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Terms & Conditions |
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- Definitions
- WebLink4u Limited is registered in England and Wales, Company Registration No 3974643. The registered address is: 7 Plas Y Fedwen, Coed Y Cwm, Pontypridd, CF37 3EX, UK.
- WebLink4u Limited will hereinafter be referred to as
WebLink4u or the Company.
- Client means any individual, firm, business undertaking, or
company that purchases goods, products or services from
WebLink4u.
- Supplier means any individual, firm, business undertaking, or
company that supplies goods, products or services to
WebLink4u.
- Contract is the relationship that exists when a Client requests
the supply of goods, products or services from WebLink4u.
- Spam means the forwarding by Email or other electronic
means any form of unsolicited or unrequested, spurious
advertising material or bulk mailing of any type of unrequested
and unwanted data.
- Terms means these Terms & Conditions, a copy of which is
posted on the WebLink4u website (located at
http://www.weblink4u.co.uk), and a printed copy will be made
available on request.
- Law: All contracts are subject to English Law administered in the English or Welsh Courts.
- Terms & Conditions
- These Terms shall apply to all contracts for the sale and
supply of goods, products or services from WebLink4u to
Clients to the exclusion of all other terms and conditions
except where alternative terms and conditions have been
agreed in writing between WebLink4u and the Client.
- Clients who request goods, products or services from
WebLink4u by any means whatsoever - online order form,
telephone, fax, letter, email, or any other means - will be
deemed to have accepted and agreed to these Terms.
- WebLink4u reserve the right to amend, update or change
these Terms at any time without prior notice.
- WebLink4u does not support the use of SPAM or any conduct
which could be considered offensive, illegal or contrary to the
spirit and protocols of the Internet. Websites which support
pornography, adult or sex-related material, warez, illegal MP3
trading or IRC Bots are not permitted. Offending Websites will
be:
- closed down immediately they are discovered,
- all web
pages, files and contents of the Website will be instantly
deleted, and
- the account will be cancelled without refund of
any fees which may have been paid in advance by the client.
- Clients must not use their Website Hosting or Email facilities provided by WebLink4u or its Suppliers to promote and spread computer viruses or engage in
hacking or any type of anti-social, disruptive or unlawful
behaviour or conduct. Offending websites will be closed down
immediately they are discovered, as per the preceding item above.
- Exclusions
- WebLink4u does not provide any form of training or instruction in website design, HTML or other scripting languages, server or hosting management, email usage, software installation or usage, hardware installation or usage, PC repairs or maintenance, programming, search engine optimisation or any other computer or internet related activities.
- Domain Name Registration and Ownership
- WebLink4u will attempt to register the Domain-Name requested
by a Client with the appropriate registration authority, subject
to:
- the domain name requested actually being available to register and not already registered to another party**,
- the domain name being acceptable to the registration authority and not infringing their rules,
- the domain name not being crude, offensive or indecent,
- all fees and charges for this service being paid in advance.
Once the registration process has started it cannot be reversed, so clients must ensure the accuracy of the Domain-Name requested. WebLink4u cannot accept any responsibility for errors or spelling mistakes contained in the original request from a client, and will register the exact information as supplied or requested. **The WebLink4u website has facilities for checking if some of the more popular domain-types are available to be registered.
- All Domain Names are registered with the client's name (or company name as appropriate) as the owner of the domain, at the address provided by the client.
- Registration and use of a Domain-Name is subject to the
terms and conditions of the relevant registration authority, and
Clients must ensure that they are aware of and abide by such
terms and conditions.
- Given the popularity of Domain-Names and the high volume of registrations handled by the relevant registration authorities, WebLink4u make no representation that the Domain-Name a Client wishes to register is capable of being registered or that
it can be registered in the Client's name. Clients must not
assume that they have the right to use a Domain-Name until
they have been formally advised by WebLink4u that the
registration process has been successful. Any action take by
the client prior to formal notification is at the Client's own risk.
- Once the registration process has been started by WebLink4u, any fees or charges paid by the Client in advance are not refundable except in the following circumstances:-
- If the relevant registration authority refuses to register the
Domain-Name because it already exists or it infringes their registration rules or policy.
- If a Domain-Name registered by WebLink4u does not exactly match one of the Domain-Names requested by the client, as evidenced by the information contained in the Order Form completed and submitted by the client from the WebLink4u website.
- In all other circumstances, fees or charges paid in advance will
not be refunded.
- Clients are reminded that Domain-Names are normally registered for a renewable 2 year period, and failure to renew the registration prior to the appropriate anniversary date could result in the name being registered by a third party.
- Clients who register Domain-Names through WebLink4u will be entitled to free parking of the Domain-Name for as long as is required throughout the registration period and any subsequent renewal periods, and this will include unlimited Web Forwarding facilities on request.
