Design and Bespoke Services Terms

Information

 

You ­ (‘Client’)

Halls Hosting/Halls Webcare ­ (Is the companies involved. Halls Group (UK) trading as Halls Webcare and its services)

Invoice/Accounts/Data (‘All Invoices/Accounts/Data are administered by Halls Hosting trading name of Halls Group (UK)’)

 

Acceptance:

 

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions in full and understand them. If there is no special contract in place like a (sponsorship) then this terms apply to you. 

 

Project:

 

The client must give information of what type of website they want and give us the details including images and text of what they want on their website. For an example a client will contact us asking us to build a sports website and gives us text for about us page, pricing for their services and images. It is important you tell us everything you want on your website and the type of website you want. If you don’t this will lead to extra costs to you. If you don’t know what you want, then give us a small idea so we can do some designs for you.

 

Logo:

 

If you want us to make a logo for you then please tell us what your company is and what the logo will be used for, and some rough idea of what you want the design to look like.

We will then send you up to 6 different logo concepts. Once you have agreed on the design of what we have made for you, then you accept that you don’t want any refunds from us and you own the full copyright of that image.

 

Bespoke Services:

 

If you require a bespoke service, then please give us as much detail as you and then we can start working on your bespoke service. Bespoke service could be an invoice software where you can bill your own clients for the services you have done for them. We sometimes use open source software and then adapted it for your needs including the look, function etc. of the software.

 

Charges:

 

Charges for services to be provided by Halls Hosting are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days only. Halls Hosting reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Unless agreed otherwise with the Client, all website design services require an advance payment of the full amount of the project quotation total before the work can start. Payment for services is due by bank transfer, debit or credit card or PayPal.

 

Changes and Extra Work:

 

If the client has forgotten to say something to add to the website that wasn’t in the first quote, then we will add extra costs to the project. If the client doesn’t pay for the extra costs, then we will not do the extra changes.

 

Client Review:

 

Halls Hosting will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved. The client will only get 3 days or 72 hours whichever is greater to review the content. If the client don’t in this time without informing Halls Hosting why we will deem this as acceptance of the website design and content.

 

Turnaround Time and Content Control:

 

Halls Hosting will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Halls Hosting receiving the full payment, unless a delay is specifically requested by the Client and agreed by Halls Hosting In return, the Client agrees to delegate a single individual as a primary contact to aid Halls Hosting with progressing the commission in a satisfactory and expedient manner. During the project, Halls Hosting will require the Client to provide website content; text, images, movies, sound files and information for pages.

 

Failure to provide required website content:

 

Halls Hosting is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. Therefore, we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently. If you agree to provide us with the required information and subsequently fail to do within one week of project commencement, we reserve the right to close the project. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so. NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. You can contact us if you need clarification on this.

 

Payment:

 

Invoices will be provided by Halls Hosting we required the full payment of your project to be paid in advance before we can start working on your project. Failure to pay your invoice we reserve the right to cancel the project and the quote which was sent to you via email. We also reserve the right to add a late fee payment to your invoice which would be no more than 25% of the full project costs.

 

Monthly Payments:

 

We do offer monthly payment options to our clients. There will be an add 40% of overall costs on monthly invoices. For an example the overall project was £120 you would have to pay £14.00 a month. It is cheaper and easier to pay in full. But this option is available to any clients who wants to pay monthly. (Note this is only an estimated price and will not reflect the final cost of your costs. All prices are bespoke.) If you choose to pay monthly, then we will need at least a 35% deposit before the project starts. Please note that Monthly Payments is only for Web Design only. Any other services we offer is excluded from monthly payments.

 

Invoices:

 

All invoices will be administered and sent from Halls Group (UK) which is our parent company.

 

Additional Expenses:

 

Client agrees to reimburse Halls Hosting for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

 

Web Browsers:

 

Halls Hosting makes every effort to ensure websites are designed to be viewed by most visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, Edge etc.). Client agrees that Halls Hosting cannot guarantee correct functionality with all browser software across different operating systems. Halls Hosting cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Halls Hosting reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

 

Termination:

 

Termination of services by the Client must be requested in a letterhead letter and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will be honoured only on letterhead letter. The Client will be invoiced for design work completed to the date of first notice of cancellation. Once you agree for a site to go live on the internet, then you are agreeing that you are fully satisfied with the work and no future refunds can be given for the fees paid. This does include website hosting. Please see under web hosting for termination as well.

 

Indemnity:

 

All Halls Hosting services may be used for lawful purposes only. You agree to indemnify and hold Halls Hosting harmless from any claims resulting from your use of our service that damages you or any other party.

