Terms & Conditions
Should you have any questions about our service feel free to pick up the phone and call us, we are here to help.
General
Websitetogo.co.uk (To be known from here on as We or Us) will carry out work only where an agreement is provided either by email, telephone or written correspondence and upon receipt of your initial payment.
All transactions are classed as trade to trade transactions.
We will carry out work only for clients who are over 18 years of age, are a UK resident and have a UK address and UK contact telephone number.
By entering into a contract you are giving consent for your site to be used in any advertising material or promotional activities we wish to undertake.
Charges
A written quote will be provided detailing the agreed project and costs. Prices quoted are based on the current costs of production and are subject to amendment, in order to meet any rise in costs. Quotes are valid for 14 days.
By making a payment you are agreeing to the contract and accepting our full terms and conditions outlined on this website. All payments are non-refundable as this is a trade to trade transaction and the project will commence immediately upon obtaining your financial commitment.
If an initial payment has been agreed to commence the project, the remaining balance shall become due when the work is completed to the reasonable satisfaction of you subject to the terms of “Client Approval” hereof or should the project be delayed due to the lack of information provided by you, within 90 days of receipt of initial payment, whichever is sooner.
Additional work requested prior to completion will be charged at an agreed rate.
Special Offer Prices & Services – Project information must be provided within 1 week of acceptance of the quote unless otherwise agreed. Our standard pricing structure will apply if you fail to provide the information within 7 days of receipt of the initial payment.
You must provide all content for any work required within 14 days of payment.
All payments made to us, for any of our services, are non-refundable as this is a trade to trade transaction.
Client Approval
Client approval is required within 7 days of our notification of the completion of the project. Where an initial payment has been made, the receipt of the clients final payment will be deemed as confirmation of site approval.
If you are unresponsive to any forms of communication by us in order to seek approval; you will not approve subsequent work/alterations as you deem this to be unsatisfactory, or we deem you to be unreasonable, the contract will be deemed to have ceased. You will be charged for the completed website with any reasonable expenses incurred in recovery of payment.
Project Completion
We will endeavour to deliver the project as outlined in the accepted quote. You must be aware that failure to submit the required information will cause delays in the project. We cannot be held responsible for any missed deadlines caused by your delays.
Website Design
We reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial and to terminate the hosting service should the need arise. We cannot in any way be held responsible for any content on your website.
Websites cannot be used for any form of file transfer, file sharing services or contain Adult material. Hosted websites cannot be used to send bulk email whether opt-in or otherwise from our network. You cannot promote a site hosted on our network using bulk email, also known as spam, marketing.
Content Management System (CMS)
Should we grant access to a site to allow for CMS (Content Management System) you agree to the following conditions:
Any content posted should be of good quality, non-offensive and must not contravene any laws.
The Client is responsible for obtaining and holding proof of all copyright approvals relating to the site.
Unlimited pages are standard on all WordPress based websites, subject to the fair use of bandwidth and storage.
Our credit link cannot be removed from your site, unless previously agreed in writing.
Websites with CMS may only use themes or designs provided by us. You cannot install alternative themes supplied by any 3rd party be them free or otherwise.
The Client takes full responsibility when installing 3rd party plugins or software.
Should a site become corrupt or you have reason to contact us to rectify any errors or issues caused by your management of the site, you will be charged for any investigation or work required to rectify the problem. The Client must contact us within 72 hours of the initial event.
We reserve the right to withdraw any site content or whole site at any time if, in our view, you are in breach of these conditions.
Once a site has been complete and handed to The Client we are not responsible for maintenance or management of the website.
Non-CMS or No Access Websites
Site updates are chargeable based on the work required and time taken to carry out the work requested.
Ecommerce
To facilitate an e-commerce website clients must be a UK resident, conduct your business from within the UK and have a UK business address.
We reserve the right to use alternative hosting platforms to ensure the continued high level of service and responsiveness.
To facilitate the load time and general responsiveness of the site you may be required, at an additional cost, to upgrade your hosting and/or have additional cache systems installed, depending on the number of products you have listed and the volume of traffic to your store. We will contact you should this be necessary.
