The thing we never read but should
Terms & Conditions of business
Definition of our terminology as used within this document:
1. A ‘Project’ is any work undertaken or service provided by Blue Monkey Web Design for the Client on their request and as described in our confirmation order email to that Client.
2. A ‘Client’ is a person, persons, business or organisation using any of the services provided by Blue Monkey Web Design
3. ‘Live’ means the date the website is online for the world to see.
4. ‘Domain’ is the website address as specified by the Client. EG: www.YOURNAME.co.uk
5. ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
‘6. Hosting’ is a yearly cost to keep a clients website online so that it can be seen.
7. ‘Content’ is both text and images supplied by the client for the website.
Blue Monkey Web Design Terms & Conditions
1. The contract between Blue Monkey Web Design 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.
2. The works to be carried out shall be as set out in the Blue Monkey Web Design confirmation order email.
3. Email will be the method of contact with regard to all communication. Although Blue Monkey Web Design can be contacted by telephone, we will use email as our method of communication and therefore it is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. Blue Monkey Web Design cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. Blue Monkey Web Design will acknowledge all emails within 2 working days.
4. Blue Monkey Web Design will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. The final 50% payment is to be made on completion of the website. The website will be live once the Clients pays the remaining balance in full.
5. The deposit paid to Blue Monkey Web Design covers the cost of design work carried out as well as any admin work and communication with Blue Monkey Web Design. The deposit is non refundable.
6. Blue Monkey Web Design shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
7. It is important for the Client to keep in contact with Blue Monkey Web Design throughout the entire Project. If a Client does not make contact for 1 week we will make up to 5 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded.
8. Where images used on the website have been purchased by Blue Monkey Web Design on behalf of the Client, these images are strictly for use on the website only. Blue Monkey Web Design are 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.
9. Blue Monkey Web Design 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, Blue Monkey Web Design will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
10. Blue Monkey Web Design 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 Blue Monkey Web Design
11. Where asked to provide search engine optimisation for a Client, Blue Monkey Web Design does not guarantee any specific placement or high ranking on search engines.
12. Blue Monkey Web Design will provide the Client with a completion date for the Project (live on the internet) if requested. Blue Monkey Web Design will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by Blue Monkey Web Design is purely an estimate.
13. It is the Client’s responsibility to check with Blue Monkey Web Design whether Open Source Software is being used or not.
14.The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Blue Monkey Web Design or the Client.
15. Blue Monkey Web Design own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by Blue Monkey Web Design for the Client, unless the images have been supplied by the Client. Item 17 is subject to item 16.
16. All images displayed on the Client’s website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Blue Monkey Web Design, they will be the sole responsibility of the Client.
17. Domain names will be registered by Blue Monkey Web Design on behalf of the client and in the client’s name. The Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Blue Monkey Web Design will do this within a reasonable timeframe.
18. It is the responsibility of the Client to pay for the renewal of their domain names when due. If a domain name expires, Blue Monkey Web Design cannot be held liable for this. However, Blue Monkey Web Design will make reasonable effort to contact the Client regarding domain renewal. When a Blue Monkey Web Design package has been purchased which includes a free 1 year or 12 month registration of a .co.uk or .com domain name with our website hosting service the Client will be charged for the domain name renewal after the first year unless the Client requests that the domain name is to be transferred away from our server to an alternative hosting provider. Once a transfer has been requested and completed Blue Monkey Web Design will not be held responsible for the renewal of the domain name.
19. When a Client renews Hosting after the first year or 12 months that was free of charge with Blue Monkey Web Design, this does not include the domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. The domain will be billed as a separate item and both domain and hosting renewal is required to keep the site functional. If the Client does not renew the Hosting or their domain name the domain name could be made available to the public for purchase and Blue Monkey Web Design cannot be held liable for this.
20. Renewal of Hosting is due on a yearly or 12 month basis. The date of renewal will be annually from the date the website was ordered by the Client. The Hosting will not be renewed if Blue Monkey Web Design cannot contact the Client or the Client requests for Blue Monkey Web Design to not host this site. This will also affect the domain as per item 22.
