Terms and Conditions
for the Supply of Web Design and Associated Family History
Research
Services
(Subject to Change without
notice. For latest version please refer to this page)
By using the Services of
Fathers Footsteps the Customer agrees to be bound
by these Terms and Conditions.
The provisions of these
Terms and Conditions are not meant to be exhaustive.
Generally, conduct that violates law, regulation or
the accepted norms of the Internet community, whether
or not expressly mentioned in this Document, is prohibited.
Fathers Footsteps reserves the right at all times
to prohibit activities that damage its commercial reputation
and goodwill.
The following incorporating
any addendum attached constitutes the Terms and Conditions
under which Fathers Footsteps Trades and supplies it’s
services and related products. These conditions, in
conjunction with the details as shown on Fathers Footsteps
Proposal/Order Form represent the totality of the agreement
and form the contract between Fathers Footsteps and
it’s Customer.
Any agreed variation or
alteration to part of these Terms and Conditions as
annexed to this contract will not invalidate the remainder
or the whole. Any alteration or addition to the supplies
instructed on the order form will require a new order.
Fathers Footsteps is entitled to suspend services if
the Customer does not adhere to any or several of the
conditions in this contract.
These terms and conditions
are subject to the Laws of England and Wales and the
Customer hereby submits to the exclusive jurisdiction
of the English and Welsh Courts
Definitions
In this contract the following
terms shall have the respective meanings assigned to
them (words in the plural include the singular and vice
versa, and words in the masculine gender imply the feminine
gender and vice versa.)
1. “Fathers Footsteps”
means Fathers Footsteps . trading as Fathers Footsteps, Shrewsbury
SY3 6WY. .
2. “Customer” means a person with whom Fathers Footsteps
makes this contract and is identified with his authorised
signature on the Order Form as a party to this contract.
Fathers Footsteps shall be entitled to rely upon the
signature of a person reasonably appearing to Fathers
Footsteps to act with the Customer’s authority.
3. “End User” means the person, company or organisation
authorised to access the Service.
4. “Contract”
means the contract between Fathers Footsteps and the
Customer incorporating these conditions and Fathers
Footsteps charges for the provision of its services.
5. “Fathers Footsteps Service” means any services and
facilities provided by Fathers Footsteps for the Customer
in connection with the service and as included in Fathers
Footsteps’s charges.
6. “Fathers Footsteps Charges”
means the charges as agreed on the Order Form and Fathers
Footsteps’s latest prices for products and services
requested or incurred during the contract period.
7. “Site” means the premises or location at which the
service is or is to be provided under the contract.
Provision of Service
1. Having received a detailed
scope of requirements from the Customer, Fathers Footsteps
will produce a quotation relative to the aforementioned
scope, detailing the design work to be carried out.
The Customer must provide confirmation that the quotation
is acceptable. Should this scope change during the course
of the project Fathers Footsteps will require
the Customer to notify the changes in writing, in order
that additional fees may be calculated. Once agreed,
this scope will form the basis of the contract.
2. This agreement constitutes the entire agreement between
Fathers Footsteps and the Customer.
3. Fathers
Footsteps will produce and publish, at a temporary
Web Address, a design proof for the Customer's approval.
The design copyright of the proof shall remain the sole
property of Fathers Footsteps . Use of the design in
any respect without the express written permission of
Fathers Footsteps will constitute breach of copyright.
4. Fathers Footsteps will undertake the design
of the Customer's Web Site upon written receipt from
the Customer of confirmation that the design proof is
satisfactory.
5. Upon receipt of such confirmation
any further modifications to the design specification
will be considered an amendment to the contract. All
modifications must be confirmed in writing and will
be quoted for additionally.
6. Customer's logos,
artwork, graphics and photographs remain the Copyright
of the Customer. Design, graphics and programming produced
by Fathers Footsteps remain the intellectual property
of Fathers Footsteps unless otherwise agreed.
Copyright of any programming scripts, including but
not limited to CGI, PHP or Java Scripts within the Web
Site will remain the property of Fathers Footsteps and
shall not be modified or reused without the express
permission of Fathers Footsteps .
