Terms of Business
This document outlines our general terms of business.
Please contact us with any queries.
The following terms of business apply to any or all of the domain name registration, web site hosting, email services (together “Services” and individually “Service”) to be provided by us to you from time to time.
“Server” means the computer server equipment operated by us, or our providers, in connection with the provision of the services.
“Web Site” means the area on the Server allocated by us/our providers to you for use by you as a site on the Internet.
These terms and conditions are subject to change from time to time without notice. Please contact us to request a copy of the latest version.
DOMAIN NAME REGISTRATION
- We do not warrant or guarantee that the domain name applied for will be registered or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until we have notified you that your requested domain name has been fully registered.
- The registration of the domain name and its on-going use is subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event. This does not affect your statutory rights as a consumer.
- We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority. This does not affect your statutory rights as a consumer.
- Once you enter a contract with KWHPublishing Ltd to purchase a Domain, we will charge your card/invoice you, immediately. You must not under any circumstances order the same domain from another registrar before or after entering into a contract with KWHPublishing Ltd, as this will cause us unwarranted administration problems & costs, and WE will not be able to issue a refund under any circumstances, whether we manage to obtain the domain first or whether the other registrar obtains it for you.
- We will not be held liable for any losses (directly or indirectly) caused by non re-registration of domains for whatever reason. The re-registration of domains is solely the client’s responsibility. However, we will attempt to contact the owner of the domain in advance in order to give the option to renew the registration of the domain through KWHPublishing Ltd. Transfers: we cannot transfer a domain out for the first 3 months of registration. Transfer out charges may apply depending on the domain name extension.
WEB SITE HOSTING/EMAIL
- We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. This does not affect your statutory rights as a consumer.
7. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:
- you will not, nor will you authorise or permit any other party to, use the Server in violation of any law or regulation, or violation of any of our Terms and Conditions.
- you will not knowingly or recklessly post, link to or transmit:
- any material that is unlawful, threatening, abusive, harmful, malicious, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way; or
- any material containing a virus or other hostile computer program;
iii. you will not post, link to or transmit any material that shall constitute or encourage a criminal offense, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction; and the Terms and Conditions contained here.
- you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers.
- you or your end users will not send any bulk unsolicited email. Bulk constitutes over 15 email addresses in any one email.
- you will limit the size of email attachments to 5 MB max.
- You are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. WE will take all reasonable steps to ensure accurate and prompt routing of messages but WE will not accept any liability for non-receipt or misquoting or any other failure of email.
- You warrant, undertake and agree that:
- you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information.
- Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
- If your web site is causing disruption to the other users on the server (for instance if you have scripts installed that utilise an unusually high CPU load or a webpage that downloads more than 250KB of data or where 1 webpage produces more than 50 hits on the server) we reserve the right to remove or suspend the site as we see fit and terminate the agreement forthwith.
- Bandwidth shall be limited to 2GB of data transfer per month per domain (unless otherwise agreed by us). Bandwidth shall be limited to 50gb of data transfer per month per dedicated server (unless otherwise agreed by us in writing).
- Unless agreed by both parties otherwise, websites which we build and host on behalf of clients will be stored on special power servers provided as a managed hosting service, with no FTP or database access to any 3rd parties to enable a higher level of security and uptime to our current clients. Should you require FTP access we will need to arrange a full transfer to another server at a reasonable charge.
- KWHPublishing Ltd is not responsible for the backup of any files on its’ servers. Should data be erased due to hardware failure or any other reason, we will not be responsible for any resulting financial loss whatsoever.
KWHPublishing Ltd, Web space and Server rentals is priced as a non-refundable service and cannot be terminated by the customer for the pre-paid period.
We have the right to terminate our services without giving a refund and without prior notice under the following conditions but not limited to:
- If the customer is consuming our time dealing with unwarranted complaints or legal matters or if the customer is endangering our system or overloading the network.
- The server is being used for activities we deem inappropriate.
iii. The server is being used for criminal activities.
- the unauthorised use of IP numbers, flooding, sniffing, netmasks, gateways, etc.
- Prior to search engine promotion work being undertaken by KWHPublishing Ltd, we need assurances from the client that: The client has not employed the services of another search engine optimisation or promotion company to work on the web site at the same time or previously, and the client has not employed the services of a search engine submission company during the same period or previously. The client has not created any duplicate sites, redirects or doorway pages. If duplicate sites have been previously published, the client must inform KWHPublishing Ltd before work commences allowing appropriate recommendations to be carried out. The client has not requested or exchanged links with link farms or undertaken any spamming or other blackhat techniques, which may harm the web sites ranking with Google or other search engines. No link exchanges must take place without prior consultation from KWHPublishing Ltd.
- Both on-page and off-page SEO techniques will require FTP access to the website. Prior to embarking on the SEO campaign, it must be agreed that KWHPublishing Ltd is granted access the site to implement changes.
