Last updated 14th September 2015.
Registered Company address:
12 Meadow Road | Stafford | Staffordshire | ST17 4JQ
Company Number: 07964726; Registered in England
Email: email@example.com | Tel: 07415094979
"No Deposit" Conditions:
Split Website Design will not ask for any money up-
You are free to walk away at any time, with no money owed. You will not be charged any cancellation fees of any kind. If you do walk away/abandon the project, we will not use any images or texts that belong to and/or have been provided by you, but the template and our progress on all designs and website URL (if applicable) will remain the property of Split Website Design and is ours to use as we see fit in the future. The release and transfer of ownership of the URL is offered for a fee of £30 payable to Split Website Design.
When you agree to make your website live, you agree the service provided has been completed and you are legally obligated to pay the outstanding invoice to the full term of 12 months per the agreement.
Please refer to 13.2 for late payment terms.
Our initial quote is guaranteed to be 100% accurate, and will not change during the course of the project unless the workload or project itself changes from your original proposal; at which point we will make you aware of this change, as well as give you the option of requesting an amended quote, or scaling the project back to the original brief/requirements.
Split Website Design will aim to have your website live on the Internet within 5 weeks of receiving your order and ALL required materials, information, and details for the project (images, colours, text, credentials, etc.). The time estimate is reset to 5 weeks if the project changes to the degree of needing a new/amended quote.
Split Website Design does not take any responsibility if the client is slow in offering the materials required to get the website online within the five weeks.
In taking up Split Website Design's services, you indicate acceptance of these terms and conditions of service. These terms and conditions will not be varied for individual customers, but are subject to change without notice.
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;
1.1.2 "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-
1.1.3 "COMPANYNAME" means Split Website Design.
1.1.4 "IP address" stands for Internet protocol address which is the numeric address for the server;
1.1.5 "ISP" stands for Internet service provider;
1.1.6 "server" means the computer server equipment operated by Split Website Design in connection with the provision of the Services;
1.1.7 "the Services" means web hosting, web design, domain name registration, email and any other services or facilities provided by Split Website Design.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.3 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2.1 The Customer wishes to provide Split Website Design with data that will be hosted on Split Designs servers and made accessible via the Internet.
2.2 Split Website Design provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
3.1 Split Website Design shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to Split Design the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Split Website Design ("the Customer Software), in a format specified by Split Website Design.
4 CHARGES, PAYMENT AND MONEY-
4.1 Payment methods include Paypal, and BACS bank transfer.
4.2 Split Website Design do not accept cheques, postal orders or any other form of payment other than those outlined in 4.1
4.3 The Charges are exclusive of VAT (unless otherwise noted), which if payable shall be paid by the Customer.
4.4 Split Website Design shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 Split Website Design do not provide credit facilities
4.7 Should your chosen payment method fail, Split Website Design will attempt to settle your invoice using any other payment facilities available on your account.
4.8 All services will renew until cancelled by the customer. Split Design emails the customers primary email address prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.
5 IP ADDRESSES
5.1 Split Website Design shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where Split Website Design changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHT
6.1 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Split Website Design's Software without consent from Split Website Design.
6.2 Split Website Design may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Split Design shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 Split Website Design shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Split Design makes no warranties or representations that the Service will be uninterrupted or error-
7.2 Split Website Design carries out data backups for use by Split Website Design in the event of systems failure. Split Website Design do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Split Website Design accepts no responsibility for data loss or corruption unless it is directly at the fault of Split Website Design.
8 ACCEPTABLE USE POLICY
8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Split Design network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Split Design is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Split Design shall be entitled to withdraw the Services and terminate the Customer's account without notice.
9 ALTERATIONS AND UPDATES
All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Split Website Design and the password will be changed.
10.1 The Customer warrants and represents to Split Website Design that Split Website Design's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Split Designs as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality,Split Designs shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
The Customer agrees to indemnify and hold Split Website Design and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Split Website Design arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit Split Website Design's liability for death or personal injury resulting from Split Website Design's negligence or that of its employees, agents or sub-
12.2 The entire liability of Split Website Design to the Customer 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.
12.3 In no event shall Split Website Design be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Split Website Design had been made aware of the possibility of the Customer incurring such a loss.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
13.1.2 Split Website Design shall have the right to terminate this Agreement with immediate effect by notice in writing or email to the Customer if the Customer fails to make any payment when it becomes due.
13.2 Split Website Design require full payment upon completion of your website.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customer's account will be deleted.
14.1 Split Website Design may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Split Website Design's prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
20 DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it, Split Website Design will provide a full refund for that domain name.
Split Website Design are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until the following month, or until you have upgraded to an account that has more data transfer included.
23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
24 SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
25 WEB SPACE USAGE
Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.
Q: Will I be able to preview the site while it's in development?
Yes. You will be given a link to view your private development page.
Q: How long will the whole process take?
After the project quote is approved, we produce a design draft within 2-
Q: How and when are payments processed?
We accept payments through bank transfer, Paypal, and major credit cards. For one-
Q: Other than the quoted price, what costs do I need to worry about?
Unless the project's details change, you only owe what the quote shows, as agreed. We don't have any hidden fees or taxes of any kind.
Q: Can I personally edit my website?
We have an easy-
Q: Can I change to a different webhost?
You may switch hosting providers at any time without the fear of any cancellation fees whatsoever. We will even assist if you need help changing to your new host. For those on our monthly packages, the answer is more complex, but still very lenient. Please contact us for more details.
Q: Can you rebuild/edit/add pages to my website after it is completed?
Yes, and repeat customers receive special loyalty discounts. Websites on our monthly packages come with many freebies, including lifetime free updates.
Q: Do you build websites in non-
We have built websites in other languages, but we are only fluent in English so it would be up to you to provide all the text and content in the required language.
Q: Will my website work on all devices and browsers?
Our websites are guaranteed to work with all leading mobile devices and current web browsers and we include free mobile websites in all monthly packages.
Q: Can I design the website and just have Split Website Design build and/or host it?
Yes, and you will receive a discounted rate. Contact us with the details and we will put together a quote for the project.
Q: My question isn't covered here, what should I do?
Don't panic. Just contact us and we would be happy to answer your questions.
Monthly Package FAQ
Q: With your monthly packages, is the site still "mine"?
Yes. After a period of 12 months, the website is completely yours, and you are free to take it and do what you wish (another host, another website building, whatever). It's always sad to see a client go, but we will even offer free assistance to make sure your transition is as swift and issue-
Q: Is there any penalty to cancelling a monthly package?
If the site is older than 12 months, then there is no penalty or cancellation fee whatsoever.
Q: What if I cancel before the 12 month time period?
By accepting a monthly contract, you are agreeing to keep up with your monthly payments for at least 12 months (12 payments). Cancellation of the website before this 12 month period may result in a bill for the remaining months' balance.
Q: If I miss one month's payment or get it to you late, what happens?
Minor lapses in payment are forgivable, we understand. If a client is repeatedly late on payments by more than a week late fees may apply. And if a client has not paid or responded to us in 30 days, action will be taken.
Split Website Design is a Staffordshire-
Our cheap monthly packages include free hosting, free URL, and free minor updates for the lifetime of the website. Contact us today for a free quote.
© Split Website Design Ltd. 2015