Web Site Packages

1. The initial start-up fee varies from package to package
2. The start-up fee is non-refundable except if you cancel your contract within 5 days of accepting the design
3. The start-up fee can be paid using our bank transfer (BACS), cheque or PayPal
4. The start-up fee covers all development work including, creation and/or adaptation work for site design, entry of site content and setup of all functions
5. Once a start-up fee has been received we will endeavour to have your site live as soon as possible. This process usually takes at most 14 working days
6. Once a start-up fee has been received it will be important for us to receive any information and web site content you want present on the site. Failure to provide this information promptly may delay your site's live date
7. The monthly lease fee varies from package to package
8. Draft designs may differ from the finish finished web site
9. The date that we receive your start-up fee acts as your first day of lease. This is the day that all lease payments will be taken from your account
10. When you sign-up, the first month's fee will be taken immediately. The fee will be taken each month until the contract is cancelled
11. The lease runs on a month-to-month basis which you are able to cancel at any time 
12. Your lease payments are guaranteed for the first 12 months, after this period we reserve the right to increase the price of the lease. We will provide you with 2 months notice before any price increases
13. If you fail to pay a monthly lease payment, we will contact you. Provided you make the payment within five working days, no further action will be taken. However if you fail to make payment within this time the site will be taken offline and will be put up for sale
14. Domain name transfers may be charged if you cancel your contract. This is to cover transfer and administration fees incurred
15. Domains will not be transferred until your account balance has been cleared.
16. Domain names are not refundable and charges for these will not be refunded

Terminology used:

A 'Client' is a person, persons, business or organisation using any of the services provided by Faversham Designs.

'Content' or 'Data' is both text and images that the client requires on the website.

'Domain' is the website address used for the leased website.

'Live Date' will be the date from which a clients leased site is made available on the Internet. See 'Going Live'.

'Going live' means that the web site is active on the customer's chosen domain name i.e. the site is no longer solely accessed from the temporary URL but can also be accessed from the customer's domain name.

'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).

A 'Project' is any work or service provided by Faversham Designs for the client as described in our initial proposal and confirmation signed by the client.

'The Payment Period' shall be the time allowed by Faversham Designs for receipt of all monies owed to Faversham Designs by the client.

The contract between Faversham Designs 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.

General

Authorised representatives of the client certifies that he or she is at least 18 years of age and legally capable of entering a contract in the UK on behalf of the client.

Faversham Designs will provide training by e-mail, instant messenger and telephone assistance to the Client's designated employees regarding management of the client's web site.

Faversham Designs cannot be held responsible for anything adversely affecting the client's business operation, sales, or profitability that they might claim is a result of a service offered by Faversham Designs.

It is the client’s responsibility to check with Faversham Designs that open source software is being used or not.

We do not charge customers for open source software. If there is a charge for a website using open source software, you are paying for the installation time and setup. Open source software is not owned by Faversham Designs or our Client.

Product

Faversham Designs will only commence work on a project after receipt of the start-up fee from the client.

The start-up fee paid to Faversham Designs covers the cost of design and adaptation work carried out.

Once a start-up fee has been received it will be important for us to receive any information and website content you want present on the site. Failure to provide this information promptly may delay your site's live date.

The works to be carried out shall be as set out by Faversham Designs for the Client in our initial Proposal and / or the service order.

During the design and setup stage of the project Faversham Designs encourages Client participation and will regularly keep Clients updated in regards to the design of their leased site.

Once a site is live Faversham Designs will be pleased to provide two minor site updates free of charge on request of the Client, each month. However any Client requests deemed to be a 'major site modification' may require additional payment that will be negotiated between Faversham Designs and the client.

Faversham Designs will endeavour to make requested updates to the site with seven working days however at times, waiting times may be longer.

Faversham Designs will host the website as part of the monthly lease payment. In doing so we will endeavour to provide a reliable and professional service to the client at all times.

Faversham Designs will pay for domain name renewal fees each year for one domain name for each site leased with Faversham Designs. Additional domain names can be purchased through Faversham Designs but clients will be charged to renew these.

Faversham Designs is unable to guarantee any specific placement on search engines because often this is out of the Company's control. However our experts will endeavour to ensure our Client's leased site is as highly placed as possible in search rankings.

