Terms and Agreement
The following terms and conditions document is a legal agreement between the “Freelancer(s)” working for “AmacOnline” and “Client” for the purposes of web site design / development / instalment. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
Acceptance of work
When the Client places an order to purchase a web site or any web site updates from “AmacOnline”, the order represents an offer to “AmacOnline” to purchase the web site or web site update/upgrade which is accepted by “AmacOnline” only when an invoice is sent to the Client for payment. Any other services in the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoices are correct and should print and keep a copy for their records.
“AmacOnline” reserves the right to withdraw/change/increase the £ amount should the Client wishes to add/order/request further services. “AmacOnline” also reserves the right to withdraw from contract at any time prior to acceptance.
Permission and copyright
All pages, images, text and code on “AmacOnline” web site at http://www.AmacOnline.co.uk is copyrighted material.
Client and any visitors to the “AmacOnline” web site at http://www.AmacOnline.co.uk may not use any of the pages, images, text or code on the web site for use on Client’s or visitors own web site or to create a web site or templates without prior written permission from “AmacOnline”.
Copyright of the completed web designs, images, pages, code, templates, plugins and source files created by “AmacOnline” for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with “AmacOnline”.
Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and “AmacOnline”.
Client hereby agrees that all media and content made available to “AmacOnline” for use in the project are either owned by the Client or used with full permission of the original authors.
The Client agrees to hold harmless, protect and defend the freelancer(s) on “AmacOnline” from any claim or suit that may arise as a result of using the supplied media and content.
Client agrees that “AmacOnline” and the freelancer(s) working for “AmacOnline” may include development credits and links within any code designed and built by “AmacOnline” and the “freelancer(s)” working for “AmacOnline”.
Client agrees that “AmacOnline” reserves the right to include any work done for the Client in a portfolio of work.
“AmacOnline” reserves the right to refuse to handle:
- a) Any media which is unlawful or inappropriate;
- b) Any media which contains a virus or hostile program;
- c) Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
- d) Any media which constitutes a criminal offence, infringes privacy or copyright
- e) Any other questionable media at “AmacOnline” s own discretion.
Domain and Hosting
Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless “AMACONLINE” from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service.
Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which “AmacOnline” requires to upload the web site if required as part of a project.
“AmacOnline” reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.
Hosting with AmacOnline
Should the Client wishes to host their website with AmacOnline, a hosting fee will be required to pay monthly to AmacOnline via Subscription payment through PayPal. Cost depends on the service and requirements the client requires.
Hosting fee does not include any maintenance fee, technical support, content update/renewal or any other website related products or services.
Should the client provide their own domain registered under their name, it is the client who is responsible for their domain renewal and any other domain related matters. “AmacOnline” therefore, cannot be hold responsible should the Domain name servers wish to block it or stop letting the domain be used by the client.
In the event of a missed hosting payment, AmacOnline will allow a 30 day grace period, after which we reserve the right to discontinue service. If payment is made within the grace period, along with arrears at the agreed rate, services will continue uninterrupted as agreed.
All alterations for web sites projects are to be requested in writing either by email or postal mail by the Client.
After the specified allowed hours of alterations/updates/additions/maintenance have been completed, “AmacOnline” reserves the right to advise the Client as such and send a separate quotation to the Client and to request payment for any further alterations/updates/additions/maintenance.
“AmacOnline” reserves the right to request payment for further alterations/updates/additions/maintenance before continuing work. Upon completion of an agreed design the Client is asked to confirm in writing by email or postal mail that the design is signed off as complete and agree that any further design/alterations/updates/additions/maintenance are chargeable.
Client agrees to provide any needed information and content required by “AmacOnline” in good time to enable “AmacOnline” to complete a design or web site work as part of an agreed project.
Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. “AmacOnline” agrees to try and match the design as closely as is possible when building the code.
“AmacOnline” endeavours to create pages that are search engine friendly, however, “AmacOnline” gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall “AmacOnline” be held liable for any changes in search engine rankings as a result of using “AmacOnline” code. If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that “AmacOnline” can apply a nearest available alternative solution.
After site completion, a Client or a third party of their choosing may wish to edit their web site code for them to make updates. However, the Client agrees that in doing so they assume full responsibility for any issues which occur as a result of changing the code themselves. If Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then “AmacOnline” reserves the right to quote for work to repair the web site.
“AmacOnline” reserves the right to assign subcontractors in whole or as part of a project if needed.
Client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure.
All communications between “AmacOnline” and Client shall be by telephone, email, Skype or postal mail, except where agreed at “AmacOnline” ‘s discretion.
You also understand and agree to our WordPress CMS Terms and Conditions below:
Free WordPress Theme with “AmacOnline”
“AmacOnline” will always be the owner of the WordPress Themes provided on “AmacOnline”.
“AmacOnline” will install WordPress / MySQL or any other Plugins or software required to run WordPress themes.
You Agree that the Free WordPress Themes will always belong to “AmacOnline”.
