Smart Websites Terms of Sale
Definition of terminology
Project: is any work undertaken or service provided by Smart Websites for the client
Client: is a person, business or organisation using any of the services provided by Smart Websites
Domain: is the website address e.g www.smart-websites.com
Hosting: is the method of holding all your website files pages, database, content and images about your website on our secure server.
CMS: Content management system refers the back end of website in which clients can access the page content, images and meta data
Smart Websites is a trading name of Smart Numbers ltd. Once an order placed with Smart Website the remaining correspondence will come direct from the Limited company.
Terms of sale
The contract between Smart Numbers Ltd t/a Smart Websites will be on these conditions, to the exclusive of all other terms and conditions. Any variation to these shall have no effect unless agreed in writing.
The works to be carried out shall be in the order confirmation document signed by the client or received in an acknowledge email reply to formal proposal.
Email will be the main method of communication, although Smart Websites can be contacted by telephone during business hours. It is the client’s responsibility to notify Smart websites of any changes in email addresses and address.
Smart Websites will only commence work on a project after receipt of a non-refundable deposit from the client for a proposed website design and build or website amendments.
4a. Final payment is to be paid on agreed completion of the project based on the supplied and agreed brief. Once payment received or first payment of agreed instalments paid your website will “go live”.
4b. Payment terms are available and agreed at point of sale, which will also form part of your confirmed order.
Smart Websites expect all clients to carry out sufficient research and checks before proceeding with the “go live” of the website. This will include checking that the website, content, images and claims made on the website or AdWords will be legal fair and reasonable. It is important that the business and website are legal; failure to comply could result in the website being closed.
Smart Websites will provide hosting of the website on receipt of full payment of our hosting fees. In doing do, Smart Websites will provide a reliable and professional service to clients at all times, but do not guarantee that the website hosting will be available at all times. In the event of a technical failure beyond our control, we will place out best endeavours to get your website back live.
Smart Websites cannot be held responsible for anything adversely affecting the clients’ business operations, sales or profitability that might be claimed as of the result of the service offered by Smart Websites. The internet is an unreliable medium and may not always work as advertised and may be affected by elements outside of our control. We will try to make your website available at all times but cannot guarantee that your website will operate continuously or without interruptions and therefore cannot accept responsibility if it’s unavailable. In no event will we be liable for any loss or damage (whether direct or indirect, including loss of profit or any consequential loss) resulting from or in any way connected with your website whether caused by negligence or otherwise.
Where asked to provide search engine optimisation or search engine marketing Smart Websites do not guarantee any specific placement, performance or rankings on Google. We are not Google, however are authorised to advise and resell their agency products.
An initial outline timescale to build and design your website will be provided during the initial booking. Smart Websites will endeavour to meet these; however we make no guarantees and are not bound in anyway to complete the projects within these timeframes. Clients are responsible to provide supporting information, content, logos and images in a timely manner in order to help achieving the outlining time frame.
Smart Websites own all design and code of the website, excluding any content, images or website file pages provided by the client.
10.a Smart Websites offers unique coding “localised and personalised” which remains our intellectual rights.
11. All images appearing on the client’s website are the sole responsibility of the client, regardless or usage and copyright, whether supplied by the client or Smart Websites. Should any legal issues or claims arise in regards to usage or breach of copyright the client accepts full responsibility. By signing this agreement the client accepts full liability to any claims or procedures in relation to breach of copyright from any third party for contents of your website.
12. Domain names registered by Smart Websites on behalf of clients are registered on our own domain suppliers on the client’s behalf. The client has legal ownership of the domain as long as payments have been made. Failure to pay could result in loss of your domain. Domain names are transferrable, with an agreed domain provider.
13. It is the responsibility of the client to pay renewal invoices relating to the domain names when due, whether held with Smart Websites or a third party. If the domain name expires, Smart Websites cannot be held responsible or liable for this. Smart Websites will make every effort to contact the client regarding the renewals.
14. Renewal of annual hosting is due on a yearly basis. The date of renewal will be annually from the date the website first is published. The hosting will not be renewed if Smart Websites cannot contact the client.
15. Hosting renewal charges must be received within 7 working days of the raised invoice prior to annual renewal. Smart Websites reserve the rights to deactivate any website where the hosting has expired and has not paid the renewal charge.
15. a Clients paying hosting on a monthly subscription charge are expected to have any agreement payment method (Direct Debit, Continuous debit/credit card or cash deposits) in place. Failure to have any agreed payment in place could result in your website and marketing being suspended or removed.
16. If the client does not host their website with Smart Websites then the management of the domains and hosting is sole responsibility of the client.
