Terms and Conditions

Terms and Conditions:

North Kent Web Design

North Kent Web Design is a Trading name of Karen Aldous B.S.c (Individual)

  1. We require a 50% deposit upon acceptance of our quote to commence all projects. All remaining balance should be paid upon completion. Only after payment is made will the project be released, made live or administration access granted.
  2. Project Description. The project or task to completed by us is as described in the agreed quotation/specification or invoice. We reserve the right to charge additional fees to implement any changes in addition to; or requirements that are not deemed to be within the original agreement. We also reserve the right to revise any quote during the process or cancel the project at any time.
  3. Hosting. Only one website may be hosted on your account. You may not resell this or re-allocate all or part of your or this space to another party. The terms and conditions of our hosting are subject to hosting supplier terms available from us. Maximum database usage of 500MB is permitted and we reserve the right to terminate your hosting if this or any other limit is being exceeded.
  4. Material. You will deliver to us all material that you want to be incorporated into the site in electronic format within 2 weeks hereof ; you warrant to us that you own all copyright and other intellectual property in it or that you have appropriate licenses for it to be incorporated in the website and you agree to indemnify, defend, save and hold us harmless from any and all demands, liabilities, costs, claims including reasonable legal fees asserted against us , our agents, customers, officers or employees that may arise or result from any breach of such warranty. It is herby confirmed that any material or content required to be supplied by us will be at the appropriate licensing fee which will be advised.
  5. Content. The account holder and the registrant of any website, are responsible for the content, accuracy, legality (according to any legal jurisdiction where the site may be viewed) and morality (according to the customs of any person by whom the site might be viewed) of your website. We reserve the right to remove any content that we consider to be illegal, immoral, offensive or contrary to copyright laws or where we have received a complaint from an official organisation. We reserve the right to close any website, without any damage claim from the account holder, registrant or affiliates where we are required to close the site down for one of the above reasons or at the request of any authorised organisation.
  6. Development and pre-produced content. In most website projects we will use a pre-produced or open source script or software platform to produce your site. All uses are correctly licensed (where required) and are for the benefit of the client in: cost saving, development progress, better performance and functionality. We reserve the right to use any pre-produced software in the production of your project and offer no suggestion that any website produced is entirely from scratch.
  7. Browser Compatibility. Websites will be produced for use on common browsers and may appear differently across different browser platforms and providers. No guarantee is offered or implied that the site will look identical or aesthetically pleasing in all browsers or any future browser versions of the browser.
  8. Warranty. We make all reasonable steps to ensure that your website is suitable for use and as described and agreed. We offer a 1 month period commencing from when final payment is made or due (whichever is sooner) where corrective alterations may be made, unless otherwise agreed. Complaints relating to our method of work is subjective and we will not offer any warranty or complaint relating to the method in which it is produced. Errors or problems may be considered for correction if within reasonable time and the cause was from our original error or problem but not errors occurring after the website was originally completed. Any warranty of this type will be invalid where a thrid party has made any adjustment or modification to the original production.
  9. Intellectual Property Rights. Material provided by us, which may or may not be paid for may not be reproduced in any other way and is offered under a non-exclusive licence where identical material may be used for any other project.
  10. Availability and excess use policy. We host sites on cloud servers. We are unable to guarantee service level agreements and whilst our hosting partner will make every attempt to avoid it occasional down-time may occur on either the website or email. We accept no claim for damage or compensation from any issue relating to hosting, your website or your email. If your website traffic should build to a level where we feel that it is affecting the server’s performance or affecting other websites then we reserve the right to withdraw the site.
  11. Back up of data. A Backup of the website is made and kept for a limited period. The backup is of the site as it appeared from the day it is accepted and made live. It is the responsibility of the account holder or website user to backup the site and its content.
  12. Domain names
    1. We reserve the right to consider all requests for domain names and accept or reject them in accordance with our view of the guidelines set by the relevant domain registration body
    2. Upon acceptance and receipt of full payment, we will submit names for registration and make full registration if the domain name is available.
    3. The domain name will be held for 12 months and you will have the right to renew this domain name after this time on a 12 monthly basis.
    4. We will not issue refunds once a registration request has been completed.
