GreenSmurf Web Designs

Terms & Conditions.

Our intention is to provide an honest and professional service to our clients, for this reason we publish our terms and conditions on the internet. It is assumed that the client has read and accepted these terms & conditions when the client instructs GreenSmurf Web Designs to commence work. Therefore it is the clients responsibility to make sure they understand these terms and conditions before instructing us. If any aspect of these terms is unclear, please contact us for explanation.

We take our customer service standards very seriously and we will deal with all enquiries promptly. Usually within 1 working day. Our aim is to exceed customers expectations.

Definitions.

Any reference to "we" or "us" or "our" refers to GreenSmurf Web Designs.
Any reference to "you" or "your" refers to our Client.
Any reference to "hosting" refers to your contract with us to host your website.

Your contract.

Your contract with us is binding.

The website design contract commences on the date that you made the verbal agreement with us or signed your client instruction form.

Your hosting contract commences on the date that your website is first published on the internet (not necessarily the same date as the website completion) and due for renewal annually on this date. Payment for the hosting agreement becomes payable on the date that the hosting contract commences and must be paid within 28 days.

Invoices and Quotations.

All invoices will be based on a quotation which has been agreed by GreenSmurf Web Designs and the client.

Quotations are valid for 30 days - we reserve the right to increase rates after this period.

The quotation is subject to amendment if you later request significant alterations or require additional work.

The invoice will be issued on completion of the work. Completion of the work is the date when all content supplied by the client has been converted into web pages. The website will be available for public viewing on the Internet on payment of this invoice.

Non-hosted website work.

Our general terms and conditions relate to work on websites hosted by GreenSmurf Web Designs (which applies to the majority of our clients).
Where we undertake work for any client who has their website hosted elsewhere then our payment terms are as follows:

An estimate will be provided in advance of any work being undertaken.
Once the estimate has been agreed, a working copy of the clients website will be taken.
All changes will be made to the working copy hosted under a temporary domain name.
The client will be kept informed of progress and any variations to the original estimate.
Once the changes are complete an invoice for the full amount will be issued.
Full payment will be required prior to uploading of the completed work to the client server.

Client responsibilities.

The website will become your image to the outside world. It will communicate your ideas to your potential and existing customers & clients. It is important that you:

Communicate your ideas to us clearly, concisely and in a timely manner.
Produce initial information to be included on the website.
Proof-read each web page as it is completed.

In the event that we are prevented from progressing with the creation of the website because we are waiting on responses from you, we reserve the right to impose a daily 'waiting charge' (see other charges).

Cancellation policy (website design).

In the event that a client accepts a quotation/estimate, and within 7 days decides not to proceed with the website design, then a cancellation charge (see other charges) will be incurred (provided that work has not yet commenced on the website design). This charge covers consultation time/fees and web hosting setup costs.

In the event that a client cancels after 7 days, or if work has commenced on the website design, the full cost of the quotation is payable (subject to pro-rata adjustment dependant on how much of the website has been completed) plus the cost of the 1 year hosting package and any domain name registration fees.

Curtailment of a website design agreement.

It is usual for us to be able to complete a website within a reasonable amount of time after a client accepts a quotation. If the client is unable to provide information to enable us to complete the website within a reasonable amount of time, then we reserve the right to impose the following charges:

In the event that a client accepts a quotation/estimate, and within 6 months has not provided sufficient information to commence work on the website, then a curtailment charge (see other charges) will be incurred (provided that work has not yet commenced on the website design, or only minimal work has been instigated). This charge covers consultation time/fees and web hosting setup costs.
In the event that a client accepts a quotation/estimate, and within 6 months has not provided sufficient information to complete work on the website which has already been started, then the full cost of the quotation will be invoiced, and is due for immediate payment, (although this may be subject to pro-rata adjustment dependant on how much of the website has been completed) plus the cost of the 1 year hosting package and any domain name registration charges.

In the event that a curtailment invoice is issued then we reserve the right to issue a new quotation before proceeding with any further work on the website. Payment received against curtailment invoices may be taken into account against future invoices but the decision of GreenSmurf Web Designs on this matter will be final.

Hosting.

The Hosting charges are payable annually in advance.

The standard hosting package does not allow clients update access to the website. If update access is required please make this clear at the time of the initial consultation.

Hosting with client access (via FTP).

We will provide the client with an FTP address, username and password in order to access the website. It is the client's responsibility to provide any software to allow FTP access to that site. Any support needed configuring such software can be provided, but will be charged at the current consultation rate.

