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Terms and Conditions
GoWebPrint.com is a trading name of GoWebPrint Ltd. ("GWP") Registered in England No. 5119586. Registered office: 40 Wood Street, Wakefield, WF1 2HB. VAT Registration No. 842 9205 27. Prices are correct as at 25/04/07 and are subject to change without notice.
- Web Design / Hosting
- GWP work to a written brief, which is approved by you before any work on the project commences.
- Amendments to the original brief must be made in writing. Within 3 working days of receiving these amendments, GWP will supply you with confirmation of the alterations to the brief as well as any revision of fees and time scales. Client sign-off is required before work begins on the amendments.
- GWP provides you with the opportunity to test and proofread the site during and after development. Client sign-off and final payment is required before the site is uploaded to GWP's production server.
- You accept full responsibility of all content and images on your website and you will not infringe or misappropriate the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities.
- GWP reserves the right to refuse to develop or host any website at its discretion.
- Written quotations are provided free of charge and these represent the price for which you will be invoiced on completion of the job, except in cases where amendments have been made to the original brief.
- The quotation will summarise the brief as well as the content to be provided by you. It will also indicate the time required for completion. Once you have accepted the quotation, written confirmation is required before work on the brief begins. Once the brief is complete this must be signed off before development can commence.
- Extent of Obligation
- GWP cannot be held responsible for information which is displayed upon your websites. However, if it is brought to our attention that material of an inappropriate nature is being displayed on a website hosted by GWP, GWP reserves the right to suspend service until such data has been removed. Service will be permanently withdrawn in the case of repeated offences or if corrective measures are not taken.
- You agree that you will not supply GWP with copyrighted material without authorisation, or supply obscene or offensive material.
- GWP operates a fair usage policy and reserve the right to charge for bandwidth or cancel the hosting of your website if it is taking up excessive amounts of bandwidth or affecting the service that GWP is able to provide to its other customers.
- GWP cannot accept responsibility for interruption of service nor does it accept liability for any loss of services, sales or other loss directly or indirectly linked to the website.
- GWP reserves the right to cancel accounts if GWP deems that its services are being used inappropriately in breach of the law of England and Wales, as well as its standard terms and conditions.
- Where GWP supplies a specific package to you the website must be hosted by GWP.
- If at any time after having been supplied with a specific package you wish to move the website either because you require the website to be burned onto CD Rom format or alternatively because you wish to install the website onto your own Server such services will be subject to a variable charge to be determined unilaterally by GWP payment of which must be made prior to any transfer to your website.
- Should you experience any problems with your website, GWP will aim to solve them as soon as possible. However GWP cannot be held responsible for any losses caused wholly or in part by the failure or misuse of your website.
- GWP reserves the right to terminate your account if you are found to be sending unsolicited emails (spam).
- As the customer, you will indemnify GWP against all claims, costs and expenses which GWP may incur and which arise, directly or indirectly from your breach of this Agreement. This shall include any claims brought against GWP alleging that any services provided in accordance with the written brief infringes a patent, copyright, trademark or trade secret or other similar right of a third party.
- Domain Name Registration
- GWP registers Domain Names on behalf of its customers.
- Where the above applies, the customer has full responsibility for the renewal of the Domain Name.
- Where GWP registers a Domain Name on your behalf:
- The contract is between you and the appropriate Naming Authority, where GWP is acting as your Agent.
- You are bound by the terms and conditions of the Naming Agent.
- GWP cannot guarantee that you will be able to register your requested name and, until you have received confirmation of registration, you cannot assume that the registration has been effected.
- GWP gives no warranty that the Internet Domain Name will not infringe any third party and you will indemnify GWP in respect of any such infringements.
- Information stored by GWP is collected through the order process and stored in accordance with the Data Protection Act 1988.
- GWP may use customer information for marketing purposes. If you do not wish your information to be used in this way, please contact GWP in writing.
- GWP will not disclose customers' details for use by third parties.
- GWP aims to provide its products and services to the highest standard of delivery.
- If you are dissatisfied with any aspect of GWP's service, please contact a Director. All complaints are dealt with swiftly and in confidence. In accordance with its complaints procedure, GWP aims to acknowledge receipt of any complaint within 5 working days of receipt and this will outline the steps to be taken to resolve the matter and give an indication of the period of time required in which to carry out such action.
- A deposit of 50% is required to commence with any job over the value of £500. Any products with a lesser value require full payment on order.
- The remaining balance plus any amendments or additional service fees are required before the website is uploaded to GWP's production server.