17. Smart Websites offer an optional support package for standard websites which includes
17a. amendments to the clients website to a maximum of 30 minutes per month.
17b. Website email support (internal only)
Design work requested in excess of 30 minutes will be quoted for on an individual basis.
For clients without a support package, we charge £39.99 +vat per hour for any work conducted outside of the original build.
18.Should a client wish to move their website files/ hosting away from Smart Websites through file transfers an administration charge of £55+vat will be applied, which must be paid prior to the transfer being completed.
18.a Any unique coding applied to the clients website, SEO content/pages will be removed from the website prior to any transfers.
19. Smart Websites are not liable for loss, damage or corruption to files or information stored on the servers. The client has sole responsibility for any information or files relating to the website.
20. If a domain is purchased through an alternative supplier, then the customer has responsibility in making sure the domain renews. We can provide or access your domain account to set up DNS settings on your chosen domain.
21. Smart Websites make no claims that the content of the website may be lawfully viewed or downloaded outside England and Wales. Access to the website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the UK, it is done at the own risk and the visitor responsibility for the compliance with the relevant laws of the visitors jurisdiction. The terms of and conditions of the website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this websites content shall lie exclusively with the courts of England. If any provisions of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidly 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,
22. Third party emails (outlook/Hotmail/Gmail); Business emails set up by Smart Websites on any third party device will cost £25 per device. Please note: we are not Microsoft engineers and will try our best to set up emails successfully for you on request. If your devise suffers problems in the future, clients should seek support from your email provider. Alternatively we can reset up @ £25 per device.
Marketing Terms of sales
23. Smart Websites cannot guarantee your search engine page ranking, appearance or performance.
We work to Google webmaster guidelines and obtain enhanced positioning by implementing Google recommended best practices to provide the best outcome.
24. Smart Websites will create a target area specific for your business, agreed at point of sale and forms part of your confirmed order.
25. Search engine optimisation tier 1 keywords are agreed at point of sale, whilst not an exhausted list will be the main category of terms we target. Position, ranking and performance are not guaranteed.
25a SEO will have a minimum of 3 month contract term, then rolling monthly unless otherwise stated on your booking email.
26. AdWords are paid in advanced at the agreed budget, which will run for 30 days or until funds cleared and further payments will need to be made before the adverts continue.
26a AdWords will have a minimum of 3 month contract term unless otherwise stated on your booking forms and subject to a management and set up fee.
27. Terms, once SEO or AdWords outside of your minimum contract term, all services are available on a rolling monthly agreement with 30 days notice unless otherwise stated as part of your booking.
28. The internet is an unreliable medium and may not always work an affected by elements outside of our control. We will try to make your website available at all times but cannot guarantee that your website will operate continuously or without interruptions and can accept no liability for its unavailability.
We do not warrant that the website, its content or the server that makes it available are error or virus free, free of other harmful components or that your use of this website will be uninterrupted. In no event will we be liable for any loss or damage (whether direct or indirect). Including loss of profits or any consequential losses resulting from or any way connect with your use of this website.
29. The Fabric of a Smart Website may contain a link to Smart Numbers Ltd, always this will feature in the footer. A reciprocal link may be included within the portfolio pages, however, this is not guaranteed as showcase websites change.
SUSPENSION, WITHDRAW & TERMINATION OF SERVICES
Smart Numbers Ltd may withdraw, suspend or terminate all or part of the Services (or any of them for so long as reasonably required) on a customers account at any time without notice if:-
- The Customer is in material breach of this Agreement or any contracted agreement between the parties.
- The Customer acts in such a way or permits anything to be done which, in the reasonable opinion of Smart Numbers Ltd, may impair or jeopardize the
operation of the Services or any part of the Telecommunications Network or Google marketing.
- Required to do so directly or indirectly by law, the Operating suppliers, industry regulatory body, OFCOM or Phonepayplus.
- Required for modification or maintenance or in cases of emergency.
- Smart Numbers Ltd has good reason to believe the Services are being used for unlawful, fraudulent or improper purposes.
- Payments or pre-payments for any monthly, annual or adhoc charges fail or are not received by Smart Numbers Ltd on or before the due date, as specified by Smart Numbers Ltd on any account charges.
- The Customer shall remain liable for all contracted charges during any period of withdraw, suspension or after termination of services attributable to the actions or omissions of the Customer.
- Failing to meet the financial terms of any contracts, including porting, termination or cancellation fees or in unauthorised payment arrears on your account, be it in part or full arrears of the services under collective or individual contract on your account.