Terms and Conditions

TERMS & CONDITIONS

These terms and conditions shall apply to the Agreement between Web Design Yorkshire of Tadcaster, United Kingdom (“Web Design Yorkshire”) and, the individual or company applying for the provision of services by Web Design Yorkshire (“Customer”).

It is hereby agreed that:

1. Definitions

In this Agreement, the following expressions shall have the following meanings:
“Clientware” means the equipment, cabling, systems and software provided by the Customer in connection with the Services i.e. for co-location;
“Commencement Date” means the date upon which Web Design Yorkshire confirms acceptance of the Customer’s offer to pay for the Services in accordance with these terms and conditions;

“Confidential Information”

information which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary;
“Contract” means a contract for the provision of the Services which arises from the acceptance by Web Design Yorkshire of an Order and which shall be on and subject to these terms and conditions;
“Domain Name Services” means the processing of Orders with the Relevant Naming Authority on the Customers’ behalf and such additional services as may be agreed between the parties;
“Duration Period” is the period commencing on the Commencement Date and expiring on the date the Agreement is terminated in accordance with Clause 6 of these Conditions;

“Fees”

the fees (including any VAT) due for the provision of the Services as calculated in accordance with the Price List;
“Hardware” means the equipment, cabling and systems provided by Web Design Yorkshire in connection with the Services;
“Hosting Services” means the website hosting services provided by Web Design Yorkshire;

“Inappropriate Material”

material that under the laws of any jurisdiction where the material can be accessed is any of the following:- unlawful, threatening, abusive, harmful, malicious, obscene, pornographic, is deemed Unacceptable Adult Material, profane, libellous, defamatory, breaches the rights (including without limit IPRs) of any third party, constitutes or encourages a criminal offence or contains a virus, worm, trojan horse or other harmful code;

“Intellectual Property Rights”
(“IPRs”)

copyrights, patents, registered and unregistered design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world;
“Web Design Yorkshire Website” any Website or micro site trading under the Web Design Yorkshire name;

“Material”

text, graphics, images, sound, video or any combination thereof;
“Netiquette” means generally accepted standards for use of the Internet such as but not limited to sending bulk unsolicited Email, mail bombing, misrepresenting the holding of third party authorisation and impersonating another person;

“Order”

means the Customers application for the Services through an Order Form or by adding items to their shopping basket and proceeding to the checkout phase. Completion by Customer indicates which Services it requires and its agreement to these terms and conditions governing such provision;
“Price List” prices for each of the Services as available on the Web Design Yorkshire Website

“Relevant Legislation”

laws relating to data protection and any laws governing Inappropriate Material;

“Server”

the computer server equipment operated by Web Design Yorkshire in connection with the provision of the Services;

“Services”

the services identified in an Order to be provided by Web Design Yorkshire to Customer including without limitation Domain Name Services, Hosting Services,Servers, details of the requested Data Transfer, Hardware, Storage Space and Software together with details of the Clientware pursuant to these terms and conditions and any others specified by Web Design Yorkshire on such Order;
“Software” means the computer software programs provided by Web Design Yorkshire in connection with the Services;
“Unacceptable Adult Material” includes any nudity, erotic images, sexually oriented material, or sexual themes;
“Website” a website on the World Wide Web;
“Web Design Services” means the completion of a web design package as specified on the Web Design Yorkshire site in accordance to the information supplied by the customer.
“Working Day” means a day other than a Saturday or Sunday on which the Clearing Banks in the United Kingdom are open to the public for the transaction of business;
“Working Hours” means 9am – 5.30pm on each Working Day.

2. Payment and Services

2.1 In consideration for the payment of the Fees calculated correctly in accordance with the prices shown on Web Design Yorkshire Website at the time of the completion of an Order by Customer or of placing of an Order by Customer by telephone,fax or post, Web Design Yorkshire agrees to provide the Services.

2.1.1 Domain names are registered for the period specified at the time of ordering, and are renewable by Customer on or before the end of the initial paid-for period, at the then current renewal rates, as published on Web Design Yorkshire Website from time to time, subject to Clauses 2.14, 10.3 and 10.16

2.1.2 Website hosting minimum period is 12 months, at the rate specified in Web Design Yorkshire price list as published on the Web Design Yorkshire Website from time to time.

2.1.3 Dedicated server/co-location minimum contract period is 12 months, at the rate specified in Web Design Yorkshire price list as published on the Web Design Yorkshire Website from time to time.