- Payment should be made by cheque, credit or debit card. The Company accepts Visa, Mastercard, Switch, cash and bank transfers.
- All credit card transactions through the internet are encrypted via a 128 bit secure server.
- Additional charges will be made for any additional website support, upgrades or developments that are required as a result of alterations requested by the customer.
- After the launch period (10 working days) has passed, all support telephone calls, technical support and support incidents will be chargeable at our standard rate (£60 per hour) with a minimum chargeable time of 10 minutes per incident.
- Any additional functionality, upgrades or further developments will be estimated separately.
You have the right to cancel your order within 7 working days. Cancellation may be given verbally but should be confirmed in writing within 7 working days. Payment for work and services provided will be deducted from any deposit at the rate of £65 per hour.
All incoming and outgoing emails, files and disks will be scanned for viruses. GWP will not open unsolicited attachments to emails or emails with no accompanying message. GWP accepts no responsibility for viruses transferred via any website.
- Intellectual Property
Unless otherwise acknowledged in writing, GWP retains all proprietary and other Intellectual Property rights in its brochures, marketing and websites.
Customers are not permitted to, or attempt to, re-sell GWP websites (in full or part thereof) or services without advance written confirmation from GWP.
GWP's website contains links to other sites which may be of interest to you. However GWP does not endorse, nor is it responsible for, the content of any of these websites and the views contained therein are not necessarily the views of GWP.
- Force Majeure
- Neither you nor GWP shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances which are outside its reasonable control. The party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
- The party affected shall use all reasonable endeavours to minimise the effects of any such Force Majeure.
- Similarly the party affected shall not be released by reason of Force Majeure from any obligation to indemnify or make any payment due hereunder.
GWP shall not be liable for any loss of business, profits or other loss arising from its provision of services or suspension of services where GWP has not been paid by you. Any claim made against GWP by you shall be limited to the fees paid by you for the work to which the claim relates.
GWP may vary the terms of this Agreement provided that you are not prejudiced as a result thereof. GWP will provide at least 14 working days notice of any variation.
- You will not assign your rights under any contract with GWP without the express permission in writing by GWP.
- GWP will not assign, sub-contract or sub-let any contract with you or part thereof at any time.
- If you, being an individual make any formal or informal arrangement with creditors or become bankrupt or, being a company, go into liquidation, administration or administrative receivership or have a winding-up petition presented or have a receiver of any of your assets appointed or cease or threaten to cease carrying on business GWP shall be entitled to cancel any outstanding contract or suspend further deliveries without liability to you and if goods have been delivered or services rendered and not paid for the full price shall become immediately due.
- If you, being an individual, or company begin any formal or informal legal proceedings against GWP, it's directors or employees GWP shall be entitled to cancel any outstanding contract or suspend further deliveries without liability to you and if goods have been delivered or services rendered and not paid for the full price shall become immediately due.
- Similarly if you commit any breach of this Agreement or these terms and conditions this Agreement shall be terminated forthwith save that GWP shall be entitled to immediate payment for any outstanding unpaid order.
No indulgence shown by GWP to you shall prevent GWP subsequently insisting upon its rights and remedies under these Terms and Conditions and/or under any Agreement arising therefrom.
Any notice given pursuant to this Agreement shall be in writing and may be served by personal delivery, electronic mail, facsimile transmission, pre-paid recorded delivery or registered post to the addressee at its registered office for the time being and shall be deemed to have been received:- in the case of personal delivery, facsimile transmission or electronic mail at the time of delivery or sending as appropriate; in the case of recorded delivery or registered post, 48 hours from the time of posting.
- These Terms and Conditions constitute the entire Agreement between the parties with respect to the subject matter of this Agreement and supersede and extinguish any representations and understandings previously given or made, other than those contained herein, and no variation shall be effected unless contained in a written document which is dated and refers to this Agreement and its date, identifies the clause or clauses which are to be varied and has been signed by a GWP Director and countersigned by an authorised representative of you.
- Headings in this Agreement are inserted for convenience only and shall not affect the interpretation of any of its provisions.
- This Agreement shall be construed and governed in all respects in accordance with the laws of England and any disputes or differences shall be subject to the exclusive jurisdiction of the English Courts.
- If any provision of these Terms and Conditions is held by the English Courts to be invalid or unenforceable in whole or in part the validity of the remaining conditions shall not be affected.
- Pursuant to Section 1(2)a of the Contracts (Right of Third Parties) Act 1999 none of these terms and conditions may be enforced by a Third Party.