- From the date we commence, the contract will continue on a three monthly basis automatically until notice is given. The minimum notice period for termination of any SEO service is 3 months. Notice of cancellation of this agreement shall be deemed valid and accepted by KWHPublishing Ltd if received by fax, e-mail or post after the initial three month period. Cancellation will be accepted on the date of actual receipt of termination by KWHPublishing Ltd and will take effect at the end of a ninety day period for which you will be charged at the normal rate applicable.
- Due to the competitiveness of some keywords/phrases, on going changes in search engine ranking algorithms and other competitive factors, it is not possible to give a guarantee for any specific result on any specific search engine, nor can we quantify the level of increased traffic or return on investment, as a result of the SEO campaign. However, we will guarantee that we will perform search engine optimisation and submissions to the best of our current ability, working to the agreed time allocation and contract value, within parameters and rules of the search engines. Additionally, as new sites and potentially competitor web sites are being optimised and submitted every day, results will fluctuate. The best way to ensure that you maintain your rankings, once we achieve them, is to continue with an SEO contract with KWHPublishing Ltd.
- KWHPublishing Ltd aims to achieve, wherever possible, a Top 10 ranking on Google for a combination of various key phrases. We would normally expect to achieve some lower ranking for some of your chosen search terms within 3-6 months of the optimised pages going live and some 10 ten rankings within 12-18 months. Brand new sites in highly competitive areas can even take up to 12 months before early results become apparent. The work we carry out should also benefit positions on search engines other than Google, such as Yahoo and MSN.
- Full Progress reports are given on a 12 monthly basis unless agreed otherwise. Analytical visitor reports will be supplied on request within reason, but usually once per quarter.
- KWHPublishing Ltd is not responsible for any adverse effects on search engine ranking or additional costs incurred if the client has engaged in any overwriting web work carried out on the site. i.e. client webmaster making changes and uploading over work already provided, or changes made to the Web site by other parties that adversely effect the search engine rankings of the Client’s Web site.
- KWHPublishing Ltd reserves the right to terminate your service at any time and for any reason. Should KWHPublishing Ltd terminate the agreement, KWHPublishing Ltd will refund any advance payments.
Specific Web Design terms are tailored to each individual client, and will be included on each web design proposal. This will include specific payment terms. Web Design contracts are usually invoiced at 3 stages:
- A deposit, required for Web Design to commence.
- When a test site is approved and agreed by both KWHPublishing Ltd and the client, before content is added.
- When the Web Site is ready for transferral to a live server.
All prices exclude VAT.
Please refer to your design proposal for specific details.
Specific Print/Graphic Design terms are tailored to each individual client, and will be included on each print design/graphic proposal. This will include specific payment terms. Print/graphic design is usually invoiced in 2 stages:
- A deposit, required for Print Design to commence.
- When the design is approved for completion.
When KWHPublishing Ltd is arranging print/production, all associated fees must be paid in full before printing/production can commence.
All prices exclude VAT.
Please refer to your design proposal for specific details.
GENERAL TERMS AND CONDITIONS SERVICE AVAILABILITY
- We shall use reasonable endeavours to provide continuing availability of the Server, email accounts and the Services but We shall not, in any event, be liable for Service interruptions or down time of the Server. Many computer faults are beyond are control and we shall try our best endeavours to fix them for you as soon as we can.
Immediate availability for design service/social media management/virtual office assistance is not guaranteed. Paying an agreed monthly retainer will assure availability for the assistance and services laid out in your design proposal or contract.
Retainer fees are invoiced at the beginning of the month and are payable monthly.
INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS
- You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisation’s in respect of the Services, including without limitation, clearance and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant banks in respect of your operation of an Online Store
- You agree to indemnify and keep indemnified and hold us on demand harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms of business. This does not affect your statutory rights as a consumer.
- We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.
- We may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
- On termination of the agreement we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of seven (7) days and allow you to collect it at your expense, failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as We think fit.
- We may terminate or suspend any web site that is deemed to be causing a disruptive service to our clients as a whole.
- You may terminate your account with us if we cannot resolve any technical issues or server problems within a reasonable amount of time. You will receive a refund for the remainder of the contract term. However, We will not refund any used parts of the service.
- All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our web site, and in the manner for the time being prescribed by law and shall be due as indicated on the invoice. Failure to make payment before the due date stated on the invoice will incur a £40 surcharge in accordance with section 5A of the Late Payment of Commercial Debts (Interest) Act 1998, and interest under the Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 8.5%. Please refer to your design proposal and purchase order for specific terms.
- The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.
LIMITATION OF LIABILITY
- We hereby exclude all conditions, terms, representations (other than fraudulent representations) and warranties relating to the Services supplied under this agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose.
- Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
- Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
- In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
These terms and conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English Courts.
These terms and conditions together with any document expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters.
If you have any complaints, or have a dispute, we will act swiftly to resolve them. If you feel you are entitled to a refund on any of our services, we will act swiftly to resolve the matter. Domain Names cannot be refunded under any circumstances.