Clients must ensure that all relevant terms and conditions are displayed on the website in line with all Consume Contract Regulations 2013.
Software
We hold the right to use any 3rd party companies which supply; software, facilities or services, which we consider a requirement to facilitate the functionality of the website. Your details may be passed on to these companies for registration purposes only.
WordPress (CMS) Websites – WordPress is an open source project. For the purposes of security and functionality sites, themes and plugins, used in conjunction with WordPress, require regular updates. It is The Clients responsibility to ensure these updates are regularly maintained.
Compatibility
We will endeavour to ensure that any designed website will function correctly on the server/s it is initially installed on and that it will function correctly when viewed with the latest version of compatible browser software i.e. Microsoft Edge, Firefox and Chrome.
We cannot be held responsible for loss of functionality if this software or any other software used to browse the website is not installed correctly or updated to the latest versions on the individuals device.
Websites are designed and built using multiple platforms which use either Adobe Creative Cloud, or other open source languages including WordPress.
We cannot offer guarantees of correct functionality with all browser software, operating systems or devices.
Liabilities
We will not be liable or become involved in any disputes between you and any third parties regarding the website content or service you provide, offer or promote.
We will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
We will not be liable or become involved in any disputes between you and your clients and cannot be held responsible for any wrong doing on your part.
We will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out by you or any of your appointed agents.
We will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out by you or any of your appointed representatives whilst using the CMS system.
We will not become involved in or be liable for costs incurred, compensation or loss of earnings due to any disputes between you and any official bodies relating to EU Cookie Laws or GDPR Laws..
We cannot be held responsible for any errors or omissions relating to cookies placed on the site and information detailing said cookies.
We 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 us or our agents or facilities sourced from any third party companies. Websites are held on professional web servers, however like any technology interruptions to the service can occur.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, we cannot accept responsibility for any losses incurred due to any malfunction of the website or any part of it.
We cannot accept responsibility for any script, functionality or styling errors or changes to the website which arise due to updates on any WordPress; Version, Theme or Plugin either carried out by The Client, Us or any automatic software updates.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by us remain our copyright and may not be commercially reproduced or resold.
Whilst we will make appropriate arrangements for website hosting for the first 12 months; no guarantees can be made as to the availability or interruption of this service. We 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.
You will take full responsibility for any copyright infringements caused by material submitted by you to us or added by you. We cannot take responsibility for any other copyright infringements of any kind on your website. You agree to indemnify, defend and hold us harmless, from and against all losses, expenses, damages and costs resulting from any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained within the Website.
When providing any material you are confirming that you hold the relevant Copyright and/or permissions to use said material on your website.
Images provided by us are purchased by us under licence from third party agencies, as such they are not authorised for any other use by any other party other than ourselves.
We cannot be held responsible for SEO results, rankings or site visibility on search engines, or the time in which it takes search engines to crawl for information.
If any changes are made to your contact details, we must be notified at Websitetogo, 9 Demage Drive, Great Sutton, Ellesmere Port, CH66 2SU, within 1 month to keep our records up to date. We cannot be held liable for any loss of turnover, sales, revenue, profits or indirect, consequential or special loss caused by loss of service, non-renewal of domain or hosting should we not have received written notification of the changes.
Our liability will be limited to the price of the contract.
FORCE MAJEURE
We shall not be considered in breach of this Agreement to the extent that performance of the obligations outlined herein is prevented by an event of Force Majeure, including but not limited to:
natural disasters (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
rebellion, revolution, insurrection, or military or usurped power, or civil war;
contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
riot, commotion, strikes, go-slows, lockouts or disorder;
pandemic, epidemic or disease.
Website Hosting
Hosting is provided for free for the first 12 months to new customers. This for the sole purpose of hosting a website and themes provided by us. Third party themes are not permitted and cannot be installed on any website hosted by us.
It is your responsibility to pay an annual Hosting Renewal Fee at the end of the initial 12 month period to keep the website active.
Websites containing over 25 pages of content will be subject to additional hosting fees upon renewal.
