These terms and conditions set out the agreement between you (the customer) and us (UK Design Group)
Our Hosting And Web Design Services
UK Design Group will host web sites for their customers in accordance with a particular set of services set out in your contract either in pdf format or written format. In the absence of an additional proposal the terms and conditions of hosting are specified in this agreement.
We will host your site and make best efforts for it to be available on the World Wide Web at all times. The World Wide Web is comprised of many networks and connections outside of UK Design Group’s control and we can in no way guarantee availability of a website at any time.
UK Design Group will in no way be held responsible for any damage or loss of earnings (or potential damage) to a customer’s business by a website or services such as email, or Content Management Systems (CMS) being unavailable for any length of time.
Your access to a website, email or CMS is via an external ISP (Internet Services Provider) over which UK Design Group has no control, UK Design Group does not have any affiliations with any ISP. UK Design Group cannot be held responsible for any of the policies or actions of an ISP and the customer must be prepared to change ISP if the service of their current supplier no longer works with UK Design Group systems.
We will purchase a domain name on behalf of a customer and will direct that domain name to both a web site and email account/s. The domain name may be transferred to another company to host at any time at the standard charge prevailing at the time, providing all payments of outstanding accounts are complete. Domain names remain the property of UK Design Group until the customer pays applicable fees for their purchase in full. This applies for any Top Level Domain.
The domain must be renewed on a yearly or 2 yearly basis by the customer this payment is in addition to any monthly hosting costs.
The customer is not permitted to use any part of our cgi-bin or any other mysql or other forms of data sources on any other website other that UK Design Group own hosted servers.
All code for display of web pages will be designed for Internet Explorer 5 and above. Other browsers will be tested during the development phase (Netscape Navigator, Opera etc.) but no guarantees can be made of the type of display on other browsers. Browsers must be upgraded to the latest service packs to prevent security and display problems for the customer.
UK Design Group will be fully entitled to turn off a service if an account is more than 30 days overdue without any further notice. Consequences of the site and email being unavailable are the full responsibility of the customer.
Limitations Of Service
UK Design Group endeavour at all times to make sure that web sites hosted by them are available for the maximum amount of time (24/7). However, servers may be down occasionally for both routine maintenance and failure of operating and systems software, During the last 2 years our level of service has constantly been above 98%. UK Design Group cannot guarantee that the web systems will be available at any particular time.
UK Design Group provide a number of services whereby we submit your website to the Internet’s largest search engines. This agreement recognises that the nature of search engine acceptance occurs on an infrequent and irregular basis that is out of the control of UK Design Group. THIS IS A CHARGEABLE SERVICE
UK Design Group shall not give any guarantees on the outcome (success or otherwise) of promotion of a domain name and web site to search engines. If a web site does not appear in a search engine for any reason the company will in now way be held responsible.
We can purchase domain names on behalf of customers. These domains will remain the property of UK Design Group until final invoices are paid in full
It is the responsibility of the client to ensure that a domain name does not infringe any trademarks or copyrights and indemnifies us against any action that may be taken to recover a domain name.
Transfer of a domain name and any cost ensuing (including legal costs) will be the responsibility of the customer, assuming that all current invoices have been paid and 90 day cancellation notice has been submitted.
Payment for domain renewals for is to be made before the due date otherwise the name may be lost.
Ownership of a domain name will not be passed to the customer until all outstanding payments are made.
You accept that all transactions relating to your business such as product supply, order payment fulfilment and delivery are solely between you and your customers.
UK Design Group will not be held responsible for any damages arising from the use of its services. This includes loss of revenue and lost profits.
Bandwidth and usage
No refunds will be given for unused bandwidth and website space. Unused bandwidth cannot be carried over from previous months. Should your bandwidth usage exceed your allotted limit, you will be invoiced at the rates shown on your hosting plan. This must be paid within 28 days to prevent account termination. If you are planning to undertake any major advertising other than you would normally have i.e major TV adverts you must inform UK Design Group 28 days prior.
Owing to the nature of the Internet and its interconnected systems, problems such as but not constrained to, outages, link failures, power difficulties, telephone outages, network overload etc. may have an adverse affect on your use of the Site. We will in no way be held liable in any manner for any loss suffered as a result of any such problems.
We endeavour to keep the information and materials appearing on the Site as up to date as possible, but we in no way guarantee that the information on the Site is accurate at all times and we reserve the right to amend the information at any time without prior notice to you. No information on the Site constitutes an offer to you by us or any third party of any nature.
The Customer Agrees to the following
1. The information that you give, both us and make available on the web both now and in the future is accurate and not in any way false, defamatory, libellous, indecent, obscene, misleading or offensive. We retain the right to amend or remove any information which we consider not accurate and in any way false, defamatory, libellous, indecent, obscene, misleading or offensive.
2. Your business and any other materials or information you provide to us do not infringe any law, regulations or rights of other people or organisations
3. That you will comply with our reasonable operating instructions including, without limitation, instructions to modify your software and hardware for Internet connection in order to receive our services successfully.
