I Hussey Website Design Whitley Bay

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Terms and conditions

  • Web Design
  • Hosting and Domain Names
  • Web Site Usage & Privacy

These terms and conditions are a necessary part of any transaction between I Hussey and clients. Please read the terms and conditions carefully. I reserve the right to update these terms and conditions at any time without prior notice. This page will always display the latest version of my terms this version was last updated on 14th January 2009.

Web Design Services Terms and Conditions

The following terms and conditions apply to all web site design services offered by I Hussey. Through out these terms I will refer to, ‘suppliers’ these will be additional entities involved in the website development such as graphic designers, programmers or network security specialists. Any suppliers used on a project will be clearly stated in the web design specification. By ordering services from I Hussey you are agreeing to the following terms and conditions.

  1. I reserve the right to refuse to construct a web site which I may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
  2. The acceptance of a commission shall be deemed as a contractual agreement between the client and I Hussey and suppliers and agreement to the terms and conditions herein.
  3. All commissions as defined by I Hussey require a payment of 50% of the full charge due prior to starting work on a project. The balance of 50% will be due the time of launch, as defined in the project proposal. Variation in payment terms can be made by I Hussey on certain occasions all variations will be clearly stated in the quotation.
  4. I Hussey and suppliers cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence. Delivery schedules for work where required will be defined in the specification for the commission but I Hussey accepts no responsibility for delays caused by suppliers or contributors including, but not limited to, contributions that are to be made by the client. If a delivery schedule is not explicitly stated in the specification then I Hussey will deliver the commissioned body of work within a reasonable time according to the amount of work necessary to complete the commission.
  5. I Hussey will produce a detailed proposal and specification for the commission in collaboration with the client. When engaging the services of I Hussey the proposal and specification is deemed to be the full body of work to be completed. If, following approval of the specification and during the Website Development Cycle the client wishes to make changes to the specified work then I Hussey will produce a revised quotation that defines any extra charges to be incurred. Acceptance of this further quotation will be taken as agreement to commission a separate body of work from that defined in the original proposal and will not super cede or cancel the original agreement except when explicitly stated.
  6. All material, both text and images, supplied by the client will remain the client’s property. The client is responsible for securing all necessary licenses or permissions for content that is supplied to I Hussey. All such material supplied by the client will be assumed to be the property of the client and therefore free to use in any development without fear of breach of copyright laws.
  7. The copyright for all material provided by I Hussey and suppliers, such as code, graphics, photographs, images and text, will remain the property of I Hussey and suppliers until such time as payment has been made in full where upon they will become the property of the client.
  8. I Hussey and suppliers makes every effort to design the pages which display acceptably in standards compliant browsers to the standard moderated by the World Wide Web Consortium automatic validation tools for XHTML and their variants, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
  9. If a client wishes I Hussey and suppliers to promote a web site as a separate commission, I Hussey will make every reasonable effort to promote the website effectively but cannot guarantee high placing in search engine results.
  10. I Hussey can accept no responsibility or liability if any search engine, online directory or search site does not index the web site fully or display the web site in search results.
  11. I Hussey will initially place the client’s website on test server during the Website Development Cycle so that the client may view the website’s progress. When both I Hussey and suppliers and the client agree that the website meets the criteria agreed during the commissioning process, I Hussey and suppliers will invoice the client for the full amount due for the commission. On receipt of payment, I Hussey will publish the website on the client’s server, or provide the source code for the site via a download (or cd-rom disk) for the client to upload.
  12. If at any point during the Website Development Cycle a client wishes to cancel, they may do so but will be invoiced an amount that I Hussey and suppliers in it’s sole judgment deems to be appropriate for the amount of work completed on the commission up to the point of cancellation. I Hussey and suppliers will make every reasonable effort to supply the work done to the point of cancellation immediately following receipt of all outstanding payments. I Hussey will charge a reasonable fee for any extra time spent in transferring the work already completed to the client or any person or persons nominated by the client and include these in a final invoice prior to transfer of files. I Hussey will not be liable for support or further services to the client or their nominees unless arranged by agreement.
  13. If, during the Website Development Cycle, the client does not supply the content required in order to complete the commission within a reasonable amount of time (14 days), I Hussey and suppliers will consider that the client wishes to cancel the commission. Paragraph 12 will then apply.
  14. All invoices are due by return within a maximum of 14 days unless stated otherwise.
  15. Quotations for services will be valid for one calendar month from the date of invoice. The cost of goods and materials may fluctuate to reflect any changes imposed by our suppliers. All quotations are for the full amount as I Hussey does not charge VAT.
  16. Any payment returned by the bank or credit card company will incur a £60 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the client.
  17. Any late payments made in relation to amounts owing to I Hussey and suppliers that are received outside the 14 day invoicing period will be subject to an administration fee of £60 in respect of each reminder letter or email sent. In addition interest at 12% per annum will be added. If any additional administration work or outside agency is used in collecting the debt then these costs will be added to the account.
  18. I Hussey and suppliers does not undertake to maintain or update a client’s website as part of the design commission. If a client wishes I Hussey and suppliers to maintain or update a web site as a separate commission, I Hussey and suppliers will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.
  19. I Hussey and suppliers reserves the right to alter prices at any time without notice. If a client has commissioned any services from I Hussey and suppliers prior to a change in prices that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
  20. By agreeing to these terms and conditions your statutory rights are not affected.

