides that changes are needed, as the site is built, then we will make these changes subject to the agreement of corresponding changes to both timescale and cost.
1.9 Advance Payment: An advance payment of 25% of the total cost is required prior to work commencing. After work begins this is not refundable.
1.10 Payment terms: Payment is currently accepted by card (via our website), by cheque (in UK Pounds Sterling only), by bank transfer (in any major currency), by Bitcoin, or by Ethereum.
1.11 Payment: By making payment, you agree to WebSmith’s Terms of Business. Sums for services stated on invoices are not negotiable or refundable once payment has been received. Payment of your balance will fall due within 30 days of the final invoice date. Full publication of the website may happen only after full payment is received. Any pages previously published may be taken down if payment is not received. If this occurs, a minimum charge of £50 will be needed to have the site reinstated.
1.12 Future Support/Maintenance: The website is supplied to and received by the Client as a fully operational, complete work. WebSmiths is not accountable for any future support as a matter of course, but ongoing support can generally be provided on request and for a mutually decided fee. There can be no assurance of future support without an ongoing maintenance/support package being agreed. Website maintenance plans are intended for minor alterations, monthly newsletters all the way through to a comprehensive re-design of your website. Maintenance plans are not intended for use in new website design. Maintenance plans can only be used on a single Client’s website and are not transferable.
1.13 Future Problems: Regrettably, malicious software, spyware, viruses and website hacking are part and parcel of the modern Internet. It is not likely that these will affect your website, and WebSmiths will strive to protect it from these as much as is possible during the construction phase, but we cannot be held liable for any issues that may occur in the future.
1.14 Branding: All websites designed by Websmiths will generally have a link to www.websmiths.net on every webpage. This is added automatically by us when we create the website but may be removed at the Client’s request.
1.15 Turnaround Times: While WebSmiths will make every effort to complete all work undertaken according to whatever timeframe we have indicated, we accept no liability for any delays that may arise.
2. Website Hosting and E-mail
2.1. We make no representation and give no warranty as to the reliability, efficiency or speed of hosting. All websites designed by WebSmiths are hosted on third-party servers (e.g. Wix and Shopify) and it is the responsibility of such third parties to provide the services which they have contracted to provide. WebSmiths relies on the backups provided by these third-party providers and cannot be held liable or accountable if your website is lost through the actions, inactions, errors or omissions of such third-party providers. Similarly, WebSmiths accepts no liability if any such third-party provider ceases to trade resulting the loss of the Client’s website.
2.2. You agree that you will maintain backups of your own data and sufficient insurance cover in regard to any loss or damage to data collected and stored by your website host.
2.3 You declare to us that you will use the Website supplied to you solely for lawful purposes. In particular, you declare to us that:
2.3.1 you will not use your website in any fashion which violates any law or regulation or which breaches the rights of a third party, nor will you consent to or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise unacceptable in any way.
(b) any material including a virus or other malicious computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.3.3 any bulk e-mail sent from your website server must specifically only be sent to recipients who have subscribed in accordance with relevant data protection laws (e.g. GDPR if your business in Europe). All mailings must also include opt-out instructions. You agree that you will not promote a site hosted via WebSmiths using unsolicited email or newsgroup postings.
2.4 We have the right to delete any material which we deem unacceptable from your website without warning. We will not allow Warez, illegal MP3's or adult content not permitted under UK law.
2.5 You will keep safe any identification, password and other private information involving your account and will inform us directly of any known or assumed unlawful use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security data.
2.6 You will ensure that all mail is sent in agreement with appropriate legislation (including data protection legislation) and in a secure way.
2.7 In the case of an individual User, you affirm that you are at least 18 years of age and if the User is a company, you warrant that our services will not be used by anyone under the age of 18 years.
2.8 Any access to other networks linked to Websmiths must conform with the rules applicable to those other networks.
2.9 As concerns your email, while we take every reasonable precaution to safeguard the integrity and security of any Servers we endorse, we do not promise that such Servers will be free from unlawful users or hackers and we will be under no obligation for non-receipt or misrouting of email or for any further failure of email.
2.10 If you do not renew your website hosting and domain at the agreed renewal date, the hosting will expire, and your site will no longer be live on the internet. Once hosting has ended, it will be possible to restore your website for a period of 30 days subject to Websmiths terms. After 60 days of none payment your site may be deleted permanently.
3. Service Availability
3.1 We will use our prudent efforts to ensure that each hosting partner we use will show your website live and operational at all times, but we shall not, in any event, be responsible for disruptions to service.
3.2 The services supplied to you and your account with us cannot be reassigned or used by anyone apart from you without our prior agreement. No more than one log-in session under any one account may be used at any time by you without our prior agreement. If you have multiple accounts, you may be limited to one login session per system account at any time. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the services and/or this agreement immediately.
3.3 WebSmiths charges an annual servicing fee of £20 for the renewal of the hosting package and/or domain.
4.1 All charges to be paid by you, for our services shall be in accord with the level of charges and rates announced from time to time by us on our own website and will be due and owed in advance of our service delivery. We have the right to adjust pricing at any time though all pricing is secured for the period of pre-payment.
4.2 Payment is due each year, or each month – depending on how you have decided to pay.
4.3 Without prejudice to our other rights and remedies under this Agreement, if any amount owed is not paid on or before the scheduled date, we will be entitled to immediately suspend the provision of services to you. All accounts may be erased 60 days after expiration of services.
5.1 If you do not pay any amounts owing to us as they become due, we may suspend the services and/or terminate this agreement immediately with no warning to you.
5.2 If you break any of these terms of business, we may suspend the services and/or terminate this agreement immediately with no warning to you.
5.3 No refunds will be made for services suspended in accordance with 5.1 and 5.2.
5.4 If you want to transfer the ongoing servicing of your website away from WebSmiths you may do so upon request by giving us 30 days’ notice. In such an event, you will need to either create for yourself an account with the relevant host (e.g. Wix, Duda, Etc.) or advise us of the account details of your new web designer. Upon receiving these details, we shall transfer your live, intact website (including all images, text and videos) to you or your chosen designer. There is small administration fee of £50 for doing this.
6.1 WebSmiths will not be responsible for any damages or losses your business may suffer. Websmiths makes no warranties of any kind, expressed or implied for services we provide. Websmiths reserves the right to revise its terms & policies without notice at any time.