- Subject to all outstanding moneys, fees and debts owing by the client to WebLink4u being paid and cleared, clients can transfer their Domain-Name to a different hosting service or registrar at any time completely free of any transfer charges from WebLink4u, but WebLink4u reserves the right to pass on any fees they may unexpectedly incur during the transfer process. Once transferred, WebLink4u will cease to have any responsibility for the domain name and any ancillary services and facilities which were previously provided, including web or email forwarding, free parking, domain mapping, hosting, web pages, website or secure hosting facilities.
- Website Hosting & Email Addresses
- WebLink4u are shared hosting resellers for WebFusion Ltd and all website hosting is provided exclusively by WebFusion.
- Shared website hosting space is provided by WebLink4u from 100Mb up to a maximum of 3000Mb (3Gb) per Domain-Name, or is included as an integral part of a business or ecommerce package. All fees and charges for this service are payable annually in advance unless otherwise agreed in writing. In the event that such fees and charges are not paid by their due date, WebLink4u reserves the right to close down a client's website without further notice until all outstanding sums have been paid in full by the client.
- Each Domain-Name hosted by WebLink4u will be capable of providing unlimited Email Addresses through a single POP3 Email Box. Additional POP3 boxes are available on request, subject to limitations based on each client's allotted hosting space.
- Special Note 1
Although unlimited email address and POP3 accounts are provided as part of a web hosting or web design package, they can only be used by the client to send and receive email if the client has an appropriate account with an Internet Services Provider (ISP) permitting the receipt and sending of third party email addresses, and that the client's computer equipment, operating system, email software, anti-virus programs and firewalls are also suitable and have been configured correctly to perform this task. It is therefore the sole responsibility of the client to ensure that their ISP, equipment and software are correctly configured to handle POP3 accounts & email addresses, and WebLink4u make no warranty, implied or otherwise, that a client will be able to use email addresses or POP3 accounts that have been provided as part of a WebLink4u web hosting or web design package. - Special Note 2
Although WebLink4u will provide guidance where possible to help clients set up email addresses using one of the following popular email software programs - Outlook Express, Calypso, Courier or PocoMail - the client is solely responsible for ensuring that the email software and email addresses have been correctly installed, configured, and are functioning correctly.
- Each hosted Domain-Name is limited to a maximum of 25Gb Bandwidth (traffic volume) per month. Excess bandwidth used will be charged to clients at the rate of 5p (five pence) per 1Mb in the month following the excess usage.
- With the exception of Websites which have been designed,
developed, controlled and maintained by WebLink4u and where
WebLink4u is acting as the sole Webmaster, "hosting only" clients and client's provided with a CMS, online database or administration centre to update their own websites are wholly
responsible for the content and material used on their Website,
and must ensure that they comply with all relevant UK and
International laws, particularly regarding copyright, trade
marks, libel, confidentiality, decency, and security matters.
- Clients who have direct access to their Website Server
Account must not attempt to abuse this privilege or gain
access to other client's accounts, or attempt to obtain or
interfere with the source code or functionality of the Server in
any way, or make any attempt to use the Server for any
unlawful or illegal purposes or for reasons other than as
intended.
- Clients must not store more data in their Hosting
Account than their allotted and agreed space, and are
responsible for ensuring that their usernames and passwords
are kept safe and secure and not divulged to another person
or third party.
- Clients are responsible for ensuring that they keep a current
backup of their Website and all it's contents, including such
items as web pages, graphics, and databases, and shall not
hold WebLink4u responsible for any loss or damage
howsoever caused.
- Whilst WebLink4u and it's suppliers will make all reasonable
endeavours to have the Server and Services available to
clients, availability of hosting services cannot be guaranteed,
and WebLink4u shall not be held responsible or liable for any
loss or damage caused through the use, misuse, breakdown,
downtime, unavailability, closure or removal of service.
- WebLink4u and its suppliers reserve the right to suspend the
Services at any time and for any reason, generally without
notice. A reason for permanent or prolonged suspension of
the service will be sent to the client's last known Email
Address.
- WebLink4u and its suppliers also reserve the right to temporary suspend or close the service for essential or emergency repairs. Such closures will be kept to the minimum possible time and, for planned maintenance, this will generally be done overnight where possible to keep disruption to a minimum. A reason for permanent or prolonged suspension of the service will be sent to the client's last known Email Address.
- The services provided to a client under a specific Domain-Name, Website Design or Hosting Account are for the specific use of that client, and may not be sold or transferred to a third party. In the event that a business is sold or transferred to another party, the new owners will be required to negotiate their own service contract with WebLink4u.
- Website Design & Development
- WebLink4u will design, build and develop a functional business or ecommerce
website to a client's specific instructions, and will optimise the
website for listing by Search Engines.
- If the web design client has also taken out a WebLink4u Hosting contract, WebLink4u will maintain and support the website for the duration of the hosting period, which is usually 12 months.