4. To not use products for any illegal or improper purpose or to knowingly allow others to do so.
5. That the systems and pages designed to a customer’s specification must comply with various differing country regulations and laws where they may be made available. The customer indemnifies us against any action that may be brought because of infringement of regulations of another country.
6. Where information is taken from other sources or databases it is the responsibility of the client to ensure that there is an agreement for supply of this information with the owner.
7. The client is responsible for any final checking of content and user-functionality before systems go live. Whilst UK Design Group test all systems extensively before they go live on the World Wide Web, we can in no way be held responsible for any consequence of a site not being checked before announcement. It is the responsibility of the customer to adequately check the site to his or her own satisfaction before it is made available on the World Wide Web.
8. Clients will not approach or offer any of UK Design Group employees or contractors any work or employment other than via UK Design Group for a period of at least 6 months after their final contract or employment with UK Design Group and at no time whilst they are working with UK Design Group.
9. Where email or FTP services are provided the client agrees to not use or attempt to use the account to send unsolicited email or “spam” in any way. Use of such email will result in immediate termination of all services. The definition of “spam” will be entirely at UK Design Group discretion.
Intellectual Property Rights
All intellectual property rights in any design work, documents, drawings and information created by us will remain at all times our property.
A license is issued to the customer for use of the systems produced for the hosting period on payment of the invoices for the project.
As all systems are designed for use on the specific hosting environment for which they were created, including email, security, e-commerce and other systems, the systems will only be warranted to work on the specific hosting environment for which they were created. On agreement and on further work some systems may be made available on other hosting systems.
Limitation Of Liability
In no event will the Company be liable to the Customer for any indirect, incidental or consequential damages arising out our Services or any products provided under any agreement, even if the Company has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion my not apply to the Customer.
The Company’s liability to the Customer for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to 125% of the hosting fees paid for the prior 3 months.
Late Payment Fees
We will exercise our statutory right to claim interest (at 8% over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment legislation if we are not paid according to our agreed credit terms. Also a standard LATE FEE admin charge of £40 will be added.
Should your account not be brought up to date we reserve the right to Terminate All Services as detailed below.
Termination Of Services
The minimum term for this package is twelve months. In the event of a breach of trust or complaint regarding your website UK Design Group may terminate this contract with immediate effect.
In the event of any material breach of this Agreement by UK Design Group, The Customer may terminate this Agreement by giving ninety days prior written notice.
Either you or UK Design Group may terminate this Agreement after the initial 12 months period for any reason or for no reason upon ninety days’ written notice to the other party;
The service may be terminated or suspended by UK Design Group at any time where: Please note where termination is for late Payment or Non Payment a County Court Judgement will also be requested against the person or company named on the Invoice.
· The client is in breach of any of the conditions of this agreement
· The client becomes insolvent
· Invoices are more than 30 days overdue
· Failure to comply with GDPR regulations
Neither party shall be liable to the other if its performance of its obligations under any agreement (other than an obligation to pay money) is prevented or hindered due to any circumstances outside of it’s control.
Should any part of any agreement, for any reason, be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect. These Terms and Conditions of service are governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdictions of the courts of England and Wales. These Terms and Conditions shall be binding to the benefit of each party and their respective heirs, successors and assigns.
Non-Disclosure Of Terms
Except pursuant to court order or as otherwise required under judicial or regulatory proceedings, neither party shall disclose the existence or the terms and conditions of any additional contracts or agreements between the customer and us without prior written consent to the other party.
Data Protection Act
It is the responsibility of the client to register under the applicable data protection act for their region, if necessary, for the storage and transmission of data. Any data collected and transmitted on via the web site is the sole ownership of the client and as such the client is responsible for the legal use of that data
(a) UK Design Group acknowledge that its relationship with Customer is one of high trust and confidence and that in the course of Services to Customer it will have access to and contact with Proprietary Information. UK Design Group will not, at any time disclose to others or use for its benefit or the benefit of others, any Proprietary Information.
(b) UK Design Group obligation under this section shall not apply to any information that (i) is or becomes known to the general public under circumstances involving no wrongful act or omission by or attributable to UK Design Group or other of the terms of this section, (ii) is made available to UK Design Group as a right by any third party, is independently developed by UK Design Group, or is disclosed under judicial or governmental process, (iii) is generally disclosed to third parties by Customer without restriction on such third parties, or (iv) is approved for release by written authorisation from Customer.
(c) At any other time, upon request by Customer, UK Design Group shall promptly deliver to Customer all records, files and documentation relating to the business of Customer. Customer agrees to hold UK Design Group harmless from, and to indemnify UK Design Group against, any and all losses, claims, damages, liabilities or expenses (including reasonable lawyers fees) which UK Design Group may incur based on (a) any information or data concerning customer or customer’s products to the extent such material is furnished or prepared by or at the request of customer for use by UK Design Group, and (b) any defect or alleged defect in any product manufactured by the customer
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement UK Design Group , its affiliated or related entities, and you the customer, and supersede any prior agreements or understandings not incorporated herein.
Terms updated 15 May 2021