Use of the Website
a. We may amend these Terms at any time without prior notice. Your continued use of the Site will mean that you accept any amendments to the Terms.
Information we use
We at the Net66 Web Design Ltd make data protection and client security a priority. The Only information we will hold on persons will be information sent to us from persons electronically and verbally over the telephone and through postal services. This can be from a call made by us or into us.
a. The Site and services are provided by Net66 Web Design Ltd. The information and materials available on this site are provided as a guide to the services of the Net66 Web Design Ltd and on an “AS IS” and “AS AVAILABLE” basis. We make no warranties, representations or give any undertakings (whether expressed or implied) of any kind, including but not limited to warranties about the merchantability, fitness for purpose, non-infringement, accuracy, completeness or otherwise.
a. Availability as set out on the site is subject to change without notice at any time.
Net66 Web Design Ltd Portugal Street East Manchester Registered in England Reg No 8054674 VAT No 135 0167 44. Registered Office Portugal St East Manchester M1 2WX
a. Our Site may contain links to other websites. When you activate any of these links, you will leave the Site and we accept no responsibility for the availability or content of any linked websites and shall not be responsible in any way for arrangements regarding goods or services from such linked websites. The links are provided for you to view externally from our site. Any such link does not imply endorsement by us of a website or any association with the operators of a website i.e. we are not in any way affiliated with the links from our website to other sites / companies.
b. You agree not to bring any claim against us arising from your purchase or use of the third party supplied products and services.
Unless otherwise stated, all rights in the material on the Site including copyright and database rights, are owned by the Net66 Web Design Ltd. You are not permitted to print or download extracts from this material for any use.
Using our site
a. You agree to use the Site for lawful and ethical means only.
b. We reserve the right without notice to terminate any person(s) access to the Site.
a. We do not guarantee that the services at the Site will meet your requirements. We do not warrant that the Site will be delivered to you uninterrupted, timely, secure or error-free, or that the Site and the server are free of computer viruses or other harmful applications. If a fault occurs in the service you should report it to us and we will attempt to correct the fault as soon as we reasonably can.
b. To the fullest extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site.
Nothing in these Terms shall exclude our liability for personal injury or death caused by our negligence.
Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and any disputes will be decided by the English courts.
Information How We Use it
We gather this information to enable us to provide you with a product or service. The relevant information is also used by us, to communicate with you on any matter relating to the provision of products or services or in general, for example by direct mail. We may also wish to provide you with information about special features on our website or any other service or product we think may be of interest to you.
Agreements with our Customers
Our agreements and contracts are all made verbally by phone. By paying for a service you are accepting that you have read and understood our terms and conditions set out. Our agreements are business to business agreements, we do not provide retail services to the general public, so consumer specific regulations do not apply to these business to business agreements and therefore are not subject to a cooling off period.
If paying by direct debit, please note that Net66 Web Design Ltd has appointed the BACS Approved Direct Debit Bureau, Eazy Collect Services Limited (www.eazycollect.co.uk), to collect your payments. Net66 Web Design Ltd will be shown on your bank statement for these direct debit payments.
Website Design Agreement – this agreement is made up of a deposit , payable before any work is carried out by us, and a final payment or series of payments which are due upon completion of the website. We will provide a website to the specification agreed between you and the company at time of placing the order. Should you want a redesign or major modifications to the agreed site, we will endevour to accommodate your requests, but we can only carry out a maximum of 2 redesigns or major modification before any other extra work becomes chargeable. At this point the website we have provided is deemed to be complete and any payments will become due.
If you decide that you no longer require our services and wish to cancel the account – then you may serve us with 30 days written notice or you may call and advise of this request and back this up in email or fax format, we will also call you to renew your services and you may serve notice with the customer advisor that you speak to that you do not wish to renew. If the account is cancelled then we require our work and wording that we have done for your website to be removed within 30 days of the expiry date – this includes all work that we have asked your website programmer or design agency to do on our behalf for you as our customer – FAILURE to remove any work which we have claimed as ours or any work that we have had imitated or copy and amended that have used or sent to you then you will be invoiced for the renewal. Failure to pay the renewal invoice within 14 days of receiving this then the account with become a bad debtor which may or be passed onto a 3rd party collection agency to retrieve the monies owed. In some or certain cases for new advertisers or amendments to existing websites we will or may require the sites “FTP” user name and passwords or the administration / password for the site to gain access to make adjustments, changes or additions. Sale of Business
If the business is sold or integrated with another business, your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business and your agreement will still stand.
