SA1WEB Terms and Conditions
By placing an order with SA1WEB, you confirm that
you are in agreement with and bound by the terms and conditions
below.
Definitions:
The Client : The company or individual requesting the services of
SA1WEB.
SA1WEB: Primary designer/site owner & employees
or affiliates.
General
SA1WEB will carry out work only where an agreement is provided either
by email, telephone, mail or fax. SA1WEB will carry out work only
for clients who are 18 years of age or above. An 'order' is deemed
to be a written or verbal contract between SA1WEB and the client,
this includes telephone and email agreements.
Website Design
Whilst every endeavor will be made to ensure that the website and
any scripts or programs are free of errors, SA1WEB cannot accept
responsibility for any losses incurred due to malfunction, the website
or any part of it.
The website, graphics and any programming code remain
the property of SA1WEB until all outstanding accounts are paid in
full.
Any scripts, cgi applications, php scripts, or software
(unless specifically agreed) written by SA1WEB remain the copyright
of SA1WEB and may only be commercially reproduced or resold with
the permission of SA1WEB.
SA1WEB cannot take responsibility for any copyright
infringements caused by materials submitted by the client. We reserve
the right to refuse any material of a copyrighted nature unless
adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at
the discretion of SA1WEB and where no charge is made by SA1WEB for
such additions, SA1WEB accept no responsibility to ensure such additions
are error free and reserve the right to charge an according amount
for any correction to these or further additions.
The client agrees to make available as soon as is
reasonably possible to SA1WEB all materials required to complete
the site to the agreed standard and within the set deadline.
SA1WEB will not be liable for costs incurred, compensation
or loss of earnings due to the failure to meet agreed deadlines.
SA1WEB will not be liable or become involved in any
disputes between the site owner and their clients and cannot be
held responsible for any wrongdoing on the part of a site owner.
SA1WEB will not be liable for any costs incurred,
compensation or loss of earnings due to the work carried out on
behalf of the client or any of the clients appointed agents.
SA1WEB will not be liable for any costs incurred,
compensation or loss of earnings due to the unavailability of the
site, its servers, software or any material provided by its agents.
Once a website has been designed and completed the
final balance of payment is then due in accordance with our payment
terms. There are no exceptions to this, i.e If the client decides
they no longer want the site, as they have commissioned the work
and paid a deposit they are still obliged to pay for the work that
has been done. Non payment will result in legal action being taken
if necessary.
Database, Application and E-Commerce Development
SA1WEB cannot take responsibility for any losses incurred by the
use of any software created for the client. Whilst every care has
been taken to ensure products are problem free and accurate, the
ultimate responsibility lies with the client in ensuring that all
software is functioning correctly before use.
Any scripts, cgi applications or software (unless
specifically agreed) written by SA1WEB remain the copyright of SA1WEB
and may only be commercially reproduced or resold with the permission
of SA1WEB.
Where applications or sites are developed on servers
not recommended by SA1WEB, the client is expected to provide or
seek any information,additional software,support or co-operation
pertaining to the server required in order for the application to
be correctly developed. Where large applications are to be developed,
it is the clients responsibility to provide a suitable testing environment
which is identical to the final production environment.
The client is expected to test fully any application
or programming relating to a site developed by SA1WEB before being
made generally available for use. Where "bugs", errors
or other issues are found after the site is live, SA1WEB will endeavor
(but is not obliged to) to correct these issues to meet the standards
of function outlined in the brief
Compatibility
SA1WEB will endeavor to ensure that any developed/designed site
or application will function correctly on the server it is initially
installed in and that it will function correctly when viewed with
the web browsing software Microsoft Internet Explorer Version 6
and to an acceptable level with Mozilla browsers. SA1WEB can offer
no guarantees of correct function with all browser software.
Website Hosting
Whilst SA1WEB recommends hosting companies to host websites, no
guarantees can be made as to the availability or interruption of
this service by SA1WEB cannot accept liability for losses caused
by the unavailability, malfunction or interruption of this service,
or for loss of turnover, sales, revenue, profits or indirect, consequential
or special loss.
SA1WEB reserve the right to refuse to handle in any
way, material which may be deemed offensive, illegal or in any way
controversial, and also to terminate the free hosting service should
the necessity arise.
Payment of Accounts
A deposit is required from any new client before any work is carried
out. It is the SA1WEB policy that any outstanding accounts for work
carried out by SA1WEB or its affiliates are required to be paid
in full, no later than 30 days from the date of the invoice unless
by prior arrangement with SA1WEB.
