Terms & Conditions of Service

Updated: 28/05/2011

ATTENTION:
This legal notice applies to the entire contents of the Website under the domain name www.vividwebdesignuk.co.uk (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issues by Vivid Web Design UK, referred to from here on in as the Company.

  1. 1. Introduction

    1. 1.1 - By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
    2. 1.2 - The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
    3. 1.3 - This Legal Notice uses the following terms, which we have colour coded in purple:
      1. (a) Company - Refers to Vivid Web Design UK
      2. (b) Website - Refers to the Vivid Web Design UK website and it's subpages (http://www.vividwebdesignuk.co.uk)
      3. (c) Client - Refers to any customer who wishes to and/or is undertaking any services offered by the Company or Website.

  2. 2. Licence

    1. 2.1 - This Website is optimised for printing using CSS. As a result you are permitted to print and download extracts from this Website, using your browsers print command only, for your own use on the following basis:
      1. (a) No documents or related graphics on the Website are modified in any way.
      2. (b) No graphics on the Website are used separately from the corresponding text.
      3. (c) The copyright and trade mark notices for the Company and this permission notice appear in all copies.
      4. (d) Any and all printouts from this website are conducted using your browsers print command only, or any buttons specifically supplied by the Website for printing.
    2. 2.2 - Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
    3. 2.3 - Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
    4. 2.4 - Any rights not expressly granted in these terms are reserved.

  3. 3. Service Access

    1. 3.1 - While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
    2. 3.2 - Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
    3. 3.3 - Access to client administrative services, customer websites, FTP access and any other web service offered by the Company on behalf of the client are also subject to both clause 3.1 and clause 3.2 of this legal notice.

  4. 4. Visitor Material And Conduct

    1. 4.1 - Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
    2. 4.2 - You are prohibited from posting or transmitting to or from the Website any material:
      1. (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
      2. (b) for which you have not obtained all necessary licences and/or approvals; or
      3. (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
      4. (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
    3. 4.3 - You may not misuse the Website (including, without limitation, by hacking).
    4. 4.4 - The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.

  5. 5. Link to & from other websites

    1. 5.1 - Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
    2. 5.2 - If you would like to link to the Website, you may only do so subject to the following conditions:
      1. (a) you do not remove, distort or otherwise alter the size or appearance of the logo of the Company or any of its associated subsidiary or affiliated companies;
      2. (b) you do not create a frame or any other browser or border environment around the Website;
      3. (c) you do not in any way imply that the Company is endorsing any products or services other than its own;
      4. (d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
      5. (e) you do not otherwise use any trade marks either of the Company or any of its associated subsidiary or affiliated companies displayed on the Website without express written permission from the Company;
      6. (f) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
    3. 5.3 - The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
    4. 5.4 - You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.

  6. 6. Registration

    1. 6.1 - Registration on the Website is at the Webmasters discretion, and may be added or removed at any time without prior notice. If and when registration is available on the website, clauses 6.2 and 6.3 automatically come into force.
    2. 6.2 - Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
    3. 6.3 - Responsibility for the security of any passwords issued rests with you.

  7. 7. Disclaimer

    1. 7.1 - While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
    2. 7.2 - The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.

  8. 8. Liability

    1. 8.1 - The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
    2. 8.2 - Nothing in this legal notice shall exclude or limit the Company's liability for: (a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or (b) fraud; or (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
    3. 8.3 - If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

  9. 9. Governing Law & Jurisdiction

    1. 9.1 - This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

  10. 10. Payments to the Company for services offered

    1. 10.1 - The commencement of work is dependant on the correct deposit being confirmed as cleared funds by the Company. The deposits are:
      1. 10.1.1 - For Pay Full agreements, no work will commence until the deposit of £100 or 20% (whichever is greatest) is confirmed as cleared funds by the Company.
      2. 10.1.2 - For Pay Monthly agreements, no work will commence until the deposit of £100 or one monthly installment (whichever is greatest) is confirmed as cleared funds by the Company.
    2. 10.2 - Accepted payment methods are Cash, Cheque or Postal Order, Standing Order, Bank Transfer or Card Payments and Balance Transfers via PayPal.
    3. 10.3 - Payments made via PayPal will incur an additional handling charge. This charge is defined by PayPal not the Company. Clients who wish to pay via PayPal must first obtain a PayPal Invoice from the Company. Payments sent via PayPal without first obtaining a PayPal Invoice will be refunded and a PayPal invoice sent with the correct balance.
    4. 10.4 - Annual renewals for Domain Name(s) and/or Hosting must be paid in full on the date of renewal, as stipulated on the most recent invoice. All Clients who take out services with the Company will be issued with a Standing Order Form for the balance of the annual renewal. In the event that the renewal date is not stipulated on any invoice, the Company will issue a reminder with Standing Order Form 28-days before the renewal is due. The Client may also request a renewal date and price from the Company at no additional cost
    5. 10.5 - In the event that the total cost of services offered is less than the deposits as stipulated in section 10.1, then the Company will issue individual deposit terms to the Client