 

Copyright:

 

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Halls Hosting the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Halls Hosting permission and rights for use of the same and agrees to indemnify and hold harmless Halls Hosting from all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Halls Hosting that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Halls Hosting retains the full copyright to the design, source code, images etc of the web design. If the Client wants the full design, source codes, images etc made by Halls Hosting will only be granted if prior write agreement is made by Halls Hosting. Without written agreement from Halls Hosting the ownership of the design and all the code made by Halls Hosting remains the property and copyright of Halls Hosting. We reserve the right to charge you extra to get the source code of our design. If you download or use our design on another website we will take legal action if no written agreement has been made by Halls Hosting. We also reserve the right to hide the source code from being accessed if necessary to protect our copyright and data.  These terms of use grant a non-exclusive limited license so that the Client can use the design on one website on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and Halls Hosting. The Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and Halls Hosting. The Client agrees to abide by the terms of any third-party software or media included within any work done for the Client. Examples of this include, but are not limited to, Google maps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.

 

Standard Media Delivery:

 

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Halls Hosting to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

 

Content Management Systems:

 

All our Web Design is based on WordPress.  WordPress is one of the most advance CMS in the world. We use the based software of WordPress and adapted and make it even better using our own software. Client will have access to the admin part of WordPress but it will be limited access to stop client messing around settings on the website. If the client wants full admin settings then we will be happy to do this, but if you changed the settings on it we are not liable to change them back to make the website work correctly again. WordPress is an open source software which allows companies like ours to adopt and make it more powerful. 

 

Design Credit:

 

A link to Halls Hosting and Halls Webcare will appear in either small writing or by a small graphic logo at the bottom of the Client’s website. We will automatically add this into the quote we have sent you. The writing or logo will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 25% of the total development charges will be applied. The Client also agrees that the website for the Client may be presented in Halls Hosting portfolio. If the Client removes the design credits without informing us, we reserve the right to suspend hosting services until the credit has been re added or the fee nominal fee of 25% has been paid.

 

Post-Placement Alterations:

 

Halls Hosting cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

 

Domain Names:

 

Halls Hosting may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non-or late payment is not the responsibility of Halls Hosting. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. The Client is liable to pay Halls Hosting for any domain name registrations and the initial set-up of the hosting if included as part of the web design build.

 

General:

 

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

 

Governing Law:

 

This Agreement shall be governed by English Law.

 

Moving your website away from us:

 

We don’t like to think of a client leaving us, but if a client should wish to maybe move their website away from us, then we will be happy to assist with this transfer happening. However, we do need to make you aware of the following:

1.     Providing all your account payments are up to date, we will then assist you with a transfer to another web host, or web design company. They will need to contact us directly, so we can make sure the transfer completes without any unnecessary disruptions.

2.     ONLY your website files and associated files that make the website work on internet will be transferred. Any work-up files, ORIGINAL images created by ourselves, help files or other non-essential file, program or software/script will not be transferred to your new provider or source code without agreement (see under copyright)

3.     If your website employs the use of a database then only the database content will be transferred. It will be up to your new supplier to provide the necessary database systems to import the data to.

IMPORTANT: We cannot guarantee or accept any liability whatsoever for downtime associated with the transfer process, nor can we guarantee that your existing website “as it is” will work flawlessly on another web hosting server. You will need to make sure with your new provider that they will be able to ensure that your website files are compatible with their own specific hosting system.

 

Web Hosting:

 

This client agrees to host their website on Halls Hosting and is subject to the Order of Terms & Conditions which can be found by clicking here. Halls Hosting can, at its own discretion, but is not obliged to, offer hosting via a third-party service. With all our web design plans we offer web hosting at a 50% discount. If you want to cancel the hosting you will be liable to pay for the rest of the 50% discount before files being realised.

 

Liability:

 

Halls Hosting hereby excludes itself, its Employees and or Agents from all and any liability from:

·        Loss or damage caused by any inaccuracy;

·        Loss or damage caused by omission;

·        Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;

·        Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Halls Hosting to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

 

Severability:

 

In the event, any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

 

Website Maintenance:

 

We will look after your website for the full duration of your 1 year contract with Halls Hosting. We will also update and change any content only to what you wish for it to be. We will not change any theme designs this would mean a brand-new quote to redo you theme from Halls Hosting. We will also keep the software your site is using updated so you don’t have to worry about anything. We will back up your website every night for peace of mind. This also includes all of Halls Webcare (click here to see the list) 

 

Maintenance of a website may include one or more of the following that are the result of recurring needs and minor changing needs:

 

·        Text changes (such as news, press releases, current events, scheduled events, re-wording of text, etc);

·        Simple maintenance and/or addition of graphics provided by the client to an existing web page. Major changes in graphics layout in an existing website shall be considered a new project (quote order);

·        Simple navigational changes (e.g Move about us to the front instead of the back). Major navigational changes shall be considered a new project.