Once a deposit is paid and work completed you are
obliged to pay the balance of payment in full. We will contact clients
via email and telephone to remind them of such payments if they
are not received when due.
If accounts are not settled or SA1WEB have not been
contacted regarding the delay, access to the related website may
be denied and web pages removed, we will then pass such cases to
the Small Claims Court to pursue payment, non payment can result
in county court judgements (ccj's) being added to the clients credit
rating.
Following consistent non payment of an invoice
our Solicitors will contact the client in question, with a view
to taking the matter further and if need be to seek payment through
legal procedures, and if necessary court summons.
Acceptable use policy
This policy is subject to change, so please check regularly for
updates. This policy is in addition to SA1WEB Terms and Conditions.
1) Web hosting
1.1) SA1WEB reserves the right to suspend or cancel
a customer's access to any or all services provided by SA1WEB,
where SA1WEB decides that the account has been inappropriately
used. SA1WEB reserves the right to refuse service and/or access
to its servers to anyone.
1.2) SA1WEB offer unlimited web space and bandwidth
with some account types. By this, we mean unlimited space for legitimate
web site content and bandwidth for visitors to view it. All files
on a domain must be part of the active website and linked to the
site. Sites should not contain any backups, downloads, or other
non-web based content. We will treat all password protected archive
(e.g. zip and rar) files as unacceptable. Multimedia content such
as audio and video is acceptable provided it is streamed to the
user, links to HTTP download of this content is not acceptable.
SA1WEB offers a streaming media service for this type of content.
1.3) Scripts on the site must be designed to produce
web-based content, and not to use the server as an application server.
Using the server to generate large volumes of email from a database
is an example of activity that is not allowed. Scripts should not
attempt to manipulate the timeouts on servers. These are set at
the present values to ensure the reliability of the server. Sites
that reset these do so because they are resource intensive, and
adversely affect server performance and are therefore not allowed.
1.4) SA1WEB will disable any domain that fails
to adhere to the following criteria as soon as we are made aware,
in line with current working practices:
1.4.1) The primary purpose of any site must be to
provide web-based content to viewers. Files on the site must be
linked to the web site.
1.4.2) The primary purpose of any script must be to
produce a web page. Scripts that send a single email based upon
user entered information, or update a database are acceptable. Scripts
that send bulk email or perform processor intensive database processes
are not allowed. All outgoing mail is monitored and filtered and
must be sent to or from a SA1WEB-hosted domain.
1.4.3) Sites must not contain Warez, copyright or
other illegal material. The onus is on you the customer to prove
that you own the rights to publish material, not for SA1WEB to
prove that you do not.
1.4.4) Sites must not contain pornographic or other
lewd material. Adult Material includes all pornography, erotic images,
or otherwise lewd or obscene content. The designation of "adult
material" is left entirely to the discretion of SA1WEB.
1.4.5) Sites must not use excessive amounts of server
resources. These include bandwidth, processor utilization and /
or disk space.
1.4.6) Sites must not contain scripts that attempt
to access privileged server resources, or other sites on the same
server.
2) Email
2.1) If SA1WEB identify a mailbox or domain that
is causing problems; we will either remove the offending mailboxes
or change their settings to resolve the issue. In extreme cases,
we will disable email or suspend all services to the domain as appropriate.
2.2) Common issues that cause problems are:
2.2.1) Where a mailbox receives large volumes of undeliverable
email.
2.2.2) Where mailboxes have forwarders set to other
mailboxes where mail cannot be delivered.
2.2.3) Where mailboxes have forwarders and/or auto-responders
that generate circular mail loops.
2.3) You may not use SA1WEB email services for
any of the following:
2.3.4) To send messages or communications, which are
unsolicited, offensive, abusive, indecent or obscene.
2.3.5) To send messages causing annoyance, inconvenience
or anxiety to another user of the Internet.
2.3.6) To send messages for the purpose of Fraud and
/or with the intention of committing a criminal offence.
2.4) To prevent the sending of bulk unsolicited mail,
SMTP traffic to and from a server will be blocked in the following
scenarios:
2.4.1) Where we identify a server that has an open
mail relay.
2.4.2) Where a significant volume of mail is sent
from a domain in a defined timescale.
2.4.3) Where we have received significant volumes
of complaints concerning unsolicited mail originating from a SA1WEB
hosted domain.
2.5) To prevent SA1WEB' IP Addresses being blocked
by IP Address blocking, a domain held on SA1WEB servers may be
disabled:
2.5.1) Where we have received significant volumes
of complaints concerning unsolicited mail originating from or unsolicited
email being sent to promote sites being hosted on a SA1WEB server
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