  11. 11. Free and/or Inclusive Domain Name(s) and/or Hosting

    1. 11.1 - Any domain name(s) and/or hosting that is included with any package or any deal is limited to 12 months from the date of registration.
    2. 11.2 - Any domain name(s) and/or hosting remains the legal property of the Company until the licence expires.
    3. 11.3 - Continued use of any domain name(s) and/or hosting that continues after the initial 12 month period is subject to an annual charge which will be indicated at the bottom of your original or last invoice.
    4. 11.4 - In the event of any increases to the annual charge, the Price stipulated on the bottom of your last invoice will be honoured and the updated pricing displayed on the new invoice.

  12. 12. Pay Monthly Agreements

    1. 12.1 - In the event that a Pay Monthly Agreement has been produced and signed by both the Client and the Company, the signed agreement, including all prices and payment structures, will supersede the contents of Clause 12 and it's sub-sections. All other Pay Monthly Agreements are bound by the Terms & Conditions of this Legal Notice including Clause 11 and it's sub-sections, until they are superseded by a signed agreement.
    2. 12.2 - Pay Monthly Agreements are for a minimum of 12 months. Cancellation of payment and/or failure to pay the monthly premium will result in one or all of the following;
      1. (a) Permanent or temporary termination of the service including, but not limited to; Website, FTP Access, Hosting, Email Addresses, and Contact Forms.
      2. (b) Domain Name re-direction to http://www.vividwebdesignuk.co.uk or another holding page.
      3. (c) 28-Days notice will be served for the outstanding balance to be paid in full.
      4. (d) Legal Action being taken to recover the outstanding balance, and any additional administration fees incurred by the Company and Legal Representatives
    3. 12.3 - No work will commence without the agreed deposit as stipulated in clause 10.1 is confirmed as cleared funds by the Company.
    4. 12.4 - Pay Monthly Payments must be paid by Standing Order. The Company will issue all Clients with a Standing Order Form which must be completed and the Standing Order active before any services are made available or completed.
    5. 12.5 - The domain name, hosting and website will remain the legal property, both intellectual and physical, of the Company for the duration of the agreement. Contents of the website will become the legal property, both intellectual and physical, of the Client after the agreement has been completed and paid in full.
    6. 12.6 - Domain name(s) and/or hosting remain the legal property of the Company.
    7. 12.7 - On completion of the Pay Monthly Agreement, the hosting and domain name must be renewed to ensure continuous service. Renewal fees must be paid for via Standing Order. All Clients who take out services with the Company will be issued with a Standing Order Form for the balance of the annual renewal. Any Clients who have not already received a Standing Order Form will be issued a reminder with Standing Order Form 28-days before the renewal is due..
    8. 12.8 - Renewal Agreements are not subject to any deposit, but monthly payments must continue as per the agreement.
    9. 12.9 - Prices for Pay Monthly Agreements displayed on the website are subject to change at any time without prior notice.

  13. 13. Administrative Charges

    1. 13.1 - The Company reserves the right to make administrative charges to cover the cost of any additional administrative work incurred which is outside the scope of the standard services offered by the Company. Administrative charges include:
      1. (a) Letters sent by the Company to the Client other than the initial Welcome Pack or any pre-agreed documents will incur an administrative charge of £25.00.
      2. (b) Domain Name Transfer to another provider will result in an administrative charge of £40.00. This includes written confirmation of the transfer, and all possible transfer steps being taken by the Company.
      3. (c) Additional digital copies of any files or any additional copies of documents will incur an administrative fee of £25.00 per copy.
      4. (d) Any additional work undertaken by the Company as a result of the Client breaching any of the Terms & Conditions, any additional agreements, or any repayment plans will incur administrative fees of £25.00 per document, letter or media and may also incur hourly labour charges of £25.00 charged per unit.
    2. 13.2 - Any charges incurred by the Company from any third party as a result of the Client breaching any of the Terms & Conditions, any additional agreements, or any repayment plans will be passed onto the Client plus our administrative charge of £25.00