We use British English throughout this page.
In this document:
- Someone who hires Brian Austin or SoftRight Services is referred to as the Client.
- SoftRight Services is referred to as the Company, and
- The Copyright Owner is someone who owns the legal copyright to a document, graphic or other item.
- Throughout this website, the phrase website development or Website Development means creating a new website, or repairing an existing website, or upgrading various parts of an existing website.
2. Domain Names and Web Hosting Charges
Normally, for typical domain name extensions such as .com, .net, .org, and .co.uk, we use third-party domain name registrars like Godaddy.com, Godaddy.co.uk, and 123-reg.co.uk.
If you ask us to register and manage domain names on your behalf, acting as your agent, we collect only the information that we need in order that we can provide you with the Service you have bought from us. We do not share your information with third parties for marketing or other similar purposes.
if you buy a domain name registration licence through SoftRight Services, since you would be the domain name owner or "Registrant", we are required to inform the domain name registry authorities of your name and contact details.
Domain name registration information can appear on the "WHOIS" server and will be available on the Internet.
By ordering such a service your are deemed to have given your consent for the transfer of your personal information to the publicly available "WHOIS" server. If you do not wish your details to be made public, please contact us.
Payment for annual domain name and web hosting charges are due from the date of first registration of the domain name, and / or from the date from which web hosting space is requested.
Domain names and web space hosting are normally automatically renewed annually usually 30 days before they are due to expire — unless canceled in writing to the Company by the Client. Payment for both domain names and web hosting fees are due on receipt, when an invoice is sent by email from us, or from our secure invoicing service. Domain names invoices and Web hosting fees must be paid in a timely manner to ensure the Client's web presence and email facilities are maintained.
Timely payment of domain name fees when they become due ensures the Client continues to maintain the right to use any such domain names, providing no relating terms and conditions have been broken.
In situations where a domain name renewal is not required, if the domain name was ordered through the Company, a cancellation notice must be provided to the Company no later than 25 days before the domain name renewal date. Otherwise, a renewal charge may be made.
In situations where web hosting is no longer required, a cancellation notice must be given to the Company no later than 25 days before the annual web hosting renewal date. Otherwise, a renewal charge may be made. Depending on the stage in time of the life of your Service, if you decide to cancel a service, different cancellation fees may apply.
If the Client wishes to move the web site(s) to another Internet Service Provider, the Company will provide an up-to-date copy of the web site as a file download, and perform an orderly decommission of the site, for a charge based on the current rate.
Work is only carried out against the Client's specific instructions and under these Terms and Conditions and is never performed speculatively or conditionally.
Impressive as the Internet is, it is not a perfect solution. Email is not a guaranteed safe method of sending and receiving documents and therefore should not be relied upon — especially in situations where delivery is essential for timeliness or legal reasons.
Furthermore therefore, the Company cannot provide any guarantees as to the availability, quality, speed, reliability, or any other factor, relating to the Client's web site provision and / or email performance.
We also strongly suggest that the Client purchase, install and continuously use a suitable anti-virus and anti-malware security protection program(s) and ensure that the software anti-virus tables are kept up-to-date.
Often, anti-virus software providers include set-up commands that allow automatic updates to be made, making the updating tasks much easier. Clients should evaluate their own needs or take suitable professional advice about protecting their specific network set-up.
We do not recommend the Client accepts any email messages that contain attachments, especially those from unknown sources, due to the increased risk of infection from computer viruses. Furthermore, if the Client uses a permanent connection to the Internet, such as Broadband, we recommend a suitable Firewall be put in place to provide better security.
The material used within the web site provided by the Company, may not be used outside of the web site for which it was intended, copied, distributed or used for any other purpose whatsoever, without express written permission by the Company.
The Client warrants that the web site and email facilities provided through the Company will not be used for displaying or providing illegal, adult or warez material that is in violation of any State, Federal or Local regulation, including but not limited to:
- Por*n*og*raphy, er*o*tic, ob*sc*ene or le*wd imagery or content by whatever means, including audio, video or music files.
- Material that may offend anyone's religious, se*xual or cultural beliefs.
- Promote violence, terrorism or any other illegal acts.
- Materials not considered being acceptable for general public viewing or access.
- Materials such as illegal copying of software, CD-ROMs, DVDs, MP3 files, and emulators.
