TargetEye Web Design - Terms And Conditions
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Introduction
This Agreement constitutes the entire agreement between the Customer and TargetEye Web Design, the Customer accepts, and agrees to be bound by, this Agreement.
Agreement to Terms and Conditions
This Agreement takes effect on the date on which the Customer first uses the services provided by TargetEye Web Design or when the Customer pays for their services, whichever is the earliest.
Hosting and e-mail services
1] TargetEye Web Design may not always monitor the contents of the Customer's pages. Files that the Customer uploads to their web pages are subject to withdrawal without notice by TargetEye Web Design upon complaint about their content.
2] Where applicable the customer agrees to keep secure their TargetEye Web Design identification, password and other confidential information relating to their account, if they have been supplied with such information.
3] TargetEye Web Design will ensure that adequate backups are kept for all web sites hosted by TargetEye. We use one of the largest and most reliable ISP providers available to the UK market (123 Reg - as part of PIPEX DSL) but we cannot be held responsible for temporary glitches in the service provided by them.
4] TargetEye Web Design will invoice the customer for any hosting renewal fees as and when they become applicable. The customer must pay these fees to avoid interruption to the service.
5] Renewal Fees will, where applicable and wherever possible - be kept to a minimum but will have to be met in order to guarantee continuous service
6] TargetEye Web Design cannot guarantee and do not accept responsibility for lost email, online orders, bookings, and so forth from their web site.
7) From time to time, Targeteye may utilize the services of third party providers of certain services in order to complete a project to the client's satisfaction. Whilst every effort is made by us to ensure the third party that we use is of an adequate professional ability, we cannot offer any guarantee in respect of work carried out by any third party and the client agrees that targeteye cannot be held responsible by any third party acting in such capacity for any losses or damages resulting from their work, regardless of how they came to be instructed.
Design Services
1] No money is due from the client until the website has been completed.
2] TargetEye Web Design will always work with the client in ascertaining your needs with regards to design content and layout, where this is unclear TargetEye Web Design reserve the right to use our judgment in the interpretation of the design of Internet pages in relation to the material that we receive from the User.
3] TargetEye reserve the right to decline to act for the client - without having to provide a reason. Similarly, Targeteye can decline to complete a website - prior to completion.
4] TargetEye Web Design will suggest and work towards suitable time scales for site completion however we will not be held liable for missed deadlines where it is deemed out of our control.
5] At the point where agreement is reached as to site content and the client is happy with the website produced - TargetEye will produce an invoice which will be reflective of the work taken to produce the website. Once the invoice has been agreed, we will ask the client to remit payment to us through a secure internet payment link. The website will be published live within 3 working days. If the client chooses not to settle the invoice then no contract will exist between TargetEye and the client. Monthly deals are payable 12 months in advance.
6] TargetEye Web Design make every effort to check a site once it is completed but cannot be held responsible for errors found after a site has gone live.
We will, however, do our best to rectify any problems.
Domain Names
1] TargetEye Web Design shall not be liable for any loss, claim, lost revenue, or otherwise be accountable, should we be unable to process the requested domain name. Should we be unable to process a domain name registration request we will provide an alternative domain name.
If a domain name is required by the client in advance of the completion of our website then the client will be liable for the full cost of domain name purchase - in advance, regardless of whether they contract with TargetEye for website design.
2] TargetEye Web Design shall accept no responsibility for the loss of domain name(s) due to the customers failure to respond to our notification of renewal or failure to pay invoices for renew.
3] TargetEye Web Design reserves the right to withhold or prevent the release of domain name(s) should the client default on their account. All services remain under the control of TargetEye Web Design until the account is paid in full.
4] TargetEye Web Design will impose a charge £50.00 to release a domain name to another IPS tag.
Consequential Loss
1] Targeteye Web Design will not be liable for any losses, damages or expenses of any nature arising as a consequence of this website.
Responsibility of Client.
1] The client agrees that Targeteye - whilst providing them with a service, are free from and held harmless by the client against all liabilities, damages, expenses, losses whether consequential or otherwise arising from the client's business activities. Targeteye are a service provider and make no warranties or guarantees in respect of the client's business.
2] The client agrees that the information contained within their website is accurate and not misleading to the viewer
Maintenance
1] If the site requires maintenance then the charges for providing this service will be clearly explained in our invoice prior to agreement by the client as to whether they wish to contract with TargetEye.
2] Maintenance may be cancelled at any time by the customer allowing 3 months prior notice.
3] Maintenance includes monthly submission to search engines, small textual changes to the customers web site, on line statistics generated week by week, help and support.
4] Maintenance costs are negotiable depending upon requirements and size of site.
5] While TargetEye Web Design strive to provide a comprehensive Internet marketing service we cannot guarantee that every Search Engine will index or list the web pages or web sites that are submitted to them by TargetEye Web Design.
Termination
1] TargetEye Web Design expressly reserves the right to terminate or suspend the Customer's account without prior notice should the Customer fail to comply with these Terms and Conditions or fail to pay an invoice in full as in the stated payment terms as displayed on the invoice. The Customer will not be entitled to any compensation whatsoever in the circumstances of termination and TargetEye Web Design will not be liable for any consequential loss whatsoever in relation to termination of the Customer's account in any circumstances.
Charges
1] The Customer agrees to pay all charges for their use of services at the prices agreed and set in the contract.
2] All web pages, scripts, databases, graphics or other digital products created by TargetEye Web Design remain the property of TargetEye Web Design until payment for such products is received in full.
3] Payment terms are strictly within 28 days except payments for web design to be taken as per instructions laid out within the design services invoice or written quotation.
4] TargetEye Web Design will invoice the customer for any domain name and hosting renewal fees as and when they become applicable.
5) Payment processing outlets are entirely independent of Targeteye and usually charge for their services on a fixed monthly or yearly cost basis or as a small percentage of each transaction processed.
Any such third party fees will be for the account of party entering into contract with Targeteye for Website Design Services
Exclusion of Warranties and Limitation of Liability
TargetEye Web Design will at all times use its best endeavours to attempt to maintain an uninterrupted and error-free service, however TargetEye Web Design make no representations or warranties regarding the services provided by them and do not warrant that use of TargetEye Web Designs services will be uninterrupted or error-free.
Force Majeure
TargetEye Web Design shall not be liable for any breach of this Agreement caused by Act of God insurrection or civil disorder, war or military operations, national or local emergency acts or omissions off Government or other competent authority, industrial disputes of any kind (whether involving the Service Provider's employees or contractors), fire, lightning explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies from whom TargetEye Web Design is not responsible or any other case whether similar of dissimilar outside the control of TargetEye Web Design.