2.1.4 Where the Services are purchased with a monthly payment plan comprising of a set up fee, this fee is payable immediately. Where a long term contract is purchased, the set up fee is included within the total payment.

2.1.5 Where the Services purchased are based on a monthly payment plan, payment is made by credit card initially, the Customer expressly authorises Web Design Yorkshire to charge recurring billing as appropriate, until the Customer gives written notice otherwise to Web Design Yorkshire and the credit card company, or the Services end.
2.1.6 The volume of included data transfer is limited, depending on the chosen Services (web hosting 500MB per month, all other services as agreed). The volume of data transfer is the sum of all transfers resulting from the Customer’s Services. If the Customer exceeds this volume then Web Design Yorkshire reserves the right to make additional charges for usage above the limit as stated at its then prevailing charge rate (£0.01 per MB (Megabyte)). Web Design Yorkshire will endeavour to let the Customer know if its data transfer use exceeds the agreed level, however it is the Customer’s responsibility to monitor the data transfer being used by it from time to time using the Control Panel.

2.1.7 Web design services apply at the rate specified to the package chosen on the Web Design Yorkshire price list as published on the Web Design Yorkshire Website at the time of purchase. Additional fees will be applied if extra services are requested.

2.2 The Customer agrees to make payment for the Services as follows:

by debit or credit card payment at the time of making the order or renewal; or
at Web Design Yorkshires’ discretion payment may be made by cheque in Pounds Sterling for domain name registration/web hosting/dedicated servers/co-location if specially agreed beforehand. No Service will commence or be processed until full payment has cleared.

2.3 If Customer fails to pay any invoice which is due and payable under this Agreement, Web Design Yorkshire shall be entitled to charge interest on a daily basis on the overdue amount and on outstanding interest from the date of such failure until payment (until judgment) at an annual rate 4% above the base rate for the time being in force of Barclays Bank plc.

2.4 Non-delivery or non-performance of services by any third party other than Web Design Yorkshires’ sub-contractors shall not give Customer any right to delay any payment to Web Design Yorkshire or to make any claim whatsoever against Web Design Yorkshire.

2.5 The Customer acknowledges that the provision of the Services is conditional on Web Design Yorkshire receiving payment of the Fees in full. In the event of non payment of Fees or suspected fraudulent activity in relation to payment of Fees by the Customer, Web Design Yorkshire reserves the right forthwith to withhold, suspend or cancel the Services without further obligation to Customer. Domain names, once registered, are unable to be cancelled or changed.

2.6 The terms of the Contract contain the whole agreement between Web Design Yorkshire and the Customer in relation to the Services, Hardware and Software detailed in the Order thereto. All other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law.

2.7 If the Customer requires any variations or additions to the Services, Hardware and/or Software or Clientware to those set out in an agreed Order then the parties may agree a new Order superseding the existing Order.

2.8 Web Design Yorkshire reserves the right at any time and from time to time to amend, improve or correct the Services, Software and/or Hardware (or any part thereof) provided that such modification does not materially affect them. This includes the right to substitute the Hardware with Hardware of similar specification, where necessary. Web Design Yorkshire shall endeavour to give the Customer reasonable notice of such modifications but this may not always be possible and Web Design Yorkshire shall not be liable to the Customer or to any third party for any such modification or any failure to give such notice.

2.9 Where Clientware is located at the property of Web Design Yorkshire or any associated group company, Web Design Yorkshire shall, upon arrangement of an appointment during Working Hours, allow the Customer reasonable access to the Clientware.

2.10 Web Design Yorkshire shall use its reasonable endeavours to provide the Services in accordance with the desired launch date however time of provision of the Services shall not be of the essence. Web Design Yorkshire shall notify the Customer when it has installed the Services and the Customer shall (as soon as reasonably practicable and in any event within 2 Working Days) review and assess the Services against the Agreed Service Levels set out in the Order. If the Customer reasonably considers that the Services do not meet the Agreed Service Levels then it shall immediately notify Web Design Yorkshire and provide details of the same. Web Design Yorkshire shall use its reasonable endeavours to rectify any failure of the Services to meet the Agreed Service Levels (except where such failure is due to the occurrence of any Suspension Event as defined below) as soon as reasonably practicable whereupon it shall notify the Customer which shall reassess the Services as above. If the Client does not notify Web Design Yorkshire within 2 Working Days of installation or (where Web Design Yorkshire rectifies the Services) notification of completion of rectification of the Services then the Customer shall be deemed to have accepted the Services and the Services shall be deemed to meet the Agreed Service Levels as at the date of installation or rectification.

