Alco Web Design
Terms & Conditions
These Terms & Conditions ("Terms") are issued by Alco Web Design ("Us") and the entity agreeing to these Terms ("You"). If You are acting on behalf of another entity, You represent and warrant that You have the legal authority to commit that entity to these Terms.
1 - Defined Terms
1.1 Where these Terms refer to a day that does not exist within a calendar month, the date shall be taken to mean the final day in that calendar month. For example, the date one calendar month after 31st January 2014 shall be taken to be 28th February 2014.

1.2 "Purchase Date" means the date on which You make Your first payment to Us in relation to this sale.
2 - Agreement
2.1 You agree to purchase the design of a website (the "Website") from Us. You agree to supply us with text and images ("Initial Content") for use in the design of the Website.

2.2 We agree to design the number of pages specified in the Terms Of Sale. We will commence the design only after the Initial Content has been supplied.

2.3 You accept the presence of the text "Site design by: Alco Web Design" and the "Alco Web Design" logo on each page on the Website.
3 - Price & Payment
3.1 Payment for the Website must be made within 7 days of recipt.

3.2 If Your account remains in arrears for a period of one calendar month following an invoice. We reserve the right to remove the Website from the internet ("Suspension") and disable Your ability to send and receive e-mails. We will notify You prior to Suspension.

3.3 We reserve the right to use the services of third parties to recover monies owed. Without prejudice to any other remedy available to Us, We reserve the right to pass on credit collection fees to You, plus statutory late payment interest.

3.4 We reserve the right to claim a right over domain names purchased on behalf of You in respect of any debt.

3.5 You agree to pay an administration charge of 100, plus VAT, to restore the Website in the event of its Suspension for non-payment, or 50, plus VAT, to restore the website after a prior cancellation request.
4 - Cancellation
4.1 In accordance with The Consumer Protection (Distance Selling) Regulations 2000 You have the right cancel within a period of 7 days from placing Your order, provided We have not started work on Your Website. Once We have commenced work on Your Website the right to cancel is no longer applicable, in accordance with regulation 13(1)(c) of The Consumer Protection (Distance Selling) Regulations 2000.

4.2 You may give notice of Your intention to cancel this agreement at any time without giving any reason. The date upon which this agreement terminates ("Cancellation Date") is determined solely from the date on which We receive Your notice ("Notice Date").

4.3 We may cancel this agreement at any time without giving any reason. For the purposes of the following clauses, the "Notice Date" and "Cancellation Date" shall then be the date on which We give notice of Our cancellation. Should We cancel this agreement prior to the completion of the design of the Website We will refund to You the amount paid for the design. Should We cancel this agreement following the completion of the design of the Website no refund will be made.

4.4 Domain names are registered for a minimum term of 24 months from the date of registration. Should You request that We cancel a domain name or transfer control of a domain to another registrar before the end of the minimum term, Your remaining payments for the domain name will become due immediately.
5 - Defects
5.1 We will inform You once the design of the Website has been completed. It is Your responsibility to inform us of any errors in the design of the Website. If the design of the Website is not in accordance with this agreement for any reason Your sole remedy is limited to Us making good any errors or omissions.
6 - Improper Use
6.1 The Website and any other services we provide to you (collectively "Services") may only be used for lawful purposes. You agree to indemnify Us and hold Us harmless from any and all claims resulting from unlawful use of the Services.

6.2 We reserve the right to modify or restrict access to the Website, without giving notice, if We have reason to believe that the Website may be in breach of relevant legislation. We will incur no liability in relation to this action, even if the Website is subsequently determined not to be in breach of relevant legislation.

6.3 You may not use, nor permit the use of, the Services for the sending of unsolicited and/or bulk e-mail. We reserve the right to disable e-mail services without notice upon learning of such activity. We reserve the right to seek legal remedy if such activity impacts Our ability to provide services to other customers.
7 - Exclusions of Liability
7.1 We will incur no liability for any errors in Your instructions or the Initial Content not corrected by You. You take full responsibility for ensuring that Your instructions, the Initial Content and the Website are correct.

