Terms of website use
Please read these terms of use carefully before you start to use the site or purchase one of our website plans. By using our site and or making a payment you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our website or making a payment.
Posted Information Disclaimer
1. The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
2. We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site or any website we build and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this website.
Definition of our terminology used within this document
1. A 'Project' is any work undertaken or service provided by Spectrum Websites for the client on their request and as described in our confirmation order email to that Client.
2. 'You' or 'Client,' is a person, persons, business or organisation using any of the services provided by Spectrum Websites.
3. 'We' or 'us', refers to Spectrum Websites.
4. The term “Go Live” means the date the website is available on the client's chosen domain.
5. 'Domain' is the website address as specified by the client.
6. 'Hosting & Maintenance' is a monthly cost to keep a client’s website activated online.
7. 'Content' is both text and images that the client has provided and requires on the website.
8. The term “down time” refers to and means any time the clients website is off line and not visible publicly for any reason or any period of time.
General
1. The contract between Spectrum Websites and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these terms and conditions shall have no effect unless agreed by both parties in writing.
2. The works to be carried out shall be as set out in the Spectrum Websites invoice which can be found attached to the confirmation order email.
3. Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period.
4. We reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period.
5. It is your responsibility to provide up to date information for your Website. Amendments can be made where necessary by contacting Spectrum Websites.
6. Renewal is on a monthly basis, if you fail to pay your monthly renewal, your website will expire 14 days thereafter and may be deleted from our servers, a reactivation fee will apply.
7. Spectrum Websites will not take responsibility for any inaccuracies that you fail to notify us of.
Our liability
1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
2. Spectrum Websites cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed as a result of a service offered by Spectrum Websites or any service down time
3. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
· loss of income or revenue;
· loss of profits or contracts;
· loss of business;
· loss of anticipated savings;
· loss of data;
· loss of goodwill;
· wasted management or office time; and
· for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
5. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Copyright & Intellectual Property Rights
1. It is important that the website is not in any way illegal. It is your, the client’s reasonability to ensure that any images or content you supply to Spectrum Websites for use on your website, is legally available for you for your commercial use and that you are the sole copyright owner of any content you provide to Spectrum Websites, we cannot be held responsible for the illegal use of images, content or format of material supplied by the client. We, Spectrum Websites reserve the right to remove any website from our servers if we has reason to believe that it is operating illegally.
2. Where images used on the website have been purchased by Spectrum Websites or are owned by Spectrum Websites, these images are restricted by license for use on the website only, they may not be copied or reproduced in any form, Spectrum Websites 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.
International Law
1. Spectrum Websites makes no claims that the contents of this website may be lawfully viewed or downloaded outside of England or 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.
Communication
1. It is the client's responsibility to inform us of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid and up to date email address.
2. It is important for the client to keep in contact with Spectrum Websites throughout the entire project. If a client does not make contact for more than 2 weeks, we will make up to 5 attempts to contact the client by email using the email address provided by the client and held on file. If we do not receive a response to these attempts of contact the project may be terminated, and any payments to date will not be refunded. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us. Otherwise the project may be archived. If the client contacts us and wishes to resume the project within three months from the date we last made contact with the client, then we reserve the right to charge a £50 administration fee, to continue work on the project. After three months the project will be deleted from our servers.
3. If a client resumes contact after three months from the date we last made contact with them, we will provide a new quotation for the project and any money paid or payment already made will be non-refundable or transferable.
Hosting and Search Engine Optimisation
1. Spectrum Websites will make every effort to ensure your website gains position and ranking on Google, although every effort is made, Spectrum Websites do not take any responsibility for a client's website ranking position on search engines as ranking and position can never be guaranteed. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client's website, there could be a change in the websites search engine ranking. Spectrum Websites do not guarantee any search engine position and will not be held responsible or liable for any movement in position of your website on any search engine.
Payment Agreement
1. We offer annual and monthly payment agreement. The hosting and maintenance renewal charge is payable in advance and upon the anniversary of the Go Live date, your payment must be received within 10 days of your Go Live date and monthly thereafter. Any and all outstanding balances will be subject to a 6% daily interest charge upon the full outstanding balance. We reserve the right to deactivate any website when the client has not paid the monthly renewal charge. In any event, if the client has failed to make payment within 28 days of their monthly renewal date we reserve the right to charge an administration fee of £50 for reactivating the website.
2. Your (the client’s) website will expire 30 days after a monthly payment is not paid to us (Spectrum Websites).
3. Spectrum Websites reserve the right to delete the client’s website from our servers 30 days after the date your hosting expired.
4. Monthly plan payments are for whole or part months and are none refundable.
5. Annual plan payments are for one year or any part of one whole year, any payments are none refundable.
6. We reserve the right to and will charge an admin payment processing fee of up to £20 for any payment made in error or to process any overpayment refund.
Cancellation Policy
1. Our minimum contract period is 12 months, after which you may cancel subject to you giving 30 days written notice.
2. Thirty days (30 Days) notice is required to quit/cancel, your written notice must be given prior to your monthly payment date, this is required to cancel your contract with Spectrum Websites.
3. The client must give Spectrum Websites 30 day’s written notice of cancellation.
4. The 30 day notice period will start when Spectrum Websites receive your written notice.
5. Spectrum Websites can cancel your (the client’s) website plan/contract at any time and will give you 30 days written notice by email to the email address provided by you the client.
Domain Names and Links
1. If required, a domain name will be registered by Spectrum Websites on behalf of the client once we have received payment in full. Although the domain names are registered to us, the client is the legal owner of the domain and they can request to have details changed or the domain transferred, this applies to the client’s initial project domain but does not apply to any additional domains that Spectrum Websites have purchased and not charged the client for.
2. Where our site contains links to other sites and resources provided by third parties, these links are provided for information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.
3. We may place a small text link on the footer of our client's website that simply states the website was designed by Spectrum Websites and links to our company website. This link can be removed, upon written request, if required.
Variations
1. We may revise these terms of use at any time by amending this page. You (the client) are expected to check this page from time to time to take notice of any changes we have made, as these terms and conditions are binding on you (the client). Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Privacy Policy
1. We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
2. Spectrum Websites will never share your information with any outside companies or organisations.
3. We will only ever use your information for our records, accounts and to develop your website.
4. All our clients date is kept private and securely offline.
5. Any data that you submit using a web form or email chris@spectrumwebsites.co.uk will be held by Spectrum Websites as Data Controller and will be held securely and in accordance with the General Data Protection Regulation for 12 months or until your contract with Spectrum Websites is cancelled after that time we will securely and confidentially destroy your data. Your data will not be disclosed to any third parties without your consent or as otherwise allowed by the relevant Data Protection legislation and will only be used for responding to your query (or purposes associated with that purpose). You have the right to be informed about what data we hold about you along with other rights set out in the legislation. Further information about your rights under the data protection legislation can be found at www.ico.org.uk
Your concerns
If you have any
concerns about material which appears on our site, please contact us:
by phone on 07724 100 552 or email info@spectrumwebsites.co.uk
Spectrum Websites
12 Vardre Park
Deganwy, Conwy
LL31 9YQ
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