2.11 Web Design Yorkshire reserves the right at its sole discretion to suspend the Services (temporarily or permanently) on the occurrence of any unscheduled maintenance or any of the following (each of the following shall be a “Suspension Events”): (i) Notified Maintenance; (ii) issue by any competent authority of an order which is binding on Web Design Yorkshire and which affects the Services; (iii) if the Customer fails to pay any amounts due under the Contract when they are due; (iv) if any events occur which would entitle Web Design Yorkshire to terminate the Contract; (v) the Data Transfer used by the Customer in relation to the Services exceeds the agreed level and Web Design Yorkshire determines in its sole discretion that such suspension is necessary to protect all and any Internet solutions provided by Web Design Yorkshire from time to time; or (vi) failure or deficiencies in the Clientware.

2.12 For the purposes of this Agreement, time of payment is of the essence.

2.13 All transactions are subject to UK VAT at the rate of 17.5%.

2.14 All prices may be increased subject to the base rate of inflation as calculated by the Bank of England. Customers will be given one months notice of any price changes.

3. Indemnity

3.1 Customer hereby agrees fully to indemnify, keep indemnified and hold harmless Web Design Yorkshire, its officers, employees, agents, sub-contractors and affiliated companies from and against any and all costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by Web Design Yorkshire or its any of its officers, employees, agents, sub-contractors or affiliated companies directly or indirectly and in any jurisdiction as a result of:

3.1.1 any breach of any of the warranties given by Customer in this Agreement;

3.1.2 otherwise howsoever arising out of the provision by Web Design Yorkshire of any Service hereunder unless on account of breach of contract or negligence by Web Design Yorkshire; and/or

3.1.3 any breach by Customer of any of its obligations in this Agreement.

4. Customer Authorisation and Obligations

4.1 Customer hereby appoints Web Design Yorkshire to act on its behalf in conjunction with the provision of the Services.

4.2 Customer acknowledges and accepts that to enable Web Design Yorkshire properly to provide the Services it must co-operate with Web Design Yorkshire as required by Web Design Yorkshire and, in particular:-

4.2.1 ensure that all its communication details which are provided to Web Design Yorkshire are at all times true, current, accurate and complete and the Customer shall promptly notify Web Design Yorkshire of any such alterations thereto from time to time and the Customer acknowledges that Web Design Yorkshire shall not be liable for any costs, damages or loss which the Customer may suffer or incur as a result of failure to notify such changes to Web Design Yorkshire.

4.2.2 obtain the consent of individuals whose personal data are to be held on a domain name register or are otherwise provided to Web Design Yorkshire.

4.3 The Customer agrees that it shall:

4.3.1 immediately notify Web Design Yorkshire if it becomes aware of any unauthorised use of all or any of the Services, Software, Clientware and/or Hardware;

4.3.2 not use the Services, Software, Clientware and/or Hardware or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any Inappropriate Material whether under English law or regulation, the laws or regulations of the Customer country or any other place where the results of such purpose or such material can be accessed;

4.3.3 not use the Services, Software, Clientware and/or Hardware or allow them to be used for the publication, linking to, issue or display of any material which in the absolute discretion of Web Design Yorkshire may harm Web Design Yorkshire or any of its Customers or bring Web Design Yorkshire into disrepute or may call into question any action taken by Web Design Yorkshire on the Customer’s behalf;

4.3.4 not use the Services, Software, Clientware and/or Hardware or allow them to be used in breach of good Netiquette practices;

4.3.5 remove or prevent access to any material which is hosted on any of the Hardware and/or Clientware and which causes or is likely to cause the Customer to be in breach of the Contract;

4.3.6 ensure that it has all necessary consents, permissions and licences to make use of the Services including without limit registration under the Data Protection Act 1984 and 1998;

4.3.7 not provide any technical or other information obtained from Web Design Yorkshire and/or relating to the Services, this Agreement or the Contract to any person, company, firm or government which the Customer knows or ought reasonably be aware may directly or indirectly lead to a breach of any English law or regulation;

4.3.8 not, in breach of good Netiquette practices, use any service provided by any third party (including without limit an Internet web site and/or Email) for the publication, linking to, issue or display of any material which refers to an Internet web site hosted by Web Design Yorkshire or any other services offered by Web Design Yorkshire from time to time;