- Promoting or providing information about hacking or other techniques designed to gain illegal access to other systems and networks.
Furthermore, the Client warrants that under no circumstances will any email tools provided by or through the Company be used to send Unsolicited Commercial Email (UCE), otherwise known as unsolicited or uninvited bulk emailing or "spamming". If this rule is broken, the Company reserves the right to terminate without rebate or recourse all web hosting and email accounts provided by or through the Company.
The Company will not be held responsible for any loss or damages that result through any changes in performance or unavailability of the web site or email facilities. If the Client is dissatisfied with the current performance, after discussions with the Company, an alternative plan can be agreed.
The Company reserves the right to place a discreet back-link usually at the bottom of the Home / Index page of any web sites created by the Company, stating that the web site was created by the Company or through its domain name. This link will always open a second window so that any visitor who clicks this link still has direct access to the Client's web site. Continued presence of a company back-link also assures our software and content suppliers, that use of their software or content on a website is legal and authorised.
All contracts entered into are governed by and shall be construed in accordance with the Law of Scotland.
4. Ownership of Copyright and Goods Supplied
When the Client requests the Company to complete work tasks, the Client is guaranteeing to the Company that any elements of text, graphics, photos, designs, trademarks, or other artwork that the Client provides to us for inclusion in the web site, are either owned by the Client, or that the Client has express permission to use them from the copyright owner, for the purposes of the work tasks requested by the Client.
The Client warrants that any materials supplied to the Company for use on the Client's web site are provided on the basis that the Client already owns or has obtained due entitlement, copyright, and permission to use such materials, and gives the Company permission to use these materials without cost. Furthermore, the Client indemnifies the Company against any costs or damages that may later result from the use of such materials.
Copyright in texts, drawings and graphics created by the Company and ownership of goods supplied pass to the Client upon payment for the work or goods and expenses. The Company retains the copyright of any web designs it creates but grants a perpetual license to the Client for their use on receipt of full payment.
Copyright on specific images — such as photos taken by any third parties — remains with the original Copyright Owner unless an alternative specific agreement is agreed between the Copyright Owner and the Client.
The Client may not resell any images provided by the Company or third parties, or re-distribute such images in any format or media, including print, in any way without prior written permission from the Copyright Owner.
In some circumstances, the Company may be in a position to provide suitable images or photos for use on the Client's web site. Unless otherwise stated, such 'Stock' image licences can be purchased. Please contact us for details.
Additional images that focus on specific niches, may be available from external parties may also be available: specific price quotations for these images are available on request.
Images for web site use are supplied in standard web formats such as: GIF, JPG / JPEG, PNG, or SVG. Images provided by the Client can be scanned, manipulated and resized as appropriate for web site use. The Company cannot guarantee that any copies of images supplied for scanning, will be returned; therefore, please send only copies, not originals.
Work is undertaken with a guarantee of confidentiality. No disclosure or publication of the Client's material takes place without the Client's specific instruction or permission. Subcontracted work (e.g. translation, photography, specialist illustration, printing, etc.) is entrusted only to reputable individuals and companies who undertake to maintain professional confidentiality.
Care is taken to ensure that unauthorised persons do not gain access to Clients' information. Briefing material is returned to the Client. Un-required papers bearing a Client's information are shredded before disposal.
Valuable items (e.g. camera-ready copy, originals of artwork) and confidential documents are personally delivered or sent by reliable couriers Datapost or Registered Post.
While all reasonable care will be exercised to protect Clients' property from loss or damage, it is the responsibility of the Client to insure their own property against loss or damage due to any cause. While every effort will be made to comply with the Clients' requirements as to required dates for completion of work and the supply of goods, no responsibility for incidental or consequential losses due to failure to complete work or supply goods or for late completion or delivery can be accepted.
In the rare and unlikely situations where the Company may handle email inquiries on behalf of the Client, the Company will not accept any liability for bookings that are not completed, nor for any resulting liability that may result. The Client is totally responsible to arrange, follow up and confirm any bookings directly with their customers.
7. Quotations and Confirmations
Before accepting a project, a representative of the Company will discuss the Client's requirements. On acceptance of a project, we will then provide a written quotation by email.
Quotations and estimates unless otherwise stated shall be open for acceptance within 10 days of the date thereof, unless we stipulate a different number of days.
After we receive your written confirmation by email or postal mail, a firm timescale for delivery and estimated completion date can be provided.