7.2 You are responsible for maintaining the confidentiality of Your passwords and for restricting access to any device You use to access the Services. We will incur no liability for any consequence of Your failure to ensure such confidentiality and access restrictions. You agree to indemnify Us and hold Us harmless from any and all claims resulting from unlawful actions carried out through Your account.

7.3 The Services are provided without any warranty or condition or representation as to their fitness for any particular purpose.

7.4 We may provide You with an estimated time scale for the design of the Website. Such estimates are strictly advisory and are not guarantees. We will incur no liability for delays in the design of the Website.

7.5 We make no guarantees in relation to the availability of the Website, and will incur no liability if the Website is temporarily unavailable for whatever reason.

7.6 We will incur no liability if any aspect of the Website that is dependent on a third-party service ceases to function to due the actions of that third-party.

7.7 In the event of any breach of contract by Us, the remedies available to You are limited to damages. Under no circumstances shall Our liability exceed the amount paid.
8 - Force Majeure
8.1 We shall not be held liable for failure to perform Our obligations under this agreement due to act of God, war, civil war, sabotage, act of terrorism, government sanction, embargo, import regulation, export regulation, labour disputes (including strikes, lockouts, boycotts, or other industrial action), failure in the transportation of equipment, machinery or personnel, failure in the provision of any utility (including power, gas, water, or communication services), or any event or circumstance beyond Our reasonable control.
9 - Intellectual Property
9.1 We may license content ("Stock Content") from third parties ("Stock Suppliers") for use on Your Website. You understand that such licences prohibit the use of Stock Content outside of Your Website, including but not limited to use in printed matter or on other websites that You may operate now or in the future. You agree not to use Stock Content in a manner that would place Us in violation of Our contractual agreements with the Stock Suppliers concerned.

9.2 You agree that by submitting content to Us and making such content available to the public, you grant Us a perpetual, non-exclusive, worldwide, royalty-free licence to reproduce, modify, adapt, publish, and distribute such content. You represent and warrant that you have the necessary rights to grant such rights to Us.
10 - Assignment
10.1 You may not assign the benefits of this agreement to any other party.
11 - Notices
11.1 A notice required or permitted to be given by Us to You under these Terms shall be delivered to the e-mail address You have specified in Your account. We will incur no liability for Your failure to receive such a notice due to any errors in Your specified contact details not corrected by You.

11.2 A notice required or permitted to be given by You to Us under these Terms shall be delivered in writing to Our registered business address.
12 - Changes
12.1 We may at any time, and at Our sole discretion, modify these Terms, with or without notice. Such modifications will be effective one calendar month from posting. You agree to review these Terms monthly and Your continued use of Our services following such modifications will indicate Your acceptance of these modified Terms. If You do not agree to any modification of these Terms, You must cancel Your agreement with Us.
13 - Validity
13.1 If any provision of these terms and conditions is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the terms and conditions in question shall not be affected and shall remain in full force.
14 - Governing Law
14.1 The law of England and Wales governs this contract and the parties submit to its exclusive jurisdiction.

The following Terms & Conditions apply to Bespoke Work Only and are in addition to the above terms

1 - Defined Terms
1.3 "Quotation" means the document containing a quotation reference number ("Job Number"), price ("Price"), and details of the work to be carried out ("Bespoke Work").
2 - Agreement
2.4 You agree to pay Us to carry out the Bespoke Work detailed in the Quotation.

2.5 We agree to carry out the Bespoke Work following payment in full.
3 - Price & Payment
3.6 The quoted Price excludes applicable taxes unless explicitly stated otherwise.

3.7 The quoted Price is valid for a period of 90 days following the date the Quotation was produced.
7 - Exclusions of Liability
7.8 We will incur no liability for any errors in the Quotation not corrected by You. You take full responsibility for ensuring that the Quotation meets Your requirements.

7.9 The Bespoke Work is produced without any warranty or condition or representation as to its fitness for any particular purpose.
© Updated 01 August 2013
© Copyright 2013 Alco Web Design, PO BOX 370, Southampton, SO30 2LT   •   VAT Registration No. 825 2378 27