Acceptance of services
By entering into a contract of service with Duncan Arrow Limited, you agree to the following terms and conditions.
1. Interpretation
1.1 Definitions
Unless otherwise stated, the following definitions apply to this document:
– “I”, “myself”, “my”, and “me” are references to Duncan Arrow Limited;
– “you”, “your”, “client” and “customer” are references to the person paying for services from Duncan Arrow Limited having entered into this agreement;
– “services” are web hosting, web design and other services or facility that you have asked me to perform on your behalf;
– “hosting provider” is the chosen supplier for hosting the customers website;
– “account” includes all client web hosting accounts as well as root and admin level access where appropriate;
1.2 This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
1.3 Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
1.4 Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
1.5 I reserve the right to alter these Terms and Conditions at any time without prior notice and will issue an update by email or upon request.
1.6 By accepting a quotation or making a payment of invoice to use the services supplied, the client acknowledges to have read, understood, and accepted the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
1.7 Include
The words “include” and “including” are to be construed without limitation.
1.8 Headings
The headings in this document are for convenience only and shall not affect the interpretation of these conditions.
2. General
2.1 I will carry out work only where an agreement is provided either verbally, by email, telephone, mail or fax. I will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between myself and the client, and this includes via telephone, face-to-face and email agreements.
2.2 You have no right to direction, control or supervision of myself or anyone who is subcontracting on my behalf. You can make sensible requests but I am not obliged to agree to them.
2.3 I am under no obligation to perform all of the services myself and am free to subcontract out any specific tasks to another Limited Company or contractor as I deem appropriate. Duncan Arrow Limited will deal with payment to any subcontracted staff member or Limited Company and will perform suitable checks to ensure that any subcontractor has the correct skills and experience to complete the necessary tasks.
3. Website Design
3.1 Every endeavour will be made to ensure that the website and any scripts or programs are free of errors, however I cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it. Whilst every care has been taken to ensure that the services are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
3.2 The use of WordPress, along with any themes, plugins or other code are used entirely at the customers own risk and no guarantee is made as to the suitability, reliability or security of such products. Please note the terms and conditions for WordPress as per here: http://wordpress.org/about/gpl/
3.3 Unless otherwise agreed, updates of the WordPress code will be the responsibility of the customer. This can be done very simply from the WordPress Dashboard. However, it is advised to perform a backup of all content before doing an upgrade. Plugins and themes need to be updated with caution as sometimes they have had customisations which will be lost upon upgrading. I will be happy to advise accordingly.
3.4 Where I have agreed to perform updates to the WordPress code, themes and plugins I will perform such updates at my discretion and when such updates will not cause further issues or introduce new security concerns.
3.5 I cannot take responsibility for any copyright infringements caused by materials submitted by the client and reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. I also reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
3.6 Any additions to briefs provided will be carried out at my discretion and where no charge is made for such additions, I accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
3.7 The client agrees to make available as soon as is reasonably possible to myself all materials required to complete the site to the agreed standard and within the set deadline. I will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
3.8 I will not be liable or become involved in any disputes between the site owner and other third parties and cannot be held responsible for any wrongdoing on the part of a site owner e.g. disputes re content/images that have been provided to me for inclusion on the site. I will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
3.9 I will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
3.10 Where applications or sites are developed on servers not recommended by myself, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed.
3.11 The client is expected to fully test any application or programming relating to a site developed by myself before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, I will endeavour (but not obliged) to correct these issues to meet the standards of function outlined in the brief
3.12 I will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the following web browsers: Microsoft Internet Explorer Version 10 and above, Firefox and other Mozilla browsers, Safari and Chrome. I can offer no guarantees of correct functionality with all browser software and when a newer browser software is subsequently released.
4. Website Hosting
4.1 Whilst I can recommend hosting providers, no guarantees can be made as to the availability or interruption of this service and I cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
5. Website Optimisation
5.1 Where Search Engine Optimisation is required, I will apply industry-standard techniques to optimise your website for search engine results. However, due to external factors, such as changes to the way search engines rank websites, there can never be any guarantees regarding the position that your website will achieve. I cannot accept liablility for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
6. Backups
6.1 Whilst most hosting providers provide some form of automated backup procedure (please check with your own hosting provider accordingly), it is ultimately your own responsibility to perform suitable backups to ensure that you can restore your website should any automated backups not be available. I cannot be held liable for any loss of data due to missing, incomplete or corrupted backups. I will be happy to discuss various backup strategies with you.
6.2 If using WMCHosts for hosting a website, every effort has been made to ensure the daily, weekly and monthly backup process is as robust and reliable as possible. It utilises the standard cPanel backup software (cpbackup), Amazon S3 storage and a well regarded Amazon S3 command line tool (http://s3tools.org/s3cmd). HOWEVER, please note that I cannot provide any guarantee or warranty as to the reliability, integrity and availability of backups should they ever be required for restoration. At regular intervals it may be wise to check the integrity of backups by doing a test restore – I will be happy to advise and assist in such matters.
7. Payment
7.1 Any deposits, stage payments or final balance will have been detailed in the email quote.
7.2 Unless agreed otherwise, upon receipt of invoice, payment will be within 7 days.
DISCLAIMER OF WARRANTY
DUNCAN ARROW LIMITED’S SERVICES INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. DUNCAN ARROW LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DUNCAN ARROW LIMITED SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DUNCAN ARROW LIMITED BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL DUNCAN ARROW LIMITED CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED POUNDS (100 POUNDS).