4.3.9 ensure that all material or data hosted by Web Design Yorkshire on any web site operated by the Customer from time to time or communicated through such site or using the Clientware, Hardware and/or Software is checked for viruses and other harmful code;

4.3.10 be responsible for keeping regular back ups of all material and data hosted by Web Design Yorkshire on any web site operated by the Customer from time to time using the Clientware, Hardware and/or Software;

4.3.11 ensure that all passwords are at all times kept confidential, used properly and not disclosed to unauthorised people and if the Customer has any reason to believe that any password has become known to someone not authorised to use it or if any password is being or is likely to be used in an unauthorised way or of any other breach of security then the Customer shall inform Web Design Yorkshire immediately;

4.3.12 be entirely liable for all activities conducted and charges incurred under its passwords whether authorised by it or not and the Customer acknowledges that Web Design Yorkshire shall not be liable for any loss of confidentiality or for any damages arising from the Customer to comply with these terms;

4.3.13 not use any part of the Web Design Yorkshire premises except as is reasonably necessary to inspect and maintain the Clientware and the Customer shall ensure that such part is kept in good condition and is returned to its original condition upon any termination of any contract for the provision of Services;

4.3.14 not, whilst present at any Web Design Yorkshire premises, do anything which may be dangerous, nuisance, inconvenience or disturb any Web Design Yorkshire personnel or other Web Design Yorkshire clients and the Customer shall abide by all health and safety and other policies as Web Design Yorkshire may notify to the Customer from time to time in relation to any such premises;

4.3.15 not use the Services in a manner which infringes a third party’s copyright or other intellectual property rights of whatsoever nature;

4.3.16 not use the Services in any way that leads to a risk of or causes an excessive load on the server/network provided by Web Design Yorkshire in connection with the Services

4.4 The Customer acknowledges that in order to make proper use of the Services it should have a basic knowledge of how the Internet functions and what types of use are and are not acceptable. The Customer recognises that the use of the dedicated servers and the co-location Services requires an essential knowledge of matters such as, without limitation, system administration and the languages, software and protocols of the internet. The Customer acknowledges that Web Design Yorkshire shall have no obligation to: a) manipulate any material which the Customer wishes to and/or does post on any web site it operates or any communication which it issues or sends in connection with any of the Services; or b) validate or vet such material for usability, legality, content or correctness.

4.5 The Customer warrants, represents and undertakes that the use of the dedicated servers and the co-location Services requires the knowledge referred to in clause 4.4. and accepts that it is not the responsibility of Web Design Yorkshire to ensure that the Customer has such knowledge or to provide such knowledge or support or assistance and that any assistance that may be given is offered purely on a goodwill basis unless otherwise agreed in writing with Web Design Yorkshire.

5. Web Design Yorkshire Warranties and Liability

5.1 Web Design Yorkshire makes no warranties or representations that any Service will be uninterrupted or error-free. Customer accepts all Services provided hereunder “as is” without warranty of any kind.

5.2 All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) – excluding those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) – are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.

5.3 Web Design Yorkshire shall not be liable for any services or products to be supplied by any third party.

5.4 Web Design Yorkshire shall not be liable for any loss or damage of whatsoever nature suffered by Customer arising out of or in connection with any breach of this Agreement by Customer or any act, misrepresentation, error or omission made by or on behalf of Customer.

5.5 Web Design Yorkshire disclaims all liabilities in connection with the following :

5.5.1 loss of material uploaded;

5.5.2 incompatibility of the site with any of the Customer’s equipment, software or telecommunications links;

5.5.3 technical problems including errors or interruptions of the site;

5.5.4 unsuitability, unreliability or inaccuracy of the site.

5.6 Web Design Yorkshire is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services, Hardware or Software caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Customer whether or not beyond those already supplied.

5.7 Subject to Clauses 5.8 and 5.9 below, no matter how many claims are made and whatever the basis of such claims, Web Design Yorkshires’ maximum aggregate liability to Customer under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 5.1-5.5 above, or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the Fees paid by Customer pursuant hereto.

5.8 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Web Design Yorkshire, its employees or its sub-contractors.