7. Should the
Customer fail to deliver required information to Fathers
Footsteps within any agreed schedule, Fathers
Footsteps reserves the right to invoice and be
paid for 50% of the original contract price.
8.
Once the Customer approves the completed design of the
site, (graphical representation, colour scheme, page
layout i.e. frames, font choice, menu system and functionality)
that approval is final. The approval must be confirmed
in writing. Fathers Footsteps will not continue
any further development until such approval has been
received. Subsequent changes, post approval, are subject
to Fathers Footsteps agreed rate, in addition
to the original quotation supplied.
9. Should any
formal deadlines, agreed between Fathers Footsteps and
the customer, not be achieved due to any additional
work requested by the customer or for any other reason,
Fathers Footsteps cannot be held liable for any
costs incurred by the Customer.
10. Fathers Footsteps
will use reasonable endeavours to ensure a prompt and
continuing service but will not be liable for any loss
of data resulting from delays, non-deliveries, or service
interruptions caused by circumstances beyond the direct
control of Fathers Footsteps, or by errors or omissions
of the Customer. Fathers Footsteps specifically excludes
any condition of warranty as to the accuracy of third
party information received through the Service.
11. Fathers Footsteps will not be held liable for indirect,
economic or consequential loss whatsoever.
12. The
liability of Fathers Footsteps in contract or in connection
with the supply of the Service shall be limited in respect
of any one event or a series of two or more connected
events to the value of the domain name(s).
13. The
contract period shall be for the whole term of fees
paid by the Customer until the expiry of the valid domain
name period usually two years from the date of registration.
14. From time to time parts of the Fathers Footsteps
network may be taken off-line for repair or routine
maintenance. Fathers Footsteps will endeavour to give
as much notice as possible but will not be held liable
for any unscheduled downfall in the Network due to extraneous
conditions including but not limited to Act of God,
inclement weather, act of telephone or Governmental
organisations or power failure.
Fathers Footsteps
will use all reasonable endeavours to adhere to any
dates proposed by either Fathers Footsteps or the Customer
for the provision of Service, however any such date
is to be treated as an estimate only and Fathers Footsteps
accepts no liability for failure to meet such dates.
15. Fathers Footsteps will use all reasonable endeavours
to provide quality Service, however it is not practicable
to provide such a Service free of faults and Fathers
Footsteps does not undertake to do so. In the event
of a fault in Service, the Customer must report the
fault by telephone telefax or electronic mail to Fathers
Footsteps’s Technical Support at the appropriate numbers
or addresses or other such numbers or addressees that
Fathers Footsteps may from time to time provide. Upon
receipt of the fault report, Fathers Footsteps will
take all proper steps without undue delay to correct
the fault.
16. Fathers Footsteps may temporarily
suspend for the purpose of repair, maintenance or improvement,
part or all of Fathers Footsteps’s Network. Any such
downtime must have been agreed in writing prior to commencement
of work.
17. Fathers Footsteps may give or update
instructions regarding the use of the Service, which
in Fathers Footsteps’s reasonable opinion is necessary
in the interests of safety, or to maintain or improve
the quality of Service to Fathers Footsteps’s Customers.
Any such instructions shall whilst they are in force,
be deemed to form part of this contract.
18. Fathers
Footsteps is not liable for any shortfall in performance
expectations that the Customer may have. By signing
the order form associated with this contract the Customer
indemnifies Fathers Footsteps against any claim by a
third party relating to any transaction for a service
or product that the Customer may have provided via the
web site.
Domain Name
1. Fathers Footsteps will
register a domain to an individual and/or company on
a per domain basis and the individual or company is
granted exclusive use of this domain so long as all
fees are paid and the balance of any accounts are kept
up to date.
2. By registering a name you agree to
keep Fathers Footsteps and its associated companies
and its Directors fully and effectively indemnified
at all times against action brought about by any person,
persons or company against you in using the name. You
will assume liability and costs for any such action
and release Fathers Footsteps and its associated companies
should any such situation arise.
3. Any registered
domain can be used for any legal, decent and honest
use on the Internet and must not breach any UK laws.
The name cannot be used for any immoral or pornographic
use. The registrant agrees to have read and accepted
the terms and conditions of the appropriate domain registry
before ordering a domain name for registration by Fathers
Footsteps.