    5. We cannot guarantee that a domain name has been registered until we receive confirmation of the registration process.
    6. We may cancel or suspend a domain name registration if we believe that completing the registration puts us in conflict with guidelines issued by the relevant body or where we believe that there may be conflicts of rights to a particular domain name.
    7. We do not accept any responsibility for the use of registered domain names especially where there may be conflict of rights over ownership.
    8. We do all we can to ensure that the registrants details are submitted correctly during the registration but cannot be held responsible for any errors or loss of profit suffered by you, the registrant or any party linked to the registrant.
    9. You and the (prospective) registrant warrant to us that all details as to the registrant submitted to us are true and correct, that any alterations made are also true and correct and that the registrant consents to be registered and accepts that information on him and his ownership of the domain name is made public.
    10. We reserve the right to alter our terms or rates in line with those of domain registrars and hosts
    11. The website or email may at times become unavailable (due to technical issues at our hosting company or with the internet) and we cannot be held responsible for any claim
    12. We will automatically renew your domain name, unless you advise us in writing. If you have not cancelled your renewall, you will be required to pay the registration fee for the remaining period.
  13. We do not offer or guarantee a particular position within a specific search engine nor do we offer a  marketing service offering or pertaining to offer “SEO” Search Engine optimisation for non paid search engine listings.
  14. Indemnification. You agree that you shall indemnify, defend, save and hold us harmless from any and all demands, liabilities, costs, claims including reasonable legal fees asserted against us , our agents, customers, officers or employees that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold us harmless against liabilities arising out of;(1) any injury to person or property caused by any product of yours sold or otherwise distributed in connection with our server or our host’s server;
    (2) any material supplied by you infringing or allegedly on the proprietary rights of a third party;
    (3) copyright infringement;
    (4) any defective product sold to a customer of yours from our server or our host’s server.
  15. Limitation of Liability
    1. All implied terms, conditions or other legal provisions are hereby excluded to the extent allowed by law
    2. We shall not be liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Agreement the development of the Website, the Website itself any software (including any bespoke software) its use application support or otherwise except to the extent to which it is unlawful to exclude such liability
    3. Notwithstanding the generality of the above, we expressly exclude liability for
      1. indirect, financial or consequential loss
      2. loss of profit, business, revenue, goodwill or anticipated savings
      3. damage or corruption to other software or data
      4. damages whether direct indirect compensatory consequential exemplary special incidental or punitive
    4. In the event that any exclusion contained in this Agreement shall be held invalid for any reason and we become liable for loss or damage that it might otherwise have been lawful to limit, you agree that our liability for breach of this Agreement or other liability of us to you shall be limited to the total value of this Agreement
    5. Notwithstanding the above, neither party shall exclude or limit its liability to the other for death or personal injury caused by negligence
    6. We agree that the above exclusions and limitations of liability are reasonable, reflect the respective financial positions of the parties and that the price for our work reflects the position on liability.
  16. Assignment. Either of us may assign the benefit (together with the burden) of this Agreement without seeking permission. The assignor shall notify the other party of the assignment and give details of the assignee as soon as possible thereafter
  17. Cancellation. We reserve the right to cease hosting services or reject a project in process, giving by providing notice. No refunds will be made should you breach any of these terms and conditions. You may cancel your hosting service with us by giving us 30 days notice in writing. No refunds will be issued for initial deposit, your completed site, registration or any other charges unless we cancel the contract for reasons not including: Non-payment or any other breech of these terms. Final payment of any balances should be made within 30 days of invoice and will serve as acceptance of your project and completed work.
  18. Entire Agreement. This Agreement shall constitute the entire agreement and understanding between the parties in respect of all matters which are referred to herein. Any previous or separate Agreements undertakings and obligations between the parties are hereby abrogated.
  19. Representations. All representations, warranties or other assurances made by or on behalf of us to you other than as set out in this Agreement do not form part of this Agreement nor shall they legally be enforceable or actionable.
  20. Location. These terms shall be governed and construed under the laws of England. Both we and you both submit to the exclusive jurisdiction of the English Courts.

Website Content. All website content (images, typed word document / email) is required within 30 days of ordering or as otherwise agreed.