5.9 This does not affect your statutory rights as a consumer, including those set out in Clause 8 below.

6. Termination

6.1 Web Design Yorkshire may terminate this Agreement by notice in writing to Customer having immediate effect if:

6.1.1 Customer is in breach of any of its obligations under this Agreement;

6.1.2 Customer is a company and a resolution is passed for its winding up or a petition for its liquidation is presented; or

6.1.3 Customer is an individual and a petition for bankruptcy is presented against it; or

6.1.4 A receiver or liquidator (where Customer is a company) or (where Customer is an individual) a trustee in bankruptcy is appointed over it or any of its assets; or

6.1.5 Customer proposes or enters into any arrangement or composition with or for its creditors (including any voluntary arrangement).

6.2 In the event that any of the circumstances identified in Clause 6.1 arises, Web Design Yorkshire shall have the option to terminate this Agreement as regards all Services provided or to be provided or only as regards that Service or those Services in respect of which the breach is considered by Web Design Yorkshire to have been committed; and

6.3 In the event that any of the circumstances identified in Clause 6.1 arises, Web Design Yorkshire shall be entitled to retain any sums paid to it by Customer hereunder and recover any sums due to it pursuant hereto whether invoiced or not at the date of termination.

7. Confidentiality

7.1 Each of the parties agrees (subject to Clauses 7.2 and 7.3) not to:

7.1.1 disclose any Confidential Information received from the other party; or

7.1.2 make any use of any such Confidential Information other than for the purposes of performance of this Agreement.

7.2 Each party may disclose Confidential Information received from the other to its responsible employees, consultants, sub-contractors or suppliers who need to receive the information in the course of performance of this Agreement.

7.3 The confidentiality obligations under Clause 7.1 shall not apply to any information which:

7.3.1 is or subsequently becomes available to the general public other than through a breach by the receiving party; or

7.3.2 is already known to the receiving party before disclosure by the disclosing party;

7.3.3 is developed through the independent efforts of the receiving party; or

7.3.4 the receiving party rightfully receives from a third party without restriction as to use.

8. Cancellation by Customer

8.1 Where a Customer is deemed to be a “consumer” for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 or any reenactment thereof, he/she has the right to cancel an order, within 7 days of placing the order, by giving notice in writing to Web Design Yorkshire, subject to the following provisions:

8.1.1 orders for registration of domain names may not be cancelled after the domain name has been registered with the appropriate registrar;

8.1.2 orders for renewal of domain names may not be cancelled after Web Design Yorkshire has submitted the renewal request to the appropriate registrar;

8.1.3 in the event of cancellation of a dedicated server/co-location Order by the Customer within 7 days of placing the Order, the Customer remains obliged to pay the set-up fee for the Services;

8.1.4 in the event of cancellation or termination by the Customer part way through the minimum contract period, the Customer remains obliged to pay for the Services for the entire minimum period under Clause 2.1.

8.2 In the event of a cancellation of an order by Customer, under the terms of this provision, Web Design Yorkshire undertakes to refund any monies paid within 30 days of cancellation.

8.3 Customers have the right to cancel orders for web design services at any point during the process. Instructions for cancellation must be made in writing. The 30% deposit will remain non-refundable and additional charges will be applied for work already undertaken

9. General

9.1 Subject to Clause 9.2, this written Agreement together with the Schedules hereto and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof. Nothing in this Clause 9.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.

9.2 No change, alteration or modification to this Agreement shall be valid unless in writing and signed on behalf of both parties hereto.

9.3 If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.

9.4 The rights and obligations of Customer under this Agreement are personal to Customer and Customer undertakes that it shall not, without the prior written consent of Web Design Yorkshire, assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.

9.5 Web Design Yorkshire reserves the right to sub-contract any of the work required to fulfill its obligations hereunder.

9.6 The Customer agrees and acknowledges that domain names parked on the Web Design Yorkshire system which are not using the free web forwarding service will display an Web Design Yorkshire holding page and that said page may incorporate advertising banners from time to time.

9.7 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control as detailed in clause 15.

9.8 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

9.9 Clause headings have been included in this Agreement for convenience only and shall not be considered part of, or be used in interpreting, this Agreement.

9.10 Unless otherwise stated, all rates quoted are exclusive of value added tax at the standard rate.

9.11 This Agreement shall be governed by the laws of England and the parties submit to the to the exclusive jurisdiction of the Courts of England and Wales.

10. Domain Name Registration

10.1 Customer recognises and accepts that:

10.1.1 Web Design Yorkshire reserves the right to reject any request by a Customer to register any particular domain name or to discontinue processing such a request if Web Design Yorkshire considers such application might expose Web Design Yorkshire to legal or other proceedings.