4. Fathers Footsteps shall not be liable
for indirect, incidental or consequential damages, including
loss of income, data, or information in any event by
use of the Service.
5. Fathers Footsteps reserves
the right not to register or assign any domain name
for whatever reason.
6. Fathers Footsteps reserves
the right to delete or suspend any domain name if payments
have been defaulted upon and may at its discretion levy
administration charges in re-establishing any domain
or service thereof.
7. Fathers Footsteps reserves
the right to vary the rate charged for domain name registrations
and renewals and/or modify the services offered providing
at least 28 days notice via its website of any cost
or service changes.
Fathers Footsteps , for the
Customer, shall process registration of Internet domain
names. Fathers Footsteps will be the point of
contact for each domain.
8. Fathers Footsteps shall
not be liable to the customer for any direct, indirect
or consequential loss, damage cost or expense including
without limitation any loss of profit, business or anticipated
savings suffered by customer on account of a failure
to obtain or loss of a domain name
9. The registration
of a domain name does not confer any legal rights to
a name or its use and any disputes between the Customer
and a third party are to be settled using normal legal
methods. The Customer agrees that Fathers Footsteps
will not be drawn into any such argument or dispute
in any circumstances unless otherwise agreed by the
parties in writing signed by an officer of Fathers Footsteps
10. If the Customer wishes to transfer the domain
to another provider before the contract period is over,
the Customer must give 3 months notice to Fathers Footsteps
. An administrative charge of £50 + VAT at the
current rate may apply for transferring a domain name.
11. All email addresses attached to the Customers
domain name will be routed to the mail address or addresses
provided by the Customer.
Hosting
1. Fathers
Footsteps will not actively monitor, censor, or
directly control any content that is displayed on or
collected by the Customer's web site, and is transmitted
or stored in e-mail message.
2. Fathers Footsteps
will make reasonable endeavours to ensure that
the services provided are continuous, but because the
Services are provided by means of computer and telecommunication
systems Fathers Footsteps makes no warranties
or representations that any Service will be uninterrupted
or error-free.
3. In no event will Fathers Footsteps
be liable to the customer for any indirect or
consequential loss or damage whatever (without limitation
for example loss of business, loss of opportunity, loss
of profits) including as a result of disclosure of the
Customer's password(s) or Security Phrase
Invoicing, Payment and Tender
Validity
1. All prices
quoted are subject to VAT at the standard UK rate.
2. Customers may
be invoiced at the discretion of Webs-for-Business Ltd. The Customer authorises
Webs-for-Business Ltd to take up credit references for the purpose of
determining credit worthiness.
3. Normal payment
terms for website design and development is:
· 25% with order
· 50% on final design submission
· balance on final design acceptance.
4. Payment shall
be made in UK Pounds Sterling to Webs-for-Business Ltd. Payments are due within
28 days of presentation of invoice. If due to bank charges, transfer fees, or
the like, Webs-for-Business Ltd should receive less than its invoice amount,
Webs-for-Business Ltd will re-invoice the Customer for the shortfall. In the
event that any amount remains unpaid fourteen days after payment due date,
Webs-for-Business Ltd reserves the rights to discontinue, withhold, or suspend
services to the Customer to whom such unpaid amounts relate.
5. In accordance
with The Late Payment of Commercial Debts Act 1998 interest will be charged on
all payments received outside of payment terms at the rate of 2% above Lloyds
TSB Bank plc base rate. All charges incurred by Webs-for-Business Ltd due to
late payment or cheques that require representing or fees required to recover
debts will be passed onto the Customer.
6. Tenders and
Quotes are valid for 30 days from the date of the Tender or Quote. All prices
quoted may be subject to change without notice after this period.
7. Once
Webs-for-Business Ltd has undertaken a commission for services, a cancellation
fee of 50% of the total quotation will apply if the contract is terminated
through no fault of Webs-for-Business Ltd.
8. Web Site code
and graphics will not be released to the Customer until payment is received in
full.
9.
Breach of Terms and Conditions by customers shall lead to
termination of Service with no entitlement to refund.
10. All fees paid
are non-refundable and once registered, domain names cannot be changed in their
name or extension without the costs due in the registration of a new name with
the appropriate registry costs.
