Terms and Conditions
Definitions
1. ChilliSplash Web Design is the trading name of a web site design and hosting company (the "Company") that provides web site design and hosting services (the "Services") to its customers (the "Clients"). In requesting Services from the Company, the Client agrees to be bound by these terms and conditions, which form an agreement (the "Agreement") between the Company and the Client.
Price and Payment
2. Once a request for the Services is received from a Client, the Company will confirm the price to be paid for the services, in an offer email to the Client (the "Offer"). The Company will not perform the Services until the Client has accepted the Offer, by a confirmatory email. The price will be quoted in either Pounds Sterling or Euros, depending on the wishes of the Client and payment will be made in the quoted currency by the Client.
3. Clients will be invoiced for Services, as follows: For a website design - on completion of the site and approval of the design when viewed over the internet by the Client. For domain name registration and hosting services - payment in advance. For all other services - invoicing will be defined in the Offer. Payment due on receipt of invoice.
Rights and Ownership
4. Images and text provided by the Client will remain the copyright of the Client. Where these images are incorporated in a web site design prepared by the Company on behalf of the Client, the Company will own the copyright of the overall design.
5. On payment of the price for the work, the Client will be granted a non-exclusive, non-transferable, royalty free license to the web site design.
6. The site design prepared by the Company, will include a small, discrete link to the company web site at the bottom of the page.
7. Domain names will be registered in the name of the Client.
Copyrighted Material
8. The Client will ensure that any text and images provided by the Client are not subject to copyright, or that the Client has obtained the written permission of the copyright owner to use the material for its intended purpose.
9. If the Company becomes aware of the presence of copyright infringing material submitted by a Client and being hosted by the Company, the Company will notify the Client and allow a period of five days to allow the Client to explain why the allegedly infringing material does not constitute infringement of copyright. In the absence of an adequate response, the Company will remove the offending page and may at the sole discretion of the Company, remove the entire Client site.
Limitations of Liability and Warranty
10. All content displayed on a web site on behalf of a Client will be approved in advance by the Client. The Company accepts no liability for errors or omissions once the site has been approved.
11. The Company accepts no liability for interruption in hosting services provided by the hosting company.
12. On no account shall the Company have any liability to the Client for consequential, special, economic or indirect loss, for loss of savings or goodwill or for loss of revenue. The aggregate liability of the Company to the Client arising in any calendar year in connection with the Services, shall not exceed the sums paid by the Client to the Company in that year. Nothing in these Terms and Conditions shall limit or exclude the liability of the Company for death or personal injury due to its negligence.
13. Notwithstanding the foregoing, the Company warrants that the Services will be performed to a professional standard in accordance with the guidelines of the World Wide Web Consortium.
Indemnity
14. The Client agrees to indemnify the Company against any and all claims and expenses, including legal fees, arising from the Client's use of the Services. This expressly includes any and all liability arising from the violation or infringement of proprietary rights or copyrights.
Force Majeure
15. If the Company is hindered or prevented by circumstances not reasonably foreseeable or beyond its reasonable control from performing any of its obligations under this Agreement then it shall be relieved of its liability to the Client for failure to perform such obligations.
Notices
16. All notices under this Agreement shall be in writing, sent by email, first class, special or recorded post and shall be sent to such address as has been notified to the other party. In the case of first-class post the date of service shall be deemed to be the day on which the notice is posted. In the case of notices sent by email the date of service shall be deemed to be the day on which the notice was transmitted, subject to a satisfactory transmission being obtained. In the case of notices sent by special or recorded delivery the date of service shall be deemed to be the date of delivery.
Applicable Law
17. This Agreement shall be governed by and interpreted in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
Entire Agreement
18. These Terms and Conditions constitute the entire Agreement between the parties and supersede any other Agreement, proposals and communications, written or oral, between the Company representatives and the Client. The Company may amend or supplement these Terms and Conditions at any time on notice to the Client.
