- Byte Insight: T and Chris Davies-Barnard, trading as Byte Insight (see ByteInsight.co.uk or BristolWebsiteDesigner.co.uk) (formally Web-Ethical.co.uk). Hereafter ‘we’, ‘our’, ‘ours’, ‘us’.
- The Client: The company or individual requesting our services. Hereafter ‘you’, ‘yours’.
- System: Website, Script, Program or Custom Application developed by us, a community or a third party.
- We will carry out work only where an agreement is provided either by email, telephone or mail. An ‘order’ is deemed to be a written or verbal contract between us and the client, this includes telephone and email agreements.
- All invoices will be based on a quotation which has been agreed between us and the client. Quotations are valid for 30 days, and are based on our advertised charges – we reserve the right to increase rates in the future. The quotation is subject to amendment if you later request alterations, or require extra work.
- 40% of the quotation cost is due at the time of placing the order. The invoice for the remaining balance (60%) will be issued on completion of the work. Completion of the work is the date when all the work originally quoted for is fulfilled. The system will be available for public viewing at the location chosen by the client 48 hours after payment of the completion invoice unless otherwise agreed.
- All requested work must be paid for. Non payment will result in legal action being taken if necessary.
- We do not currently charge VAT for our services.
Non-payment, or late-payment of accounts
- We provide System Design and Web Hosting facilities to other small businesses in an ethical way, and we expect our clients to treat us in the same way. As a small company, we don’t have a team of administrators to chase unpaid invoices and can’t withstand delays to payments. Our low charges to you are only possible if we can maintain a balanced cash-flow.
- All invoices and accounts issued by us are due for immediate payment, unless otherwise agreed in writing.
- We reserve the right:
- to suspend hosting if any invoice due is in arrears by more than 28 days
- to make an additional daily charge, for any accounts not settled on time, equivalent to 10% above Bank of England Base Rate
- to take legal proceedings through the courts to recover any unpaid debts, and to recover out-of-pocket expenses incurred through these proceedings.
- In the event that hosting is suspended due to non-payment of invoices we reserve the right to:
- decline to provide further hosting services
- charge a reactivation fee equivalent to one years hosting charges – payable before the website is reactivated
- To design and build your system and to contact you we require your name, address, phone number, email address, etc.
- Your information will not be shared with individuals or other companies (such as direct mail organisations or other third parties) unless required by law and will not be used for marketing.
System Design and Development Work
- Whilst every endeavor will be made to ensure that the system and any scripts or programs are free of errors, we cannot accept responsibility for any losses incurred due to malfunction of the system or any part of it.
- We will not be liable for any losses incurred through 3rd party applications or community based systems e.g. WordPress, Joomla or their listed extensions.
- The system, graphics and any programming code remain the our property (unless submitted by the client) until all outstanding accounts are paid in full.
- Any scripts, cgi applications, php scripts, or software written by us remains under our copyright and may only be commercially reproduced or resold with our explicit permission.
- We 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 original quote will be carried out at our discretion and subject to charge at the standard hourly rate.
Limit of liability
- The content of your system is your responsibility and We are not liable for any claims made against you arising from the content of your system.
- We can accept no liability for systems hosted outside our control – i.e. our liability ceases if we cease to arrange the hosting of your system.
- We do not knowingly undertake work on any systems that are *live trading or mission critical systems; *application service provision; *games development; or have *similar strategic importance, or where failure of a system could result in *loss of life or injury to a person; *destruction or damage to physical property; or *cause significant financial loss.
- If you believe that your system will fall into the category of being of “strategic importance” then it is the clients responsibility to inform us of this fact.
- We will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- We 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.
- A good system is created from good communication. It is very important that you communicate your ideas to us clearly, concisely, and in a timely manner. It is important that you check and/or test the system as requested.
- The target completion date is a mutually agreed date for completion of the system. It is important that you ensure that you devote time to the project to produce information, review progress, and thus ensure that the project proceeds unimpeded. In the event that we are prevented from progressing with the creation of the system because we are waiting on responses from you, we reserve the right to impose a daily ‘waiting charge’ of £25/day and will not be responsible for any financial loss due to the delays incurred.
- Where e-commerce solutions involve the use of PayPal (or alternative payment system), We recommend that you are conversant with the providers Terms & Conditions before choosing to use their services.
Amendments, updates, and alterations to the system
- We hope that designing your system will be the start of a long-term working partnership, and we do not walk away when the design work is finished.
- For a period of 14 days (from the date on which the invoice was paid) we will provide telephone and email support to help you make changes to your system.
- On rare occasions we may make alterations to your system without informing you – these would only be minor background changes which would not affect the material content of the system (e.g. changes to the code to make the system work better).
- We will help you to improve or alter your system at any time in the future.
- All changes to the system must be done through the user interface provided or by our developers. We are not liable for any changes which you (or a another developer under your instruction) make to the system. Any remedial work needed because of client error will be charged at our normal hourly rate.
Website Search Engine Optimisation
- Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites.
- The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally.
- We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
- We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes and/or progress made by your competitors to their websites.
- We use best practice, ethical techniques (known as ‘white hat’) when optimizing websites. We aim to achieve a top ten ranking for your website within six months of undertaking the optimization process.
- Payment for SEO is required in advance and we are unable to offer any refunds.
- Our reason for providing hosting is to streamline the relationship between a client and their hosting company because in our experience the problem can arise when dealing with third parties on behalf of a client.
- The way we provide hosting is by reselling hosting provided by a larger supplier. Our hosting is currently provided by Nativespace.
- We provide web and email hosting on the same terms and conditions as our suppliers, and ‘Nativespace’ Terms and Conditions are currently available here (correct as of 27th May 2011)
- We recommend that you are conversant with the full Nativespace’s Terms & Conditions before choosing to use our hosting.
- However, we would make you aware of the following:
- 14.3: We make no warranty that the Goods Services will meet your requirements or that the Services will be uninterrupted, timely or error free. We will not be responsible if we are unable to provide access to or use of our Website or the Services for whatever reason.
- 14.8.1: We shall not be liable to you for any loss or corruption of data or any loss of profit, loss of production, financial loss, depletion of goodwill or any indirect loss, damage, costs or expenses whatsoever which arise out of or in connection with:- (d) Services provided by us.
- 23: The Company makes backups at regular intervals. These backups are in no way guaranteed, and the Customer is responsible for backing up data remotely. The customer acknowledges that the company is not liable for any loss of data for whatever reason.
Last updated 27th May 2011.