10.2 Subject to Clause 12, the extent of Web Design Yorkshires’ service in relation to the registration of domain names is:

10.2.1 to forward Customer’s application to the appropriate Registry;

10.2.2 to provide administrative support in securing the registration;

10.2.3 to notify Customer of the outcome of the application.

10.3 Subject to using its reasonable endeavours to contact Customer prior to the domain name registration renewal date(s) at the e-mail address most recently provided by Customer pursuant to Clause 4.2.1, Web Design Yorkshire will have no involvement in, or responsibility for Customer’s use or retention of a domain name once registered;

10.4 For the avoidance of doubt and in addition to the provisions of Clause 5 above, in no circumstances will Web Design Yorkshire be liable to Customer for any loss of profit, business or anticipated savings suffered by Customer on account of a failure to obtain or loss of a domain name;

10.5 Web Design Yorkshire makes no warranty or representation of any kind in relation to the likelihood or otherwise of a particular domain name application being successful because domain name registries retain the right at their discretion to register or refuse to register a domain name applied for by Web Design Yorkshire on behalf of Customer;

10.6 Customer’s use of the domain name once registered may be challenged by a third party; if so, or if any other dispute arises the procedures laid down by the relevant registry will apply and these may include the suspension or revocation of a Customer’s application for a domain name or the registration of a domain name allocated to Customer to a third party and Web Design Yorkshire will have no responsibility or involvement in relation thereto;

10.7 It is Customer’s responsibility to pay any and all renewal charges to the relevant registry in respect of each domain name registered by Web Design Yorkshire on Customer’s behalf;

10.8 Domain names are registered on a first come, first served basis;

10.9 The registration of a domain name does not confer any legal rights to a name or its use and any disputes between Customer and a third party are to be settled using normal legal methods. Web Design Yorkshire will not be drawn into any such argument or dispute in any circumstances;

10.10 An application for the registration of a domain name cannot be treated as having been successful until Customer has been notified by Web Design Yorkshire in writing to this effect by email or otherwise.

10.11 Web Design Yorkshire will notify Customer as soon as is reasonably possible after the registration of a domain name has been effected and Customer shall be responsible for visiting Web Design Yorkshires’ Website on receipt of such notification in order to verify that the domain name has been registered correctly and for notifying Web Design Yorkshire immediately if there is any error.

10.12 Customer is advised not to take any action in respect of a requested domain name until it has carried out its obligations under Clause 10.15 and satisfied itself that such domain name has been correctly registered.

10.13 The relevant domain name registry will include the names of the Customer and the administrative contact and other details relating to them. This information (if it refers to individuals) is ‘personal data’ for the purposes of data protection legislation. Web Design Yorkshire may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the domain name or any other related purpose. Changes to this data once it has been entered into the relevant registry will incur a £20.00 + VAT administration fee.

10.14 By releasing a domain name registered by Web Design Yorkshire to another server/host the Customer terminates this Agreement between Web Design Yorkshire and Customer and agrees to abide by the terms & conditions laid out by the receiving host/server.

10.15. Customer warrants to Web Design Yorkshire that:

10.15.1 all information provided by Customer to Web Design Yorkshire is true and correct, and that any additions or alterations thereto in the future will also be true and correct;

10.15.2 it has the legal right to apply for and use the domain name(s) as a Website and/or email address; and

10.15.3 the domain name(s) and its use as a Website and/or email address does not and will not infringe the Intellectual Property Rights or any other rights of a third party.

10.16 Customer acknowledges that the application process, registration and subsequent use of any domain name will be subject to the rules and policies from time to time of the relevant registry and Customer agrees to abide by all such rules and policies. Accordingly, Customer undertakes to read those rules and policies before applying for a domain name (copies are generally available from the relevant registry’s Website and are available from Web Design Yorkshire by fax or post on request).

10.17 If Customer’s application for a particular domain name is rejected, Web Design Yorkshire will return to Customer any payments received in respect of that application.

10.18 The initial registration fee is to secure the domain name(s) and pay the relevant NIC bodies (e.g. Nominet) administration fees only, and does not include any form of web hosting.

11. Web Hosting (including web forwarding)

11.1 All Material which a Customer wishes to post on a Website will be in a condition which shall be “server-ready” and which requires no additional manipulation on the part of Web Design Yorkshire. Web Design Yorkshire shall be under no obligation to validate such Material for content, correctness, legality or usability.

