1. graphic design, web design and build and consultancy
1.1 agreement of design
Before we commence work on your site, we will give you a quotation in writing. Later deviations from the quoted specification may incur extra cost but we will always agree a new price with you before we carry out the additional work or make the changes.
1.2 safety of items sent for scanning
Although we try to ensure the safety of items sent for scanning, we cannot guarantee their safe return in an undamaged state.
1.3 copyright clearance
It is your responsibility to make sure you have the right to reproduce the text and pictures supplied by you. You indemnify us against any liabilities due to breach of copyright caused by any material supplied by you.
1.4 ownership of the site
Your web site is provided for your use only, you may not re-sell it without our prior agreement. Once you have paid all our design fees you may move it to another server if you wish. However you do not own the copyright on our design, or on any pictures or photos supplied by us or on any software used to run your site. We also cannot guarantee that any scripting and other software we use will run on your new server.
1.5 consultancy and advice
Our consultancy service and general advice is, by its nature, subjective. It is up to you whether you decide to follow our ideas and suggestions. We cannot guarantee that any of those ideas and suggestions will increase traffic to your site, improve your ratings with search engines or boost sales.
1.6 payment for services
Payment for design services are normally due on completion. In the case of long or ongoing projects, stage payments may be agreed in advance.
2. hosting
2.1 use of service
Your web space is provided for your use only. You may not re-sell any of this web space to a third party.
2.2 content
You may only use your site and its associated e-mail addresses for lawful purposes and must not use them for unsolicited advertising by e-mail. You must also not use them for pornography, other adult content, abuse, libel, inciting racial hatred, distributing pirated material or hacking and must not provide links to other sites that do so. Breaking this rule will result in your site being immediately removed from the server and all money paid being forfeit.
2.3 (Unsolicited Commerce Email)
Spam Spamming, the sending of unsolicited mass email from or through a Netguides hosted website or using an email address that is maintained on a Netguides hosted website is STRICTLY prohibited. Netguides will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a Netguides website, or if they sell or distribute software on their website that facilitates spamming. Violators will face immediate suspension.
Please report any instances of spamming to abuse@netguides.co.uk detailing as much information as possible, clearly identifying the source of the unsolicited email. This will then be investigated, dealt with and replied to within 24 hours.
2.4 continuity of service
We cannot guarantee a 100% continuous service for web hosting, e-mail or statistics and are not liable for any problems or losses arising directly or indirectly from the failure of these services.
2.5 hosting fees
Web hosting charges are payable annually in advance. Failure to pay web hosting charges may result in your site being removed from the server.
2.6 cancellation
Web hosting and e-mail forwarding can be cancelled at any time by notifying the other party. We will pay pro-rata refunds for unused months paid in advance unless we are cancelling because you are in breach of the terms of this agreement.
3. domain name registration
3.1 registration
If you ask us to register a domain name for you, we will register it in your name (not ours). In doing this, we are acting as your agent with the appropriate Naming Authority. The contract of registration is between you and them and you are bound by their terms and conditions.
3.2 renewal
Registration is for two years unless otherwise agreed. Although we will do our best to renew the registration for you, it is ultimately your responsibility to make sure this happens so please keep a note of the date.
3.3 registration charges
Domain name registration charges are payable within 30 days of registration or renewal. You are liable to pay these charges even if you decide not to ask us to design your website.
3.4 moving domain names
On request, we will retag your domain name away from our server provided all outstanding fees to us have been paid.
4. general
4.1 indemnification
You indemnify us against any and all liabilities, losses, costs and claims howsoever arising or resulting from:
4.1.1 defamatory or misleading material posted on your website or distributed via your newsletter or e-mail address
4.1.2 any injury to person or property caused by any products you sell or otherwise distribute from your website, newsletter or e-mail address
4.1.3 any material on your website, newsletter or e-mail address or supplied by you from them infringing or allegedly infringing on the proprietary rights of a third party
4.1.4 copyright infringement and
4.1.5 any defective products sold or otherwise distributed from your website, newsletter or e-mail address.
4.2 legal area
In the event of a dispute, this agreement is subject to English law. Netguides Limited reserves the right to change these terms and conditions at any time.