21. The Hosting renewal charge must be received within 14 days of the Hosting invoice date. Blue Monkey Web Design reserves the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Blue Monkey Web Design for reactivating the website/Hosting.
22. If the Client does not use Blue Monkey Web Design Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
23. Blue Monkey Web Design will provide 1 year free hosting within our Website Design Packages providing the client pays their deposit payment within 48 hours of order. If the deposit payment is not received within 48 hours then Blue Monkey Web Design reserve the right to charge £95.00 or more depending on the size of the website up to a maximum of £300 for 1 years hosting of the clients website.
24. Should a Client wish to move Hosting away from Blue Monkey Web Design or transfer a Domain name away from Blue Monkey Web Design a £35.00 admin charge will be issued, which must be paid before the transfer takes place.
25. Blue Monkey Web Design has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client’s web sites constitute Blue Monkey Web Design endorsement, or approval of the website or the material contained within the website. Blue Monkey Web Design has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. Blue Monkey Web Design provides links or references to our Client’s 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.
26. Blue Monkey Web Design is not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.
27. If a Domain name is purchased by the Client through a company other than Blue Monkey Web Design, the Client has full responsibility in making sure that the domain name is renewed when due. Blue Monkey Web Design will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Blue Monkey Web Design.
28. Blue Monkey Web Design takes payment by credit or debit card. We also accept BACS. We no longer accept cheques as a method of payment.
29. Blue Monkey Web Design 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 at own 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.
30. Blue Monkey Web Design reserves the right to change these terms and conditions at any time.
Hosting and Domain
ACCESS TO THE HOSTING SERVICE
1.It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.
2. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy).
HOSTING SERVICE – SERVICE LEVELS
- We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum.
1. You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you throughout use of upon the expiry or termination of Services.
2. Any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.
BACK-UP OF YOUR MATERIAL AND OUR SERVERS
1.It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload onto our servers as part of your use of the Hosting Services. We provide free tools to make website and database backups in our control panels. In the event of loss of or damage to your material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
2. We will follow our archiving procedures for the data stored on our servers.
3. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
HOSTING SERVICE USAGE LIMITATIONS
1. The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order.
2. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.
3. Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.
4. We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion,
5. The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order.
6. Any mailboxes that have not been accessed for 100 clear days will be automatically deleted from our system.
7. When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions.
1. Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our 2. servers are compatible with many programming languages.
3. We do not provide telephone technical support. Support is provided via email.
A. Where the Contract includes our Domain Registration and Renewal Service:
1. we will endeavour to procure the registration of the domain name you request
2. we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.
3. we shall not act as your agent or on your behalf in any dealings with domain name registry.
4. the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should consider.
5. you are responsible for ensuring that you are aware of the terms so that you can comply with them.
6. the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar.
7. we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.
8. 16.1.8. you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.
B. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
C. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 30 days and 7 days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account.
D. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with these terms and conditions.
E. The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.
F You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.
INTELLECTUAL PROPERTY RIGHTS
A. You, retain all intellectual property rights in your material, and you grant to us a worldwide, non-exclusive, royalty free licence to use, store and maintain your material on our servers and publish it on the Internet for the purpose of providing the Hosting Service to you.
B. You warrant that your material does not infringe the intellectual property rights of any third party and you have the authority to grant the licence to us. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your material.
C. You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your material infringes, or allegedly infringes, the intellectual property rights of a third party.
D. If you download software from our website, we grant you a non-exclusive, non-transferable royalty free licence to use that software for the purpose set out on our website in relation to that software. Such licence will automatically terminate when we terminate providing the Hosting Services to you.
E. Any third party software that you download from our website shall be licensed to you on the standard software licence terms of the owner of the intellectual property rights in that third party software as those licence terms are notified to you at the time you download such software.
F. We retain all intellectual property rights in the Hosting Services (other than in your material) and our software. You must not decompile, disassemble the Hosting Services or our software.