11.2 Customer recognises that using Web Design Yorkshires’ Website hosting services requires a certain level of knowledge on Customer’s part in the use of Internet languages, protocols and software. The following examples are offered:

11.2.1 Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Web contents, graphics, sound, text, imagemapping etc.

11.2.2 CGI scripts: requires a knowledge of the UNIX environment, Telnet, TAR and GUNZIP commands, Perl, CShell, permissions etc.

11.3. Customer warrants that it has the necessary knowledge referred to in Clause 11.2 above and acknowledges that it is not the responsibility of Web Design Yorkshire to provide such knowledge or to provide customer support unless otherwise agreed in writing with Web Design Yorkshire.

11.4 Customer acknowledges and accepts that it bears sole responsibility, legal and otherwise, for the content of all Material appearing on its Website. For the avoidance of doubt, this clause shall apply to all Material, whether posted on Customer’s Website by or on behalf of Customer (whether by Web Design Yorkshire or a third party).

11.5 Customer warrants, represents and undertakes in relation to all Material that:

11.5.1 it is not Inappropriate Material;

11.5.2 Customer either has sole ownership of all Intellectual Property Rights in such Material in each jurisdiction from which the Website may be accessed and/or has obtained full and effective licence(s) from all relevant third parties allowing Customer or a third party acting on behalf of Customer to use the Material and to permit its dissemination worldwide;

11.6 Customer undertakes not to link to any Inappropriate Material from its Website.

11.7 Web Design Yorkshire shall retain the right at all times to refuse to post any Material and to suspend availability of the Website (including web forwarding), place a prominent notice on the Website where an allegation of defamation or Intellectual Property Right infringement is made by a third party or place a link on the Website to another Website containing the alleger’s version of events and/or to remove any Material already appearing on the Website which in the opinion of Web Design Yorkshire may under the laws of any jurisdiction from which it is possible to access the relevant Website :

11.7.1 constitutes or would if posted constitute Inappropriate Material;

11.7.2 breaches or would if posted breach Relevant Legislation or any other applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory); and/or

11.7.3 harms or would if posted harm the reputation of Web Design Yorkshire in any way.

11.8 Web Design Yorkshires’ rights to suspend availability of Customer’s Website and/or remove content under Clause 11.7 above shall be without prejudice to Customer’s sole responsibility for content of the Website under Clause 11.4 and to the warranties given by Customer relating to that content in Clause 11.5.

11.9 Posting of Material by Web Design Yorkshire on the Website shall not under any circumstances constitute a waiver of any of its rights in relation to such Material or of its rights in relation to any breach of Customer’s obligations under this Agreement.

11.10 Customer undertakes not to embark on any course of action, whether by use of its Website or any other means, which may cause a disproportionate level of Website activity without providing at least seven day’s prior notice in writing to Web Design Yorkshire.

12. Web Design

Customer recognises and accepts that:

12.1 Submission of a completed order form and payment of the 30% non-refundable deposit signifies the customer has entered into a binding contract with Web Design Yorkshire for design services. This contract excludes any additional services the customer has purchased from Web Design Yorkshire in relation to domain name registration, hosting packages or dedicated servers unless specified.

12.2 Additional services requested after the form has been submitted, not included on the original form or not part of the package detailed on the Web Design Yorkshire website will be quoted for as requested and charged for accordingly.

12.3 It is the customer’s responsibility to give clear instructions to Web Design Yorkshire and all necessary information on the order form. The customer must ensure that all the information is complete and accurate. This includes all content and information to be included in the web site. Any changes to the specifications on the submitted order form or to the content submitted prior to the completion of the design by Web Design Yorkshire may incur additional charges.

12.4 Customers will be required to pay a 30% non-refundable deposit for the work.

12.5 Web Design Yorkshire will only commence work on the customer’s site once ALL the required content (both text and images) and a non-refundable deposit for the work have been received.

12.6 Once the design work has been completed in accordance with the agreed specification defined by Web Design Yorkshire and the customer or more than six months have passed since commencement of the service the customer will be charged the remaining 70% of the design fee. Payment can be made via cheque or credit card.

12.7 Any descriptions or illustrations contained in Web Design Yorkshire catalogues, brochures, leaflets, correspondence or on its web site are issued or published for the sole purpose of giving an approximate idea of the relevant projects and websites that we can create. They will not form part of the Contract.

