WebKwik Website Development and Web Hosting Terms and Conditions

Definition of terminology:

Project - any work undertaken or service provided by WebKwik for the Client on their request and as described in our confirmation order or quote to that Client.
Client - person, persons, business or organisation using any of the services provided by WebKwik.
We or us - WebKwik
Live Mode - the date the website is available on the Client's chosen domain.
Domain - network address which identifies it as belonging to a particular domain.
Open Source Software - software made freely available under the GNU General Public License (GPL).
Hosting - the activity or business of providing storage space and access for websites.
Content - both text and images that the Client requires on the website.
mb - megabytes and is a measure of storage space.

 

General

The contract between WebKwik and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

The works to be carried out shall be as set out in the WebKwik invoice which can be found attached to the confirmation order email.

Legalities, Copyright and Intellectual Property

WebKwik shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/concept/business will operate legally. It is the Clint’s responsibility to ensure that any images or content supplied for use on the website, is legally available to use. WebKwik cannot be held responsible for the illegal use of images, content or format of material supplied by the Client. WebKwik reserves the right to remove any website from its servers if it has reason to believe that it is operating illegally.

Where images used on the Client’s website have been purchased by WebKwik on behalf of the Client, these images are restricted by license for use on the specific website only. WebKwik is not liable for misuse of these images by the Client or any other person's copying, altering or distributing the images to individuals or other organisations.

WebKwik makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done so at visitor’s risk and the visitor is responsible for compliance with the relevant laws of the visitor's jurisdiction.

The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website's content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

WebKwik cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by WebKwik.

User License

The website design created for the Client is licensed on a single use policy. The website design cannot be used on any other domain than that for which it was initially developed for the Client. The design elements created by WebKwik remain the copyright of WebKwik and cannot be duplicated or used by the Client for any purpose without approval from WebKwik.

Payments

WebKwik charge for the design and development of websites at various stages. A 50% deposit of the total sum due is payable (the deposit) prior to commencing any work whatsoever on the development of the Client’s website project. The final 50% is payable on completion and to the satisfaction of the Client. On receipt of the final payment the website will be made ‘live’. The initial deposit payment is non-refundable after WebKwik has committed resources or completed research and/or design work on the Client's behalf.

Our preferred method of payment is by online bank transfer. If paying by cheque, please be aware that there will be a delay to allow for clearance of the cheque before we can commence work or make the website live.

WebKwik own all design and code of the website until final payment has been received in full.

Communication

Email is our primary method of contact with regard to all communication. Any problems or queries regarding design or development that cannot be resolved by email can be addressed via our contact telephone support service during UK office hours on 01704 551150.

It is the Client's responsibility to inform us of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address.

It is important for the Client to keep in contact with WebKwik throughout the entire project. If the Client does not make contact for more than 2 weeks, we will make up to 5 attempts to contact the Client by email using the email address for the Client held on file. If we do not receive a response to these attempts of contact the project may be terminated, and the deposit will not be refunded. If the Client wishes to postpone the project for a period of longer than 2 weeks, please contact us. Otherwise the project may be archived. We reserve the right to levy a £50 plus VAT administration fee if the Client returns after an unapproved postponement where the time since last contact is less than 6 months and wishes to continue work on their project.

If the Client returns from an unapproved postponement of the project and the last contact with them is more than 6 months, we shall provide a new quotation for the project and the Client’s original deposit will be non refundable or transferable.

Website Design and Development

Design is subjective, and for this reason we offer 'unlimited design revisions'. The unlimited design revision period ends when the Client accepts the design proposal and home page draft. Design changes beyond this point are subject to additional charges.

WebKwik will provide the Client with an expected completion time frame for the project (live on the internet) if requested.

Open Source software (OSS) is publicly available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the Client's website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customisations made by the developer is still passed to the Client upon final payment.

Web Hosting and Search Engine Optimisation

WebKwik will host the website if the Client requires us to do so and on receipt of full payment of our hosting fees. In doing so, WebKwik will provide a reliable and professional service to the Client at all times, excluding unavoidable technical failures. All standard hosting offered by WebKwik is offered on shared servers with web space, bandwidth, mail boxes and various other options as included within the Client’s selected WebKwik web hosting package.

Hosting is automatically renewed annually. Renewal date is 12 calendar months from the date the website was made live, or synchronised with the renewal date of the domain name on which it is hosted as arranged with the Client. WebKwik will request renewal fees at least 4 weeks in advance of the renewal date. Renewal of hosting services is not obligated. In the event that the Client does not require renewal of hosting services then notice to cancel renewal must be given to Webkwik at least 7 days prior to the renewal date. Failure to do so will result in automatic renewal and, therefore, renewal fees become payable.

The hosting renewal fees must be received at least 10 days prior the hosting expiry date. We reserve the right to deactivate any website when payment of renewal fees has lapsed beyond the renewal date. We reserve the right to charge an administration fee of £60 for reactivating the website/hosting.

Where the Client does not use WebKwik hosting services, then the management and hosting of the domain name are the full responsibility of the Client.

Where the Client does not wish to renew the hosting then the website files and associated data can be made available to the Client on request and the domain name transferred to the Client's registrar account. Should the Client instruct WebKwik to upload and configure the website and domain name to a third party server then this work will be subject to a charge.

Where the Client chooses not to renew the hosting then WebKwik reserves the right to delete the website from its servers 50 days after the hosting expiry date.

WebKwik takes no responsibility for the Client's website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting the Client's website this may affect website’s search engine ranking.

Domain Names

Where WebKwik is instructed to purchase a domain name on behalf of the Client then full payment is required prior to the purchase of the domain name. WebKwik will purchase the domain name on behalf of the Client when full payment has been received. On purchasing a domain name on behalf of the Client, WebKwik will ensure that the domain is registered in the name of the Client and that the Client is, therefore, the legal owner (Registrant) of the domain.

When transferring a domain to an alternative provider WebKwik will ensure that it be actioned within a reasonable time frame, usually within 24/48 hours.

Hyperlinks

WebKwik provides hyperlinks or references to our Clients' websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.

WebKwik will place a text link in the footer of our Clients’ websites stating the website and or hosting was provided by WebKwik and links to our company website. This link can be removed, if required.

Support

WebKwik support is available between the hours of 9.00am and 5.30pm Monday – Friday. This excludes all bank holidays.

WebKwik email accounts are available on any device that supports email. WebKwik will provide instructions on how to setup email on most devices. WebKwik will provide on-site assistance with the set up of email accounts at our current hourly rate plus travel expenses.

(*) WebKwik will not tolerate any form of harassment from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only.