A fair usage policy does apply and we will contact you should your website be close to exceeding normal bandwidth levels. We reserve the right to limit the bandwidth usage on any website at any time.
We reserve the right to suspend or terminate any free or paid hosting services we provide should any instance occur on your account which may have a detrimental effect on any hosting services we provide.
Transfer of hosting to a new provider is dependent on the platform the website was built on at the start of the project. A cPanel backup of the website will be supplied to facilitate a transfer. It is your responsibility to choose a new hosting provider which supports the use of cPanel backups for the purpose of website transfers.
Charges will apply for the provision of a backup file.
FTP or cPanel Access is not provided.
Domain Names
When purchasing a domain through us, we will register this through our preferred registrar in the name and address provided by you.
Domains registered as part of the initial website purchase, will be registered for 1 year.
It is your responsibility to take the necessary steps to ensure the domain is renewed when required.
Facilitating access and releasing control of domains from us to you will incur an administration fee.
Email Services
*Email Services are available for clients with a domain held with our preferred registrar, for an annual fee.
Email services are for normal day to day use only and cannot be used to send bulk mailing lists or any form of email marketing campaign. Should you attempt to use the email for bulk mailing purposes your services will be restricted and we reserve the right to terminate the email service.
Backup Service
Websites are not automatically backed up, unless you have purchased our website backup service package.
Renewal
Fees must be paid by The Client at least 5 days prior to the expiry date.
It is your responsibility to take the necessary steps to ensure the hosting & domains are renewed when required.
Failure to renew the domain and/or hosting will result in the site, including all associated files and services, being automatically deleted from our systems 7 days after the expiry date. In the case of domains this includes any associated email facilities.
Backup files are not kept on record; once a site is deleted from our systems it cannot be reinstated.
Hosting renewal is not a renewal of site management or maintenance services; it is solely the renewal of the hosting facility. Future management or maintenance will be charged at an agreed rate.
EU Cookie Law
You take full responsibility to ensure that your website complies with the EU Cookie Laws. We cannot be held liable should the site not comply with this law. You agree to indemnify, defend and hold us harmless, from and against all losses, expenses, damages and costs resulting from any legal action, other action, suit, or proceeding.
The Electronic Commerce (EC Directive) Regulations 2002
As our transactions are classed as business to business you must ensure that you comply with the above directive. We will ask for the following information which must be displayed on the website.
General information about their business including:
Business name
Geographic address
e-mail address
VAT registration number (if applicable)
Details of any relevant professional body that you belong to must be clearly available on their websites.
General Data Protection Regulation
You are wholly responsible to ensure your website complies with all GDPR requirements, and provide all relevant information to be included on the website.
Payment of Accounts
Invoices will be sent by e-mail and/or by post to the most recent address you have provided.
If accounts are not settled or we have not been contacted regarding the delay, access to the related website and related services will be denied and website removed from our systems.
Following consistent non-payment of an invoice we, or our solicitors, will contact you with a view to taking the matter further. We may 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 your credit rating.
We cannot be held liable for any, loss of turnover, sales, revenue, profits or indirect, consequential or special loss caused by loss of service, non-renewal of domain or hosting due to non-payment of fees.
Interest of 4.25% (over Bank of England Base Rate) will be charged per week for any late payment after 2 weeks. Interest is charged on the total amount outstanding each week including interest charges.
Variations to Terms
These terms and conditions may be amended by us from time to time (but not for the avoidance of doubt by any customers). The latest version of these terms and conditions may be accessed via our website at www.websitetogo.co.uk
Invalidity of Other Terms
No other terms (including those contained on any purchase order supplied by a customer) or any representation will form part of any contract between us and you. These terms and conditions will, in absence of any written agreement between us and you stating otherwise, represent the entirety of the terms of such contract.
Legislation
These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between us and you into which these terms are incorporated.
Complaints Procedure
Anyone who experiences a problem with their web service provided by us should raise the matter directly with your contact, giving sufficient information to locate the material (such as an URL or Error Message) and clearly outlining the grounds for your complaint.
We will investigate any complaint and respond within 5 working days of receipt of the complaint, a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.