How to contact us
If you would like to contact us with any queries or comments please call 0844 272 3783.
Except where expressly stated to the contrary, the contents of this website are the copyright of the Net66 Web Design Ltd
Terms and Conditions of Net66 Web Design Ltd
1.1 The buyer, you, your or client or customer – means the person or organisation who buys or agrees to buy services from The Company. The Company is the Net66 Web Design Ltd.
1.2 Conditions – means the terms and conditions of sale set out herein and any special terms and conditions agreed in writing by The Company.
1.3 Services – means the internet services which the buyer agrees to buy from The Company.
1.4 Price – means the price for the services exclusive of VAT.
1.5 Order – means an Order for services from The Company made pursuant to the pro-forma invoice..
2. Conditions Applicable
2.1 These conditions shall apply to all contracts for the sale of services by The Company to the Buyer with the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 The Company reserves the right to alter, add and subtract from these terms and conditions at any time. The Terms and Conditions are available to view online at www.net66.co.uk/terms.php these Terms and Conditions replace any previously agreed and it is the responsibility of the buyer to make themselves aware of what these are.
2.3 Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless confirmed in writing by The Company.
2.3b The client gives permission for The Company to set, create and or set up paid relevant accounts with search engines on behalf of client, in order to fulfill its obligations under these terms.
2.4 All orders for services shall be deemed to be an offer by the Buyer to purchase services pursuant to these conditions.
2.5 Providing The Company with your credit card details, or cheque in payment of the verbal contract, receipt of an email or pro-forma invoice to proceed shall be deemed conclusive evidence of the Buyer’s acceptance of these terms and conditions.
2.6 The Clients website URL may require to be linked via The Company URL. This is purely to aid the functionality of your service, please notify us by writing if you do not require the link to be present on your website.
2.7 FTP (File Transfer Protocol) is the method by which files are downloaded or uploaded to the internet. Your website’s FTP host name, username and password are provided by the company hosting your website and are required by The Company dependant on Services purchased. Work may not commence until The Company receive the correct FTP details for the website URL listed on the order form.
2.8 Should FTP access be unattainable The Company would require a copy of your website’s files and any databases that the website requires to run to be sent to The Company at its postal address at that time or e-mail via a form of suitable media.
2.9 The client informs The Company of any changes to the website that affects The Company’s ability to fulfil its obligations. Including but not limited to deletion or alteration or additions of URL addresses, URL redirects, Landing Pages and their content, Conversion Pages and their content and Confirmation Pages and their content.
2.10 The Company will provide the services with reasonable skill and care.
3. The Price and Payment
3.1 The total price shall be the price set out at time of call or via email, and/or pro-forma invoice. The price is exclusive of VAT which shall be due at the rate ruling on the date of The Company’s pro-forma invoice.
3.2 Up front payments shall be paid at the time of the order. You will be notified by post and e-mail upon
commencement of your rolling months subscription period start date.
3.3 All Ongoing Contracts are rolling monthly agreements and unless otherwise agreed may only be cancelled in writing with 30days notice
4. The Services
4.1 The Company require that, prior notice be given for any alterations relating to your website(s) that may affect the services supplied by The Company. If alterations are made by the client or a third party to a client’s site, The Company cannot be held responsible. The Company reserve the right to issue a charge to rectify any problems to regain functionality.
4.2 The quantity and the description of the services shall be as set out in the pro-forma invoice.
4.3 The Company will only carry out validation to the W3C standards on the homepage of the clients website where possible or at specific request.
5. Warranties and Liability
5.1 The Company warrants that the services will at the time of delivery correspond to the description given by The Company, either verbally or by means order forms, invoices etc.