- If the web design client is providing his own hosting facilities or using those of another hosting company, WebLink4u will maintain and support the website for a period of 3 months from completion date or longer if agreed between both parties and specified in writing.
- Clients can obtain website maintenance and support in subsequent years by purchasing a Maintenance & Support package from WebLink4u.
- WebLink4u will utilise a variety of scripting languages and facilities to design websites, including HTML, XHTML, CSS, Java Applets, JavaScripts, PHP, MySQL and CGI-Perl scripts. Websites can be framed or unframed depending on the client's instructions.
- If special software is required to develop a catalogue, online shop, shopping basket or any other ecommerce facilities or to provide additional functionality to the website, the client agrees to pay for such software in advance, including covering the cost of any special training fees that may be imposed by the software suppliers as well as shipping, delivery and other ancillary charges.
- If an extensive online catalogue or shopping cart is required involving hundreds or thousands of products, WebLink4u will only be responsible for adding products into the shopping cart by prior agreement and where the client can provide an appropriate and suitable product database or spreadsheet, including graphics, images and photographs.
- Clients are responsible for ensuring that they have the right to publish any data or images furnished by them, and that they are not infringing any copyright or trade mark by authorising such publication.
- Clients are responsible for making their own arrangements in respect of Payment Gateways for Credit Card Merchant or Bureau facilities, although guidance will be provided by WebLink4u if requested. It is important to ensure that the payment facility is compatible with the shopping cart software being used on the site as integration is not always possible. Secure Server (SSL) facilities can be provided as an integral part of a WebLink4u Hosting account for an additional annual charge.
- WebLink4u also provides an automatic Search Engine Submission service at reasonable cost which submits to over 20,000 search engines and related FFA sites worldwide on a monthly basis. All websites designed and built by WebLink4u will be submitted once without charge on completion of the website or for a longer period if specifically agreed in writing.
- Clients are reminded that listing by the major Search Engines is a privilege, not a right, and that no site submission service or anyone else can ever guarantee a listing with any of the Search Engines, let alone provide or guarantee a high profile placing. Some of the major search engines now require payment of a fee to include a website within their directory.
- Clients are required to pay a minimum deposit of £200 or 33.3%, whichever is the greater, prior to new design work being started, which is refundable in the event that the interim site does not meet the client's expectations. The two balancing payments of 33.3% each are due at 30-day intervals thereafter. Non-compliance will result in publication being delayed or temporary closure of the website in all other circumstances, pending the outstanding sum being paid in full.
- Major site upgrades or changes to existing sites may also be subject to a 33.3% deposit prior to commencing any work, with the full balance being due within 30 days of the starting date.
- WebLink4u will retain two current copies of all Websites
designed for clients. One on Hard Disc and the other on CD,
and these will be updated when there are any major changes
to the Website content or design. Clients are responsible for
ensuring that they keep up to date copies of active or dynamic
databases which reflect their online trading activities or
operations.
- WebLink4u retains copyright, publication and distribution rights
for all websites they build, design and develop, and this
extends to all original artwork and graphics.
- Secure Transactions, Fees, Payments, Refunds & Value Added Tax
- Credit Card transactions are 100% handled by PayPal which is recognised worldwide for its security and efficiency, and is multi-bank approved. Under this highly secure system, client's credit card details are declared to PayPal direct, and are never made available to WebLink4u or any other party. Once a payment transaction has been authorised by the client's credit card company, PayPal advise WebLink4u that it is OK to process the order without undue delay.
- Owing to the primarily personal nature of Domain-Names
which are generally closely linked to an individual, business, client or
specific project or undertaking, WebLink4u is unable to
register a Domain-Name without an advance payment in full.
- For the reasons outlined above and the fact that the
majority of Domain-Names cannot normally be resold,
WebLink4u is unable to make a refund for any unwanted
Domain-Names once the registration process has been
implemented, except where the registration is rejected by the
relevant registration authority - see above.
- Web Hosting services are payable annually in advance and
are not refundable.
- Other hosting services and charges including Secure Server
facilities for order processing and manual Merchant credit card transactions, are
payable annually in advance and are not refundable.
- A 33.3% deposit (or minimum of £200, whichever is the greater) is required prior to Website Design and Development work being started, which is refundable in the event that the interim site does not meet the client's expectations - see above. An interim payment of 33.3% is payable and due within 30-days of the deposit payment date, whilst the final payment of 33.3% is payable and due within 60-days of the deposit payment date.
- WebLink4u will not purchase any software, products or engage alternative services or suppliers on behalf of clients. All such additional external work, assistance, training or software must be paid by the client in advance directly to the suppler, unless there is an alternative agreement in writing to the contrary.
- Value Added Tax - VAT - will be applied at the current UK Standard Rate to all goods, products or services invoiced by WebLink4u to clients who are based in the United Kingdom or European Community. Clients from non-UK/EU countries are not liable for VAT and will not incur this charge.
- Updated: 25 May 2008
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