11. Webs-for-Business
may elect to suspend or terminate the Service immediately on any default of
payment by the Customer.
12. Webs-for-Business
Ltd will only release the site in its' entirety upon payment of the final
invoice.
13. Any further
modifications to the Web Site will be chargeable under separate terms.
Termination
of Service
1. The Customer has the
right to withdraw from or cancel their Service Agreement
with Fathers Footsteps within the first 72hrs of any
new agreement. Any domain transfers should be made in
writing via email only and no refunds will be due for
domain registrations.
2. In such instance where
Service includes a minimum term then after the expiry
of the minimum term either party on giving at least
90 days notice to the other may terminate this contract.
3. If Fathers Footsteps gives notice to the Customer,
the Customer shall pay all fixed charges deemed outstanding
and all recurring charges up to the expiry of the notice.
4. If the Customer gives notice, the Customer shall
pay all fixed charges deemed outstanding and all recurring
charges until the 90 days after the date Fathers Footsteps
receives the notice or until expiry of the notice, whichever
is the later. The Customer’s notice does not avoid any
other liability for service already provided.
5.
In the event of a customer wishing to transfer the IPS
tag relating to their domain name to another Internet
Service Provider (ISP), a small transfer charge equal
to the current annual hosting charge will become payable.
6. If the Customer:
a) fails to pay all or part
of any Charges or;
b) is the subject of bankruptcy
or insolvency proceedings;
c) fails to comply with
any part of this or any other contract with Fathers
Footsteps:
Fathers Footsteps may (without
prejudice to any other right or remedy): (a) suspend
the Customers access to the Service whilst the Customer
continues to pay any outstanding Charges or; (b) after
giving written notice, terminate the contract between
the Customer and Fathers Footsteps. In the case of 6.
(b) any unused portion of the Charges will not be returned.
Giving Notice
Notices given under this
contract must be delivered by hand or sent by prepaid
post as follows:
1. To Fathers Footsteps:
The address shown on the Order Form, which leads to
the making of this contract or on the last bill or any
alternative address, which Fathers Footsteps notifies
the Customer at any time.
2. To the Customer: The
address to which from time to time the Customer asks
Fathers Footsteps to send bills, the address of the
Customer’s premises, or if the Customer is a limited
company, the registered office.
Copyright, Patents,
Trade Marks and Intellectual Property Rights
1. The Customer acknowledges
that rights in respect of trademarks, trade names, copyrights,
patents and other intellectual property rights connected
with the Service and Equipment do not pass to the Customer.
2. The Customer and Fathers Footsteps mutually agree
to indemnify the other against all liabilities, costs
and expenses which may be incurred as a result of work
done in accordance with the Customer’s specifications
which involve infringement of any patent or other proprietary
right.
Liabilities and Disclaimers
1. The Customer shall acknowledge
that he/she will only use the Service for lawful purposes.
The Customer shall not use the Service to receive or
transmit material which is in violation of any law or
regulation, which is obscene, threatening, menacing,
offensive, defamatory, in breach of confidence, in breach
of any intellectual property (including any trade mark
or Copyright). This extends to violations due to any
spamming and or bulk email activity for which Fathers
Footsteps can and will follow up in the Courts of Law.
2. The Customer shall take reasonable precaution to
prevent the reception and transmission of viruses to
the Fathers Footsteps Network and beyond and shall not
attempt any intentional and malicious damage to the
Fathers Footsteps Network or use the Service to affect
other computers.
3. It is the Customer's responsibility
to keep all user names and passwords secure and not
let third parties knowledge or access to them or to
store them on any computer in plain text or in a format
that is easily accessible.
4. The Customer hereby
indemnifies Fathers Footsteps or its trading concerns
against any action taken by a third party resulting
from the Customer's use of the Service.
5. The Customer
shall notify Fathers Footsteps of any action taken against
them by a third party and will not hold Fathers Footsteps
liable for any resulting costs.
6. The Customer
acknowledges that Fathers Footsteps cannot exercise
control over the content of information passed across
the Internet and via the Service.
7. The Customer
agrees to conform to the acceptable policies of connecting
to other Networks or computers across the Internet.