12.8 If the customer wishes to cancel the web design service once the order form and 30% deposit have been accepted the web design service will be cancelled but the deposit will remain non-refundable unless otherwise stated by Web Design Yorkshire. Please note that cancellation of any part of the service is permissible at any time. Cancellation instructions should be submitted in writing to Web Design Yorkshire, 28 Ashliegh Meadows, Newry. BT34 5RN. UK.

12.9 Web Design Yorkshire will make reasonable efforts to ensure that details provided relating to website packages are adhered to, but reserves the right to make minor alterations without notice to the customer where necessary, and this shall not constitute breach of the Contract.

12.10 Any modifications customers require after the finished web design is handed over to the customer must be made in writing or by email. Customers will incur a maintenance fee for any changes.

12.11 Invoices may include any fees or expenses that were authorised verbally in order to expedite a project.

12.12 Web Design Yorkshire shall not be held liable for any incidental or consequential damages which arise from the failure to perform any aspect of the project in a timely or acceptable manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Web Design Yorkshire or a third party.

13. E-mail Services (including e-mail forwarding)

13.1 Customer undertakes that it will not (and will ensure that others under its control will not) via e-mail:

12.1.1 transmit Inappropriate Material;

13.1.2 infringe the Intellectual Property Rights of any third party;

13.1.3 make use of the Server to an extent or in a manner which in Web Design Yorkshires’ reasonable opinion is excessive, wasteful or otherwise to the detriment of Web Design Yorkshire, any of Web Design Yorkshires’ customers or any other third party, including but not limited to:-

13.1.3.1 the transmission of spam e-mail; or
13.1.3.2 the transmission of insulting criticism or remarks intended to incite anger.

13.2 When sending e-mail, Customer acknowledges that it is responsible for complying with any Relevant Legislation.

13.3 Customer acknowledges that Web Design Yorkshire is not responsible for the security of the contents of e-mail sent or received by Customer.

13.4 Web Design Yorkshire will use its reasonable endeavours to ensure that messages are routed accurately and promptly but does not accept any liability for non-receipt, non-delivery or misrouting of e-mail or any other failure of the e-mail system.

13.5 Web Design Yorkshires’ policy is to respect the privacy of e-mail messages sent, received forwarded or otherwise dealt with by it and Customer acknowledges that Web Design Yorkshire will therefore not monitor, edit or disclose the contents of such messages unless required to do so by law or competent authority or to protect Web Design Yorkshires’ rights and/or position.

14. Intellectual property rights and licence agreement

14.1 All IPRs relating to the Services, Hardware and/or Software including without limit any Internet Protocol Addresses assigned to the Customer are and shall remain the property of Web Design Yorkshire. Web Design Yorkshire reserves the right to change the Internet Protocol Address assigned to the Customer at any time, however Web Design Yorkshire shall endeavour to give reasonable notice of the change and shall use reasonable endeavours to reduce disruption to the Customer resulting from such changes.

14.2 Title to the Hardware and Software (both legal and equitable) is and shall at all times remain with Web Design Yorkshire and the Customer shall keep the Software and Hardware free of all liens, encumbrances and charges and protect it from any and all judicial process.

14.3 Web Design Yorkshire grants to the Customer a non-exclusive non-transferable licence to use the Software on the Hardware and/or Clientware and in conjunction with the Services and except as provided for in the Contract the Customer is not permitted to sub-licence any rights granted under the Contract to any third party. The Customer agrees that it will not itself, or through a third party:

14.3.1 copy the Software, except as is necessary to install on Hardware and for internal, archiving purposes. In the event that the Client makes any copies of the Software, the Client shall reproduce all proprietary notices on such copies;

14.3.2 reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software;

14.3.3 sell, lease, license, transfer or sublicense the Software or associated documentation; or

14.3.4 write or develop any derivative or other software programs based, in whole or in part, upon the Software or any confidential information.

15. Risk and Title

15.1The Customer acknowledges that the allocation of risk in any Equipment shall pass to the Customer.

15.2 The Customer acknowledges that with relation to dedicated servers Web Design Yorkshire shall retain ownership of the Equipment for the Duration Period of this Contract.

16. Force Majeure

16.1 If Web Design Yorkshire is prevented or delayed in or from performing any of its obligations under these terms and conditions or the Contract due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency Web Design Yorkshire shall not be liable for this.

This Agreement does not affect your statutory rights.