ACCEPTANCE OF AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

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Hosting and Domain Registration Terms and Conditions

The following terms and conditions apply to all hosting and domain services offered by I Hussey and suppliers. I reserve the right to update these terms and conditions with prior notice at any time. By ordering services from I Hussey and suppliers you are agreeing to the following terms and conditions.

  1. Web hosting with I Hussey will be placed on shared web servers operated and maintained by Heart Internet.
  2. Anyone who purchases web space from I Hussey is responsible for the content held in that allocated space. This includes obtaining legal permission for that content and ensuring that the content or any other actions they take in regard to their domain does not violate UK or international law or the terms and conditions of our suppliers or partners (available on request).
  3. I reserve the right to suspend your hosting services or to remove any material that is deemed inappropriate or that is not within statutory requirements from your pages, without prior notice.
  4. You may not exceed your allocated server space at any time without permission from I Hussey.
  5. You must not participate in any form of unsolicited bulk emailing or Spam.
  6. I reserve the right to cancel an account at any time, without prior notice.
  7. You are responsible for backing up any data that you put on our servers. I can not be held responsible for the loss of any data.
  8. Renewal: Hosting services are automatically renewed annually. It is the client’s responsibility to cancel hosting in writing before the renewal date (one year from inital order or purchase and annually on that date in subsequent years).
  9. When any account is closed, all files for that account will be deleted.
  10. Bandwidth: I specify unlimited bandwidth or traffic on the understanding that such an offer is undertaken by you in good faith. If your bandwidth reaches a point where it has an adverse effect on our other clients, then I reserve the right to notify you and make reasonable requests for extra monies or disable your site until the problem is overcome.
  11. Domain Names: Anyone applying to register a domain name must also comply with the terms and conditions of the registration organisation for that country’s domain as detailed below:
  12. Domain registration fees are non-refundable if the domain specified proves to be unobtainable - an alternative domain is then chosen.
  13. If domain names are registered prior to payment, the domain remains the property of I Hussey and suppliers until such time as any fees are paid. You, the client, may have full use of that domain name within the payment period specified in the invoice but we reserve the right to withdraw use of any domain name until the fees associated with it have been paid. Unless you specifically request otherwise your name will appear as the registrant. The address will be shown as I Hussey the registered address of I Hussey web design. Where certificates of ownership are issued by registration authorities they will be held at the registered address of I Hussey and will be supplied on receipt of a SAE.
  14. Changing the registrant of a domain once it has been registered will attract a one off administrative charge. This charge varies depending on type of domain and is available on application.
  15. Any goods supplied will remain the property of I Hussey or partners until full payment for the above services have been received. I Hussey or partners will be allowed full access to recover such goods if there is a default in payment.
  16. Quotations for services will be valid for one calendar month from the date of invoice. The cost of goods and materials may fluctuate to reflect any changes imposed by our suppliers. All quotations are for the full amount as I don’t charge VAT.
  17. A complete backup must be done by you, the client, immediately prior to any work commencing. Without this I Hussey and suppliers will not be able to guarantee to completely restore the system and data after the work is done.
  18. Email: Unless explicitly stated otherwise, email services are provided on any domain hosted by I Hussey. It is the client’s sole responsibility to manage email accounts, passwords and all other matters relating to email accounts on your domain using the control panel provided for this purpose.
  19. Where there are failures beyond our control with regard to web, e-mail or domain name hosting services offered, I Hussey and supplier’s guarantees to make arrangements for a customer’s web pages, e-mail services and domain name to be transferred. It must however be noted that there may be a small delay in the transfer and there may be additional charges to pay.
  20. Privacy and Passwords: Any account names and passwords allocated must not be divulged to any third parties and you should take reasonable action to ensure that it is not discovered or passed on to other persons.
  21. If you believe that your account details are know by others; then you should notify I Hussey immediately and request to have them changed.
  22. Any information you submit to I Hussey and suppliers is protected under our privacy statement and will be treated with the same care as we treat our own.
  23. Payment: Settlement of all invoices are due within 14 days of date of invoice.
  24. Customer’s own conditions of purchase or buyer’s standard conditions of purchase shall not apply unless accepted in writing, in advance.
  25. Warrantees Disclaimer: You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an “as is,” “as available” basis. I expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. I make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

ACCEPTANCE OF AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

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Web Site Use Terms and Conditions

Copyright

All text, images and information is © Copyright I Hussey unless explicitly stated otherwise. All other materials including images and text may not be used without my express permission.

Privacy Statement

Personal Information

No personal information is automatically collected from you by this web site. Any information sent to us is treated with the same respect I treat our own. No information is disseminated or distributed in any form to any 3rd parties without the prior consent of the individual it concerns.

Cookies

Cookies are small files stored on your computer that can remember certain individual settings you use on a specific website. No personal information is stored or retained by us on any of our web site visitors.

ACCEPTANCE OF AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

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