G. We will defend you against any claim that the Hosting Services infringe any United Kingdom intellectual property rights of a third party, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:
1. you give prompt notice of any such claim.
2. you make no admissions or settlements without our prior written consent.
3. you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense.
4. we are given sole authority to defend or settle the claim.
A. We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services.
B. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider
C. No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.
D. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
E. We do not exclude or limit in any way our liability:
1. for death or personal injury caused by our negligence;
2. under section 2(3) of the Consumer Protection Act 1987
3. for fraud or fraudulent misrepresentation
4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
F. We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:
1. loss of income or revenue.
2. loss of business.
3. loss of profits or contracts.
4. loss of anticipated savings.
5. loss of goodwill.
6. loss of software or data.
7. wasted expenditure (such as pay per click advertising costs).
8. wasted management or office time.
G. Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.
H. You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).
I. Where you buy any product or service from a third party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.
DURATION OF THE SERVICES AND CANCELLATION
A. The part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. It will continue until:
B. we have registered the domain name you have requested (the “Domain Name”) and you subsequently ask us not to renew the registration of your Domain Name
1. we terminate the supply of our Domain Registration and Renewal Service by notice to you because:
2. the Domain Name is no longer available for registration
3. you are in breach of the terms and conditions herewith
4. of some other reason preventing the registration of the Domain Name.
C. If we terminate the Domain Registration and Renewal Service under the clauses of this agreement, we will refund the price you have paid for the Domain Registration and Renewal Service to the credit card, debit card or other account you used to make the payment.
D. That part of the Contract relating to Services other than our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided for in this clause they shall continue for the minimum period of time that applies to the Service you have purchased (“Minimum Term”). After expiry of the Minimum Term, they will continue on a month to month basis until terminated:
1. by you, as a Consumer, informing us of your decision to cancel the Contract by a clear statement. This should be via online support ticket or support live chat;
2. by you, as a Business customer, informing us of your decision to cancel the Contract. This should be via online support ticket or support live chat
3. by us giving to you at least 30 days advanced notice in writing sent to the then current email address registered against your account
4. by exercising your right as a Consumer, to cancel the Contract(s) within the “cooling off period” i.e. within 14 days of purchase.
5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We request that you do this at least two working days before the cancellation date. Please note that the Cooling Off period only applies to Consumers, not Business Customers.
E As part of our cancellation process, you must re-confirm your cancellation request via our support ticket system or support live chat system or we will continue to supply the relevant Services and your cancellation will be ineffective. You cannot cancel any of your Services by letter, email or telephone.
F. The monthly price for Services we supply under Contracts that continue on a month to month basis shall be charged monthly in advance directly to a credit card, debit card, paperless direct debit or other payment method registered against your account. Such payment will be taken on the same date of the month (or if no such date occurs then on the last day of the month) as on which the Services had originally commenced (“Payment Date”) unless or until you cancel the Services in accordance with these terms and conditions.
G. We will not provide you with a refund for a cancellation that is part-way through a billing period.
H. Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our Terms of Website Use or our Acceptable Use Policy we may terminate the Contract at any time by giving you 30 days’ advance notice by emailing you at the email address registered against your account.
I. If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term
J. Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions we may terminate the Contract by 7 days’ notice to you.
K. Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.
DELETION OF YOUR DATA
1. If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system.
2. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.
1. Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.
2. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
1. All notices given by you to us must be given though our online system.
2. We may give notice to you at either the then current e-mail or postal address registered against your account with us.
THIRD PARTY RIGHTS AND TRANSFER OF RIGHTS AND OBLIGATIONS
1. Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
2. The Contract is binding on you and us and on our respective successors and assigns.
3. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
A. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
B. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
2. strikes, lock-outs or other industrial action;
3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
5. impossibility of the use of public or private telecommunications networks; and
6. the acts, decrees, legislation, regulations or restrictions of any government.
7. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
CHANGES TO OUR TERMS AND CONDITIONS
1. We have the right to revise and amend these terms and conditions from time to time.
2. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.