It is the responsibility of the client to keep the FTP username and password secure. This information may only be passed to third parties with permission from us.

It is the clients responsibility to provide any software required to edit the HTML code. Any support needed configuring such software can be provided, but will be charged at the current consultation rate.

The client accepts all responsibility for any changes made and any errors or corruptions created as a result of these changes. If assistance is required "repairing" the website, this will be charged at the current consultation rate.

Back-ups of the website are the clients responsibility. We can only provide a back-up of the website as it was at the initial completion date at an additional cost.

The client agrees to maintain the total disk space occupied by the website to below the agreed level. All superfluous files including photographs should be removed. Failure to maintain the space occupied to below the agreed level may result in the suspension of website hosting. If additional disk space is required, please ask for a revised hosting quote.

Hosting Renewal.

An invoice inviting the client to renew the hosting policy will be sent 28 days before the hosting contract expires. Failure to pay before the expiration date will result in the suspension of the website on the internet until full payment is received. Please allow 5 working days for cheques to clear.

Cancellation Hosting.

The hosting contract maybe cancelled at any time with 28 days notice. However no refund of the annual hosting charges paid can be made. We can transfer your website to a different hosting supplier at any time provided your account is fully-paid up to the end of the hosting contract. We hope that you won't have any need to move away from us and that you would discuss any concerns with us before looking for alternative hosting arrangements. If at any time in the future you should choose not to renew your contract with us, please tell us why ... we would genuinely like to know.

Non-payment, or late-payment of accounts.

We are a small company and are not able to withstand delays to payments. Our low charges to you are only possible if we can maintain a balanced cash-flow.

All invoices and accounts issued by us are due for payment within 28 days, unless otherwise agreed in writing.

We reserve the right to:

make administration charges for any overdue accounts. An administration charge will automatically be levied for each reminder letter where an account is in arrears.
demand full and immediate payment of fees to the end of the 1 year contract period.
suspend a website if the hosting account, or any invoice due to GreenSmurf Web Designs, is in arrears.
make an additional daily charge for any accounts not settled on time. This is equivalent to 10% above Bank of England Base Rate.
take legal proceedings to recover any unpaid debts and to recover out-of-pocket expenses incurred through these proceedings.

Domain names.

We will usually register .co.uk domain names unless you specifically request a different domain name suffix.
The domain name registration period for .co.uk domains runs for two years from the date of registration. After this time period has lapsed registration renewal may be made upon receipt of payment of renewal fees.
Other charges and renewal periods apply to other types of domain name.

Multiple domain names maybe registered. Multiple domains can be associated with the same website (known as parking) or forwarded to the primary domain. Additional fees are chargeable. (See other charges).

All domains that we register are registered in our name and are administered by GreenSmurf Web Designs.

Until we receive confirmation of registration we cannot guarantee that the domain name requested will be available for registration.

By requesting us to register a domain name our client is responsible for ensuring that its use (directly or indirectly), does not infringe the legal rights of any third party.

All websites hosted by us require that the domain name is administered by GreenSmurf Web Designs. Previously registered must have the administration rights transferred to us.

Any domain names registered by us on behalf of the client maybe transferred to the client on payment of the Domain Name Transfer Out fee. (See other charges).

Email addresses.

The email address supplied must be associated with the clients primary domain name. The prefix is the choice of the client. For example: your-choice@your-domain-name.co.uk

The supplied email account can only be accessed using an email client such as Outlook or Outlook Express. We will supply you with all the information necessary to allow access to the email. If required we can, free of charge, provide written instructions to configure the email for Outlook or Outlook Express on your computer. Any telephone support maybe subject to a consultation fee.

The email account has limited storage space on the remote server. If this limit is reached no further email will be received. For this reason it is strongly advised that email is not stored indefinitely on the remote server. Email maybe stored indefinitely on your home computer.

Search engine submissions.

We will submit your website to a number of search engines. However it can take anything up to several months for your website to appear in the search results, this is normal. We can not guarantee top level rankings for your website for every search. However, all our websites are designed with search engine optimization in mind and we will use our knowledge and experience to gain the best results possible.

Unlimited use policy.

We offer an effective unlimited use of website policy. In the extremely unlikely event that a customer uses server resources to such an extent that he or she may jeopardise server performance and resources for other customers, we reserve the right to suspend or terminate the hosting facility.

Improper content.

We will not knowingly permit the use of any illegal or inappropriate material in a website designed or hosted by us.

Illegal Material: this includes (but is not restricted to) copyrighted works, commercial audio, video, or music files and any material in violation of any Federal, State or Local regulation.

