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As we offer a number of different services which have varying Terms & Conditions we have split them into section. You do this because 3rd party supplier for items such as domain names have their own terms & conditions, also we believe it is easier for you to find what you are looking for without having to scroll through one endless page! Please follow the links below to access each section of our terms and conditions.
SEO
Last Updated 5th April 2011
Our standard terms and conditions regarding optimisation are details below.
By placing an order with Trendy Web Design, you confirm that you are in agreement
with and bound by the terms and conditions below.
Definitions:
The Client : The company
or individual requesting the services of Trendy Web Design.
Trendy Web Design: Primary
designer/site owner & employees or affiliates.
General
Trendy Web Design will carry
out work only where an agreement is provided either by email, telephone, mail or
fax. Site SEO will carry out work only for clients who are 18 years of age or above.
An 'order' is deemed to be a written or verbal contract between Trendy Web Design
and the client, this includes telephone and email agreements.
Website Design and Optimisation
Whilst every endeavour will be made to ensure that the website and any scripts or
programs are free of errors, Trendy Web Design cannot accept responsibility for any
losses incurred due to malfunction, the website or any part of it.
The website, graphics
and any programming code remain the property of Trendy Web Design until all outstanding
accounts are paid in full.
Any scripts, cgi applications, php scripts, or software
(unless specifically agreed) written by Trendy Web Design remain the copyright of
Trendy Web Design and may only be commercially reproduced or resold with the permission
of Trendy Web Design.
Trendy Web Design cannot take responsibility for any copyright
infringements caused by materials submitted by the client. We reserve the right to
refuse any material of a copyrighted nature unless adequate proof is given of permission
to use such material.
Any additions to the brief will be carried out at the discretion
of Trendy Web Design and where no charge is made by Trendy Web Design for such additions,
Trendy Web Design accept no responsibility to ensure such additions are error free
and reserve the right to charge an according amount for any correction to these or
further additions.
The client agrees to make available as soon as is reasonably possible
to Trendy Web Design all materials required to complete the site to the agreed standard
and within the set deadline.
Trendy Web Design will not be liable for costs incurred,
compensation or loss of earnings due to the failure to meet agreed deadlines.
Trendy
Web Design will not be liable or become involved in any disputes between the site
owner and their clients and cannot be held responsible for any wrongdoing on the
part of a site owner.
Trendy Web Design will not be liable for any costs incurred,
compensation or loss of earnings due to the work carried out on behalf of the client
or any of the clients appointed agents.
Trendy Web Design will not be liable for any
costs incurred, compensation or loss of earnings due to the unavailability of the
site, its servers, software or any material provided by its agents.
Once a website
has been designed and completed the final balance of payment is then due in accordance
with our payment terms. There are no exceptions to this, i.e. If the client decides
they no longer want the site, as they have commissioned the work and paid a deposit
they are still obliged to pay for the work that has been done. Non payment will result
in legal action being taken if necessary.
Disclaimers and limitations on liability
1. Trendy Web Design shall not be responsible for URLs dropped or excluded by a search engine for any reason.
2. Trendy Web Design shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Client's receipt of the Account Service data. Trendy Web Design shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
3. Trendy Web Design do not represent or warrant that Customers' URLs will achieve a favourable position, or any position, within a particular search engine.
4. Trendy Web Design do not warrant or represent that the use or the results of the use of the materials available through the Trendy Web Design or from third parties will be correct, accurate, timely, reliable or otherwise.
5. You expressly agree that use of the Trendy Web Design services provided hereunder is at your sole risk. These Services are provided on an "as is" and "as available" basis. Trendy Web Design expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
6. Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside Trendy Web Design's control and could result in a breach of security. Accordingly, Trendy Web Design cannot guarantee that Your Account Service data information will be free from corruption or piracy. You hereby expressly waive any claim against Trendy Web Design arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of Trendy Web Design.
7. To the maximum extent allowed by law, Trendy Web Design and any of their subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder. Further, Trendy Web Design will not have any liability for any losses arising because the Trendy Web Design services are not operational or accessible. This section does not limit liability for bodily injury of a person.
Database, Application and E-Commerce Development
Trendy Web Design cannot take responsibility
for any losses incurred by the use of any software created for the client. Whilst
every care has been taken to ensure products are problem free and accurate, the ultimate
responsibility lies with the client in ensuring that all software is functioning
correctly before use.
Any scripts, cgi applications or software (unless specifically
agreed) written by Trendy Web Design remain the copyright of Trendy Web Design and
may only be commercially reproduced or resold with the permission of Trendy Web Design.
Where
applications or sites are developed on servers not recommended by Trendy Web Design,
the client is expected to provide or seek any information, additional software, support
or co-operation pertaining to the server required in order for the application to
be correctly developed. Where large applications are to be developed, it is the client’s
responsibility to provide a suitable testing environment which is identical to the
final production environment.
The client is expected to test fully any application
or programming relating to a site developed by Trendy Web Design before being made
generally available for use. Where "bugs", errors or other issues are found after
the site is live, Trendy Web Design will endeavour (but is not obliged to) to correct
these issues to meet the standards of function outlined in the brief
Compatibility
Trendy
Web Design will endeavour to ensure that any developed/designed site or application
will function correctly on the server it is initially installed in and that it will
function correctly when viewed with the web browsing software Microsoft Internet
Explorer Version 7 and to an acceptable level with Mozilla and Google browsers. Trendy
Web Design can offer no guarantees of correct function with all browser software.
Website
Hosting
Whilst Trendy Web Design recommends hosting companies to host websites, no
guarantees can be made as to the availability or interruption of this service by
Trendy Web Design cannot accept liability for losses caused by the unavailability,
malfunction or interruption of this service, or for loss of turnover, sales, revenue,
profits or indirect, consequential or special loss.
Trendy Web Design reserve the
right to refuse to handle in any way, material which may be deemed offensive, illegal
or in any way controversial, and also to terminate the free hosting service should
the necessity arise.
Payment of Accounts
A deposit is required from any new client
before any work is carried out. It is the Trendy Web Design policy that any outstanding
accounts for work carried out by Trendy Web Design or its affiliates are required
to be paid in full, no later than 30 days from the date of the invoice unless by
prior arrangement with Trendy Web Design.
Once a deposit is paid and work completed
you are obliged to pay the balance of payment in full. We will contact clients via
email and telephone to remind them of such payments if they are not received when
due.
If accounts are not settled or Trendy Web Design have not been contacted regarding
the delay, access to the related website may be denied and web pages removed, we
will then pass such cases to the Small Claims Court to pursue payment, non payment
can result in county court judgements (ccj's) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client
in question, with a view to taking the matter further and if need be to seek payment
through legal procedures, and if necessary court summons.
Complaints Procedure
Anyone
who experiences a problem with the web service provided by Trendy Web Design should
raise the matter directly using our online contact form to do so, giving sufficient
information to locate the material (such as an url) and clearly outlining the grounds
for complaint.
Trendy Web Design will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.