Domain names will be registered by Faversham Designs. Faversham Designs is the legal owner of the domain unless a domain is provided by the Client, in which case the Client remains owner of the domain but not any of the design or code provided by Faversham Designs.

If the client's website requires the ability to accept credit cards for online clearing, the Client will need a Merchant Bank Account or PayPal account to be able to do this. The client understands that any charges necessary to secure the Merchant Bank Account are not covered by this agreement.

Faversham Designs will do their up-most to maintain the service during periods of high traffic, although we cannot predict the expected level of traffic for the Client. Faversham Designs cannot be held responsible for any loss or damage to the Clients business claimed as a result of server failure and / or downtime. The Clients understands that any loss or damage to their business is specifically not covered and excluded under the terms of this agreement.

These terms and conditions include leased sites with e-commerce connectivity. It is important for the Client to understand that these sites can be sensitive due to their use of end-user confidential information. Faversham Designs will endeavour to use the latest security hosting technologies available to protect Clients end users however, depending on the complexities of a Client's request, additional charges may apply.

Faversham Designs will provide the Client with an estimated live date if requested. If by fault of the Company we fail to have a site live within a reasonable period of time, the leasing dates will be moved in line with the delay.

If the client or an agent of the client other than Faversham Designs attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, Faversham Designs will endeavour to correct the problem as promptly as possible. Faversham Designs reserves the right to charge for any time spent doing this.

Clients are prohibited from using external companies to ‘buy links’ for the leased site. This activity is against most search engines terms and conditions and will result in your lease being cancelled without notice.

Ownership

Faversham Designs owns all design and code of the leased website. Clients are able to purchase their leased product after 12 months of the lease have been completed. The purchase price for the lease shall be negotiated between the Company and the Client on request of the Client.

Rights to photos, graphics, source code, work-up files, database files and computer programs are specifically not transferred to the client, and remain the property of Faversham Designs. Faversham Designs and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.

Payment

The date that we receive your start-up fee acts as your first day of lease. This is the day that all lease payments will be taken from your account.

The lease runs on a month-to-month basis which you are able to cancel at any time. We will never cancel your lease unless you fail to pay a monthly lease payment.

Your lease payments are guaranteed for the first 12 months, after this period we reserve the right to increase the price of the lease. We will provide you with 2 months notice before any price increases.

If you fail to pay a monthly lease payment, we will contact you. Provided you make the payment within 5 working days, no further action will be taken. However if you fail to make payment within this time the site will be taken offline and will be put up for sale.

Liability

Faversham Designs shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the business will operate legally within UK law.

Where images used on the website have been purchased by Faversham Designs on behalf of the client, these images are strictly for use on the website only. Faversham Designs is 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.

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 Faversham Designs, they will be the sole responsibility of the client.

Faversham Designs has no control of, or responsibility for, the content of our client's web sites. In no way does the textual or image based content of our client's web sites constitute Faversham Designs endorsement, or approval of the web site or the material contained within the web site. Faversham Designs 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. Faversham Designs 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 we do not guarantee or warrant that such links will point to the intended client site at all times.

Faversham Designs is not liable for loss, damage or corruption to files or information stored on our servers or individual PC's relating to a client's website. The client is solely responsible for any information or files relating to their website.

Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or Faversham Designs. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. If this is found to be the case, then Faversham Designs reserves the right to switch off the Clients web site without notice.

Client hereby agrees to indemnify and hold harmless Faversham Designs from any claim resulting from the Client's publication of material or use of those materials. It is also understood that Faversham Designs will not publish information over the Internet which may be used by another party to harm another. Web Leasing LTD will also not develop a pornography web site for the Client. Faversham Designs reserves the right to determine what is and is not pornography.

Client agrees that it shall defend, indemnify, save and hold Faversham Designs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable Solicitors’ fees associated with Faversham Designs development of the Client's web site. This includes Liabilities asserted against Faversham Designs, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.

Client also agrees to defend, indemnify and hold harmless Faversham Designs against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organisation, or business.

The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend Faversham Designs and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's use of Internet electronic commerce. Client also understands that Faversham Designs cannot provide legal advice.

Non Disclosure

Faversham Designs, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about Faversham Designs to another party.

Cancellation

Cancellation of the lease at the request of the Client must be made by e-mail and must be confirmed by an e-mail response from Faversham Designs. In this event the start-up fee and any monthly lease payments already paid by the Client are non-refundable.