Fathers Footsteps reserves the right to do normal system
housekeeping such as creating back-ups AND do not accept
responsibility for ensuring back up works though - your
data security is your own problem.
8. If Fathers
Footsteps suspect Illegal Activity, we may notify the
authorities and reserve the right to do anything on
the system which out lawyers advise us to do in the
protection of the system.
9. Each respective Registry
(ie Nominet, InterNic etc...) will notify the legal
registrant of the disputed domain(s) of their position
and liaise with all parties in dispute as determined
by their respective terms and conditions of service
provision. Fathers Footsteps cannot enter into any direct
involvement with the resolution of any dispute other
than inform and relay to its client any information
supplied by the appropriate Registry as we have no ultimate
control over of any domain assigned by any Registry.
10. In performing any obligation under the contract,
Fathers Footsteps’s duty is only to exercise the reasonable
care and skill of a competent web designer and Internet
service provider.
11. The Customer acknowledges
that Fathers Footsteps has no control over the information
transmitted via the Service and that Fathers Footsteps
does not examine the use to which the Customer put the
Service or the nature of the information they are sending
or receiving save as provided herein. Fathers Footsteps
hereby excludes all liability of any kind for the transmission
or reception of information of whatever nature.
12. Fathers Footsteps undertakes no liability whatsoever
for the acts or omissions of other providers of telecommunication
service or for faults in or failures of their apparatus.
13. Fathers Footsteps is not liable in contract or otherwise
for loss whether direct or indirect of business, revenue
or profits, anticipated savings or wasted expenditure,
corruption or destruction of data or any indirect or
consequential loss whatsoever.
14. Fathers Footsteps
makes no warranty as regards to the Service or Equipment
and will not be responsible for any damage allegedly
suffered or claimed by the Customer for any reason including
but not limited to loss of data, wrong or non deliveries
and service interruptions.
15. The Customer is hiring
Fathers Footsteps to design and create a World
Wide Web site (a "SITE") and to install the
SITE on server space on an Internet Service Provider's
(an "ISP") computer. The Customer may not
hold Fathers Footsteps responsible for failings
of the ISP, of any telecommunications carrier, of the
Internet backbone, of any Internet servers, of the Customer's
computers, or of the Customers' Internet software.
16. Search Engine entry and ranking cannot be guaranteed,
as this remains the sole discretion of the 3rd party
Search Engine provider.
17. Fathers Footsteps accepts
no liability for compatibility issues with code or any
errors, omissions or failings of software code produced
across different software or hardware platforms (although
Fathers Footsteps will endeavour to rectify any
such problFathers Footsteps).
18. Fathers Footsteps
accepts no liability for any loss of domain names
or usernames and passwords registered for the Customer
or transferred in or out for the Customer.
19. Fathers
Footsteps accepts no liability for any late delivery
of a Web Site.
20. If third parties fail to deliver
services/programming or information or hardware, Fathers
Footsteps reserves the right to adjust the initial
quotation to accommodate any additional costs incurred.
21. Fathers Footsteps reserves the right to refuse
any order in full or in part without explanation. All
orders are accepted subject to approval of content.
22. Fathers Footsteps will not accept websites,
e-commerce or other projects where content is of defamatory,
pornographic or illegal nature.
23. Fathers Footsteps
reserves the right to incorporate it's digital
media logo linking to it's own website in all sites
designed for any Customer.
24. In the event of any
part of this agreement being held inapplicable or unreasonable,
the remainder of the agreement shall remain in full
force and any clause held inapplicable or unreasonable
shall be enforced to the fullest extent possible.
25. Fathers Footsteps undertakes no liability whatsoever
for the accuracy or inaccuracy of any information contained
within or obtained through any of its Services.
26. Fathers Footsteps reserves the right, upon reasonable
notice, to modify these terms and conditions by publishing
the amended service contract on the Service.
Force
Majeure
1. Fathers Footsteps shall
not be held liable for any breach of this contract caused
by circumstances beyond its reasonable control.
2. In the event of war, proclamation of emergency or
act of God, Fathers Footsteps reserves the right to
cease Service to the Subscriber with immediate effect.
|
Terms
and Conditions.