8. Fees and Disembursements / Disbursements
The Company may provide a fixed fee quotation or estimate to complete a single project, website, or software update. We believe that a fixed fee quotation or estimate provides greater clarity than hourly rate pricing. However, in some circumstances, as agreed with a client, we may provide service costs based on hourly rates.
For new custom website creation projects, when a contract at an agreed price is made with the Client, a 80% advance of the total fee is usually required in order to start the project, as in most cases, a substantial amount of pre-work may have already been completed. The final 20% cleared payment will become due at least 1 day before the new website is to be made live and available on the public world wide web.
For estimates, additional fees may become due if after starting work on a project, on closer inspection, the time to complete is consider to be longer than expected, and / or additional cost items, such as licences, software, etc., are required to be purchased on behalf of the client, that were not immediately obvious earlier. Additional fees may become due at the time of identification. We will advise clients as soon as possible. Some such extended projects cannot be completed or continued until the additional fees have been paid by the client.
For website upgrade projects, we will provide a fixed fee quotation to complete the tasks outlined. Payment in full is required before the website upgrade or update can be started. Sometimes, a website upgrade can incur additional fees if unexpected additional requirements emerge during a website upgrade. If additional costs are required, we will advise the Client as soon as possible, and send an invoice to cover each item. Payment of these invoices must be completed in full before the upgrade can continue or be completed.
Where heavy outlay on the Client's work is planned, additional funds may be required in advance from the Client. Once work on a project has started, no refunds are available since time and cost outlay will have already been incurred by the Company, and alternative projects may have been rejected to ensure that the Client project receives priority attention.
For ordinary postage in the UK, we will charge at the current rate of first class postage. Special postal and telephone services (e.g. facsimile transmissions, Royal Mail Special Delivery, Datapost, courier services, etc.) and non-local telephone calls and facsimile transmissions are charged at cost.
Nett refunds of expenses for authorised journeys and activities away from the office will be claimed, unless a previous agreement has been made, or for local visits, a first free visit has been agreed. Car mileage is charged at the current RAC rate per mile for journeys up to 50 miles from the office, and at the equivalent of 1st Class rail travel thereafter. For projects that involve international travel, a custom fee will be presented and agreed in advance, based on expected costs.
Traveling time will normally be charged at the current fee rate, but is subject to concession according to the extent of the work involved. VAT will become chargeable as and when appropriate. However currently, VAT is not chargeable.
Invoices will be submitted by stages, at intervals, at completion of work, or on delivery of goods. Accounts are nett, payable in full before work is started, on completion of the work project, or completion of a project milestones, or within 15 days of completion, depending on prior agreement. Time for payment shall be of the essence of the contract.
International customers, please pay in US dollars via PayPal.com, made payable to Brian Austin / SoftRight Services. Secure PayPal email invoices will be provided as required. UK and EU customers, please pay in UK pounds, made payable to Brian Austin / SoftRight Services.
Without prejudice to any other rights, if the Client fails to pay the invoiced sum by the due date, the Client shall pay interest on any overdue account from the date of which payment was due to that on which it is made (whether before or after judgment) on a daily basis at the rate of 8 percent per annum above the current Bank of England base lending rate and reimbursed to the Company with all costs and expenses (including legal costs) incurred in the collection of any overdue account. Compound interest is also due on the entire outstanding debt for as long as the entire debt remains.
Notwithstanding the acceptance of a Client's order and the existence of a contract of service, the right is reserved to suspend work for a Client whose payments are in arrears.
No individual Terms of Service conditions listed on any specific Internettips.com legal web page, exclude any other Terms of Service conditions found on any of our other legal pages within Internettips.com.
Any notice to be given under these Terms and Conditions shall be in writing and sent by email, facsimile transmission or forwarded by first class prepaid registered or recorded delivery post to the receiving party at his business address as last notified in writing to the other party and shall be deemed to have been given on the date of such email, facsimile transmission, or postage, on the day following that on which the notice was posted.
Any changes made to these Web Design Terms and Conditions must be agreed in writing before any new conditions apply, and such changes may be subject to a further fee to cover additional time and resources as may be necessary.
Date of issue: March 15, 2013. Updated: May 16, 2018.
Scottish office address: Brookside, Clachamish, PORTREE, Isle of Skye, Scotland, IV51 9NY, United Kingdom.