You understand that WordPress Themes cannot be modified – however, a charge may be applicable should there arises any situation that you need modification some part(s) of your website. You understand that the charge may vary based on your need and the hourly rate to implement your need.
WordPress Themes are available for anyone who would like to Host with “AmacOnline”, therefore, should you require a unique theme for your business then you will pay for the development of the theme.
You agree not sell/giveaway our WordPress Website package to 3rd parties.
You may not claim that you designed templates installed on your Website by “AmacOnline”.
You can use the WordPress Website package for your personal website.
You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company. “AmacOnline” will pursue legal action for any losses resulting from your misuse of our content.
Image Usage: All images used in our WordPress Websites are copyrighted by their respective owners and are subject to limited use. You do not have rights to reuse the images in their modified or present forms anywhere else. Furthermore, you do not have any rights to redistribute/license/sub license/lease the images used in our WordPress Websites in their modified or present forms under any circumstances.
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of “AmacOnline” .
The “AmacOnline” WordPress website may contain third party content and links to third party websites that are not owned or controlled by “AmacOnline”. “AmacOnline” has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or websites or any other contents. In addition, “AmacOnline” will not and cannot censor or edit the content of any third party site. By using the WordPress website, you expressly relieve “AmacOnline” from any and all liability arising from your use of any third-party website.
In order to access some features of the WordPress website, you will have to create an account. You may never use someone else’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. “AmacOnline” will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses to “AmacOnline” due to such unauthorized use.
“AmacOnline” shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. Client agrees that “AmacOnline” cannot guarantee correct functionality with all browser software across different operating systems.
Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, “AmacOnline” reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.
All prices are exempt of VAT.
All invoices must be paid in full within 7 days of the invoice date and “AmacOnline” will carry out work only where an invoice has been paid by the Client for the work, unless otherwise agreed at “AmacOnline” ‘s discretion.
Additional work requested by the Client which is not specified in the agreed “Website Proposal” is subject to a separate quotation and “AmacOnline” reserves the right whether to quote or accept additional work. If additional work is accepted by “AmacOnline” this may affect timescale and overall delivery time of the project.
The Client can choose either to pay the full cost in one payment or split the cost into 2 separate payments but will need to be agreed with “AmacOnline” . Should the cost be split into 2 payments then the first half of the payment will amount to at least 50% of the total project cost. This payment is to be received before work commences and the second payment to be received once the development site is signed off and prior to the handover of finished files.
Once an invoice is sent to the Client it must either be paid either by bank transfer, PayPal to ““AmacOnline” ” and sent with proof of posting to “AmacOnline” ’s main postal address.
“AmacOnline” reserves the right to decline further work on a project if there are invoices outstanding with the Client.
Client may request that the “AmacOnline” cancel a project in writing by email or postal mail to “AmacOnline” and the project is cancelled only if “AmacOnline” confirms work has not been started on the project. If “AmacOnline” has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay “AmacOnline” for the work that has been carried out.
All invoices are submitted by email except where required otherwise by regulations or agreed at “AmacOnline” ‘s discretion.
“AmacOnline” reserves the right to remove its work for Client from the Internet if payments are not received.
Liability and Warranty Disclaimer
“AmacOnline” provides their web site and the contents thereof on an “as is” basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. “AmacOnline” cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The Client agrees “AmacOnline” is not liable for any bugs, performance issues or failure of their, or third party, web-based software.
“AmacOnline” endeavours to provide a web site within given delivery timescales to the best of it’s ability. However, the Client agrees that “AmacOnline” is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale. The Client agrees “AmacOnline” is not liable for absence of service as a result of illness or holiday.
The Client agrees “AmacOnline” is not liable for any failure to carry out services for reasons beyond it’s control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
“AmacOnline” is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from “AmacOnline” to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, “AmacOnline” cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files, errors are found in code “AmacOnline” has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then “AmacOnline” can correct these errors for the Client at it’s own discretion.
If after handover of files, errors are found in code “AmacOnline” has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, “AmacOnline” can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.
Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, “AmacOnline” reserves the right to cancel forthwith any projects and invoice Client for any work completed.
“AmacOnline” shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if “AmacOnline” has been advised of the possibility of such damages.
There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend “AmacOnline” and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.
“AmacOnline” may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards.
“AmacOnline” reserves the right to quote for any updates as separate work. Client agrees “AmacOnline” is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold “AmacOnline” harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
Client agrees to use all “AmacOnline” services and facilities at their own risk and agree to defend, indemnify, save and hold “AmacOnline” harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against “AmacOnline” or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.
Client also agrees to defend, indemnify and hold harmless “AmacOnline” against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.
“AmacOnline” and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about “AmacOnline” to another party.
“AmacOnline” and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
“AmacOnline” reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. “AmacOnline” shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation. This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract will remain valid and enforceable by law. Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts. “AmacOnline” reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at “AmacOnline” s web site with a date of last update.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
The Client fully accepts these terms and conditions and acknowledge that these Terms and Conditions may be subject to change without notice and your continued use of the Site following any changes will mean that you are deemed to have accepted such changes to these Terms and Conditions.