·        Simple page design changes (e.g. a new contact page). Major page design changes shall be considered a new project.

·        Addition of new pages as links from an existing page and not as links that will change the navigation of the web site. The addition of new pages shall follow the current website theme.

·        Virus scanning and if a virus is found we will remove it and make your website safe.

 

Example which isn’t covered under website maintenance:

 

·        Heavy image work and editing, including logo design or redesign;

·        Flash animation creation or editing;

·        New pages or site sections which do not share the existing site design;

·        Major structural or graphical changes that would affect the appearance of the website;

·        eCommerce major customisation;

·        Video editing.

 

Confidentiality:

 

Halls Hosting will need access to certain confidential information of the your company, sometimes including future plans, business strategies and other proprietary information (collectively, the “Confidential Information”). Halls Hosting agrees that it will take every reasonable step to ensure that Confidential Information is not divulged, disclosed or communicated to any third party without the prior written consent of the client. Confidential information shall not include information previously known to Halls Hosting Website Maintenance, properly received from a third party or in the public domain

 

No Limit on Halls Hosting Website Maintenance Engagements:

 

The client shall agree that any agreement entered into does not prevent Halls Hosting from providing similar services to other clients using the general marketing concepts and the know-how and experience gained hereunder or from developing/maintaining products or services which might be competitive with the deliverables and materials provided by Halls Hosting.

 

Non-payment by client:

 

In the event of non-payment by the client, Halls Hosting reserves the right to discontinue services and remove all data on Halls Hosting servers.

 

Restricted Parts:

 

As noted in our copyright section, we reserve the right to restrict parts of the “admin area” of the website. This is to protect our source code and copyright of our design. Themes, Plugins, Users, Pages or other areas might be restricted. If there is something you need to update on the website just send us a support ticket and we will be happy to help. (This is part of our WebCare services) If you need access to users for an example then we will be happy to do this only on request. The reason why we restrict access to plugins is because there is some plugins we need active to make sure the website is running correctly. By removing or deactivating one then it could break the website or design of the website which we will not fix.

 

Remote:

 

As we have several web design and bespoke services customers, we had to design a system where we can remotely access your website under one “master login” This is to help us quickly connect to your website if you’re having any problems, something needs updating, we need to do plugins updates or fixes bugs. You agree for this remote service to be added to your website, if this plugin/ our user account has been removed, we will place your project on hold or/and cancel the project.

 

Our Access:

 

When we are designing a website or a bespoke service for the client, we must have access to the admin panel always. Even after the project is completed we must carry on having that ability to login to our admin account. This allows us to fix any bugs, keep the project up to date and secure. Allows us to install any projects/plugins onto the website. If we have not started on your project/plugin and we try and login to our admin account, then we will put your project back on hold or cancel the project all together. We must have access always to allow us to do our jobs. 

 

Contract:

 

The Website Design is a full 1 year contract. Which includes website maintenance, web hosting and Halls Webcare (view here to see more). Either party can cancel at any time but no refunds will be given. With all our web design plans we offer web hosting at a 50% discount. If you want to cancel the hosting you will be liable to pay for the rest of the 50% discount before files being realised.

 

Discount after 1 year contract has finished:

 

After the 1 year contract, has ended with Halls Hosting and you wish to carry on with Halls Hosting and Halls WebCare you will be entitled to a 10% discount. This is only for hosting, web design changes, logo changes and webcare.

 

Notification of Changes:

 

Terms:

 

We reserve the right to change these conditions from time to time as it sees fit and your continued use of the site and our hosting services & web design will signify your acceptance of any adjustment to these terms. The terms can be changed at anytime and we reserve the right of not informing you. But most cases we will tell you any changes we make to the terms via email.

 

Privacy Policy:

 

If there are any changes to our privacy policy, we will announce that these changes have been made via relevant channels. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or subscribing for any of our services indicates your understanding, agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

 

Questions:

 

If you have any questions at all regarding the above terms then please contact our support team by submitting a ticket or emailing us on support@hallshosting.co.uk

 

Recent Changes:

 

These Terms and Conditions was added to Halls Hosting legal agreement page only, nothing has changed in the above terms.