5.2 The Company shall not be liable for any loss or damage (including but not limited to consequential loss or damage) arising from the use of the services.
5.3 If during the contract period between The Company and the client, the client uses a third party (other than The Company) for changes and / or associated workings, The Company cannot be held responsible for any consequential malfunctions or associated damages that may arise.
5.4 By making the initial deposit, the client and The Company shall both be bound these the Terms and Conditions of which are displayed on the company’s web site.
5.5 Our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.
6. Domain names
6.1 The Company reserves the right to charge an administration fee of £25 +vat for the transfer away of domain names held by The Company.
6.2 All domains sold consisting of .uk geographical domain are subject to Nominet’s T’s & C’s
7.1 Standard shared hosting is provided from a third-party company with 98% guarantee of the level of uptime from The Company.
7.2 You should ensure you maintain a level of insurance cover in respect of any loss or damage to data stored on the server.
7.3 The Company (via third-party) will make incremented back-ups daily and weekly of the server data. It is still your responsibility to maintain your own backup in the event that information is unavailable.
7.4 8. Refunds and Cancellations
8.1 The Company is under no obligation whatsoever to accept the cancellation of the services or cancellation of orders incorrectly placed. Any cancellations will only be accepted if agreed in writing and within your contract period and will be subject to a 40% handling or cancellation charge. this will be 40% of the total value of the contract. Any refund given will also be minus any costs incurred by The Company i.e. directory submissions and linking strategies. In any event any setup fee and or deposit is non refundable
Websites can be canceled before completion, any deposit is non refundable.
Ecommerce and CMS Systems can be canceled before completion, any deposit is non refundable.
Bespoke applications can be complex and time consuming and the terms, conditions and pricing and scheduled payments will be agreed on an individual basis before commencement.
9.2 Any money back offer, or guarantee made by the company will be null and void and unenforceable by you if any payments are received late by the company, for whatever reason, or if any payment methods to the company are canceled. Any money back offer or guarantee will be null and void if any action is taken to cancel the contract before the full term of the contract, or if any changes are made to the website without our prior written consent and/or change the facility to access the website in any way shape or form.
9.3 Any refunded or cancellation monies owing to the customer will be refunded within 7 working days
10 Programming Work
10.1 Programming work carried out on your site(s) by The Company shall remain the property of The Company until payment has been received in full by The Company and is not subject to any form of recovery or cancellation by way of charge back or otherwise. All services provided to the client or their agent, and not paid for in full as per term 10.1, may be removed from the applicable website by The Company at any time after the due date of payment has passed and the payment has not been received in full or if payment has not been received in full,or has been made subject to a Charge back, any costs incurred by The Company will also be recovered. This applies only to services that have not been paid for in full by the client.
10.2 The Company uses various software to track and monitor unique work that has been completed on a client’s web site. If this work is replicated or copied in any way (including coding & scripting, software, text content and analytical information) and not paid for, The Company will instruct legal action unless payment is made for the given plagiarism.
11.1 It is always the policy of The Company to develop and improve its services. The Company, therefore, reserves the right to make any improvements to the designs and specifications of the services.
11.2 The purchase price of the services is where stated, on the invoice inclusive of the first year support and maintenance. Thereafter, an annual support fee will be charged by The Company to the Buyer to maintain the services in a functional capacity. If the annual support fee is not paid within 14 days of the receipt of invoice therefore, the annual support service will be withdrawn.
Support includes minor changes to your website such as telephone number changes, issues resulting in changes in the internet, such as continuing compatibility to updated and new browser clients, changes to your email account, such as adding deleting email addressees, support with hosting issues should any arise, whether your site is hosted by us or not. 11.3 Nothing in this Agreement shall confer, nor do the parties intend it to confer, any enforceable right on any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
11.4 This Contract shall be governed by the Laws of England and the parties submit to the exclusive jurisdiction of the English Courts in relation to any dispute hereunder.
11.5 The start date of the contract held between the buyer and The Company. This is the date when the payment has been received from the buyer.
Net66 Web Design Ltd Portugal Street East Manchester Registerd in England Reg No 8054674 Registered Office Portugal St East Manchester M1 2WX