Inappropriate Material: this includes (but is not restricted to) all adult content including pornography or otherwise lewd or obscene material.

Copyright, Trademarks and Company Names.

We will usually place a copyright statement at the bottom of each webpage. To avoid any confusion, you the client are the publisher of the website and own the copyright for all content published in your website and we the designer are acting on your instructions in adding content to your website.

By asking us to add material into your website you acknowledge that you have copyright of that material, or permission to use the material.

It is the clients responsibility to fully research their company name and any content, logos or trademarks, etc., used in the website.

The client also agrees as part of our terms and conditions to absolve & indemnify GreenSmurf Web Designs of any liability in the use of any such content in the clients website, and to assume full responsibility for any violations and legal actions which may arise at any time in the future.

Hyperlinks.
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We may choose to list (or de-list) your website on our commissions page and also to place a hyperlink on our website to link to your website. This has positive benefits for your website since it increases the link connectivity which can improve recognition and rankings with the search engines. If you prefer not to be shown on the commissions page you may inform us by e-mail.

We will place a small link to the GreenSmurf Web Designs website on the bottom of each page of your website.

Amendments, updates and alterations to the website.

When we design your website, we hope that it will be the start of a long-term business relationship. For a period of 30 days after the website completion date we will make any minor alterations and corrections free of charge.

On rare occasions we may make alterations to your website without informing you, these would only be minor technical changes which would not affect the material content of the website.

We will help you to improve or alter your website at any time in the future. Usually the least expensive way to look at alterations is by paying our hourly rate.

Under our fully managed package (Package 1), all changes to the website must be made through GreenSmurf Web Designs. No update access is allowed under any circumstance.

Under our Client update package (Package 2), we can not be liable for any changes which you make to the website (which could result in accidental corruption of the source files). Back-ups of the website are the clients responsibility. We can only provide a back-up of the website as it was at the initial completion date at an additional cost. Any repairs made made GreenSmurf web designs will be chargeable at our hourly rate.

Our service.

We will provide you with a first-class service to produce your website, but we cannot be held liable for events or their consequences outside of our control e.g. the hosting package is provided by a third-party. However, we will endeavour to sort out any problems promptly, should they occur. We guarantee that all our clients are treated consistently, efficiently and fairly.

Complaints.

In the unlikely event that you should have cause for complaint please contact Helen Greensmith in writing at GreenSmurf Web Designs, Ebenezer Cottage, Lapford, Devon, EX17 6PZ or by email to info@greensmurf.co.uk

Being a small business we strive to develop a good rapport with our clients and it is unlikely that a situation will develop where you feel it necessary to complain. However, our policy is to ensure that all complaints are dealt with quickly and we aim to ensure that our clients feel that they have received good service at all times.

In the unlikely event that we are unable to provide a satisfactory response to your complaint then we would welcome the intervention of a mutually acceptable independent mediator or other third party able to provide professional impartial advice, after being given 7 days notice of such involvement.

Limit of liability.

The content of your website is your responsibility and GreenSmurf Web Designs are not liable for any claims made against you arising from the content of your website.

GreenSmurf Web Designs can not accept any liability for websites hosted outside our control i.e. our liability ceases if we cease to arrange the hosting of your website.

Privacy policy and confidentiality

To communicate with you and to provide content in your website, we require your name, address, phone number and e-mail address. We use this information to design and build your website and to contact you.

If we need to contact you, we will contact you via e-mail or telephone first. We will write to you if e-mail or telephone are unsuccessful.

Any information provided by you will be used for GreenSmurf Web Designs purposes only.

However, GreenSmurf Web Designs will display your contact information on your website. It is your decision to decide whether all information is displayed on your website or if some contact details are omitted. It is your responsibility to proof-read the website content to ensure that correct and appropriate details are displayed.

Your information will not be shared with individuals or other companies (such as direct mail organisations or other third parties) unless required by law.

We do our best to maintain the accuracy of any personal information you do supply to us. You can help us update and maintain the accuracy of any personal information you supply by informing us of any changes to your name, address, e-mail address, telephone numbers, etc..

VAT.

We are not registered for VAT. This means that no VAT is payable on any of our charges and we are not able to issue VAT receipts.

Previous versions.

We reserve the right to change these terms and conditions at any time in the future to meet the requirements of current business practices & legislation.

The Terms and Conditions applicable at any particular time will be displayed on the website. Please ensure that you refer to the website if you have any queries concerning current Terms & Conditions.

This version of the terms and conditions supersede all previous versions.