Matley Software Ltd. (Matley) reserves the right to refuse to construct or host a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws. Should such content be found on a website hosted by Matley we reserve the right to immediately terminate the hosting of the site without the refund of any fees paid.
All orders for Matley's web site design and/or hosting services must be authorised by a person with the authority to act on behalf of the Client. By submitting the order to Matley the Client agrees to be bound by these Terms and Conditions.
1. All orders must be accompanied by a non-refunable deposit of 50% of the fees quoted by Matley for the work to be undertaken. The balance of fees is to be paid on completion of the work.
2. Once the order has been accepted by Matley the deposit will not be refunded as any work undertaken or costs incurred by Matley will have to be paid for.
3. Upon completion of the agreed work the website will be published on a test site and the Client will be sent an email with the details so that they may review it. Subject to the terms of the Acceptance section below. Upon Acceptance the balance of fees will become due.
4. Payments must be made promptly. A late payment penalty may be enforced on overdue invoices along with suspension of email and website hosting services until full payment is received. In case debt collection proves necessary the Client agrees to pay all fees (including all solicitors fees and court costs) incurred by Matley in that process.
5. Upon full receipt of all fees (subject to the clearing of any cheques) the Clients website will be published on the Clients domain as agreed. If the Client requests Matley will transfer responsibility for Client's domain to the Client so that the Client may administer it themselves.
3. Website Design and Hosting Service.
By accepting these Terms and Conditions the Client acknowledges that:
1. the scope of the Website Design and/or Hosting Service is strictly to design and/or host the website to the mutually agreed specifications; and
2. in providing the Website Design and Hosting Service, Matley is not providing any training, consultancy, legal or other advice with regard to the Client's website or the information or content that the Client may choose or be obliged to place on the website.
3. If domain registration is requested by the Client Matley will register the specified domain on behalf of the Client in the Client's name. Upon completion of the project and payment of all due fees the Client may request transfer of the domain administration to them without charge.
4. The Client is responsible for supplying to Matley the required materials necessary to design and build the website (Materials). Matley may reproduce, enhance, digitally adapt or amend in some other way the Materials in the course of and for the purpose of implementing the website and the Client will permit (and have the authority to permit) Matley to do so.
5. Matley must receive all of Information and Materials necessary to complete the website. All text and graphics must be supplied to Matley in electronic format either by email to [email protected] or on memory drive/DVD/CDROM by post to Matley 88 Talbot Road, Hyde, Cheshire SK14 4HH. Matley does not accept any liability for lost Materials which have not reached either of the above addresses.
6. Any Material not supplied in electronic format may be subject to an additional fee to process it into a suitable format for the website. Such fee will be notified to the Client after submission and assessment of the Material.
7. In addition, should the volume or type of Material the Client supplies make it commercially unrealistic in Matley's view to build the website as part of the Website Design and Hosting Service, Matley may at its discretion decline to perform the Website Design and Hosting Service, or agree to carry on subject to negotiating specific terms for performing the Website Design and Hosting Service (including additional charges) to reflect the circumstances.
8. Notwithstanding anything to the contrary contained in these terms and conditions, neither Matley nor any of its employees, associates or agents, warrant that the functions contained in the Website Design and Hosting Service will be uninterrupted or error-free. The entire risk as to the quality and performance of the Website Design and Hosting Service is with the Client. In no event will Matley be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Website Design and Hosting Service, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, the Client's or web site visitor's computer or Internet software, even if Matley has been advised of the possibility of such damages.
4. Website Design Service Acceptance
1. Matley shall notify the Client by email once the Website Design Service has been completed (Completion email). Upon your request, Matley shall carry out one set of reasonable changes to meet the Client's reasonable requirements, prior to the website going live. The Client's acceptance of the completed output of the Website Design Service (Acceptance) occurs:
(a) once the Client confirms Acceptance in writing by email within 10 business days of despatch by Matley of the Completion email; or
(b) automatically on expiry of the time period specified in sub-clause 4.1(a) above where no email confirmation has been received from the Client; or
(c) if the Client publishes the website on the Internet, at any time, following dispatch by Matley of the Completion email.
2. Any amendment over and above that referred to in clause 4.1 above, shall be separately chargeable at charges which shall be notified to the Client on request, as such charges are dependent upon the extent of the required amendment.
5. Email Hosting Service
The Client may elect to either:
1. Have all email to the domain forwarded to the email address provided by the client for this purpose.
2. Have an account hosted on the domain for the Client to collect email directly from it using a standard IMAP/POP3 email client.
3. Should the client wish to have email nosted on the domain then additional email addresses can enabled for the domain Matley reserves the right, at its discretion, to charge an administrative fee to enable each address and/or make any changes to addresses requested by the Client.
4. All email accounts hosted by Matley have virus and spam filteing enabled by default. Matley will use reasonable endeavours to detect and, if appropriate, filter all viruses and spam email identified from time to time, however, we cannot guarantee 100% accuracy in our virus or spam filtering systems. Should the Client wish to receive unfiltered email they must let Matley know by email.
6. Domain Renewal
Domain registration is valid until a date that will be stated by Matley upon ordering (e.g. .co.uk is currently valid for two years and for .com is currently valid one year, other types of domain may vary from these). If Matley is still hosting or managing the domain on behalf of the Client they will be reminded of the need to renew the domain by email four weeks prior to the expiry of the domain. The client will also be advised of the applicable charges to renew the domain registration.
It is important not to allow the domain to expire as there is nothing to stop it being registered by another party if it becomes available again.
If the Client no longer requires the domain the should inform Matley so that it can be released.
7. Domain Hosting
Domain hosting starts on the date the domain is registered and lasts for one year. If Matley is still hosting the domain on behalf of the Client four weeks prior to the expiry date the Client will be sent an email reminding them of the domain hosting expiry. The client will also be advised of the applicable charges to renew the domain hosting.
8. Domain Transfer
Should the Client wish to transfer their domain to another provider it can be done (free of charge) at any time following payment of all fees owed to Matley.
The Client agrees to indemnify Matley and keep Matley indemnified against any expenses, losses, liabilities, damages or costs incurred and any claims or legal proceedings which are brought or threatened against Matley arising from any materials supplied by the Client or on the Client's behalf, linked websites or the Client's use of the website following Acceptance.