Terms and conditions
1. General
1.1 These terms and conditions will apply to any site developed or hosted by WebMagic.
1.2 WebMagic reserves the right to amend or repeal these terms without prior notice.
1.3 If a quotations/estimates is provided it is valid for a period of three months from the date of the quotation/estimate.
2. Copyright
2.1 WebMagic retains all copyright to images and illustrations supplied for the client’s use.
2.2 No image may be re-used by the client or any third party without prior written agreement from WebMagic.
2.3 The client may request additional usage of images from WebMagic providing WebMagic is not itself bound by any copyright constraint. A fee may be applicable for image re-use.
2.4 Where a client supplies images for use on a project WebMagic assumes that the client has copyright for such use and that WebMagic will not be held liable to any legal action resulting from illegal use of photographs, illustrations, artwork, texts or any other material supplied that may be subject to copyright law.
2.5 WebMagic will retain copyright on design work submitted until such time as the design has been paid for. Any original artwork, photography or other creative origination will remain the property of WebMagic unless a copyright release has been granted to the client in writing.
3. Design
3.1 Photography and illustrations Any additional costs for extra items including photographs and illustrations not specified in the original quotation/estimate will be passed on as extra.
3.2 The cost of changes to the initial quoted site design may be passed on as extra if such modifications result from changes to the original brief after a design has been submitted, or, additional costs resulting from circumstances that could not reasonably have been foreseen by WebMagic prior to commencing work.
3.3 Any support material such as leaflets, brochures, exhibition graphics etc., are considered as part of the total project and are subject to the same payment terms.
4. Web sites
4.1 Design and development
4.1.1 The costs given are based upon the site plan supplied by WebMagic or on pre-existing site plan.
4.1.2 A site design and plan must be approved prior to any work commencing on site development.
4.1.3 WebMagic will make any changes as necessary if the final site does not meet the specifications as laid out in the site plan.
4.1.4 Any alterations made by the client to the site, which were not specified in their initial brief, will be chargeable as extra.
4.1.5 A proof in PDF format or on initial testing site will be submitted for approval prior to going live. Once the client authorises the site to go live, the site will be deemed to have been fully approved and any subsequent design, copy or structural changes will be charged extra (see 4.3.14).
4.1.6 Work involving client domain names and hosting other than registering a domain name and providing hosting as specified in the quoatation/estimate are charegeable extra.
4.2 Site Maintenance
4.2.1 Site maintenance is excluded from all quotations by default, unless specifically included and detailed within the quotation/estimate.
4.2.2 Where site maintenance is included but not detailed then this is for basic site maintenance only.
4.2.3 Basic site maintenance covers functionality of the site only. Basic site maintenance does not cover changes to site design, code or text.
4.2.4 Any work required on a site for which there is no maintenance contract will be charged at the prevailing hourly rate.
4.3 Maintenance Contracts
4.3.1 Maintenance Contracts are calculated on the level of work likely to be required to maintain the site or its content.
4.3.2 Maintenance Contracts run for a period of twelve months, renewable on an annual basis.
4.3.3 The twelve month period is non negotiable and will expire at the end of its term whether or not its allocation has been fully used. No discount or refund will be given for any unused portion unless by prior agreement.
4.3.4 If the client exceeds the scope of the maintenace agreement and their annual allocation for maintenance becomes fully used prior to the end of its term the client the client may opt to add additional hours to their contract at the contract's current hourly rate. A minimum of four hours must be added on each top up.
4.3.5 On sites not hosted by WebMagic the contract expressly excludes all cover related to the host server, including email and database problems.
4.3.6 All contracts are payable in advance.
4.3.7 WebMagic may vary the cost and scope of its contracts over time, customers are advised to check the website for the prevailing terms.
4.3.8 WebMagic reserves the right to cancel a maintenance contract if maintenance fees are not paid within the prescribed period or if the agreement is violated.
4.4 General
4.4.1 WebMagic will not enter into any dialog with any third party concerning issues, technical or otherwise, arising from the site.
4.4.2 WebMagic will not be held liable for non-compatibility issues resulting from the use of software WebMagic may supply from a third party that may conflict with the clients computers or servers.
4.4.3 Technical support from WebMagic is limited to issues directly concerning the site’s functionality and specifically excludes any issue arising from the client’s own hardware or software.
4.4.4 The content of the site is the sole responsibility of the client. WebMagic will not be held liable for any content, pictorial or editorial, held within the site.
4.5 Domain name registration and hosting facilities
4.5.1 Domain names will be registered to the the client’s business address unless specified otherwise.
4.5.2 All fees for registration and hosting are payable in advance.
4.5.3 WebMagic reserves the right to immediately suspend or terminate any site that for which hosting is unpaid, and may charge an administration fee not exceeding £35 to re-instate a site.
4.5.4 A domain name will NOT be released from an unpaid account .
4.5.5 Domain name and hosting renewal fees are due 24 hours prior to the expiry date, and at least five days in advance of the renewal date if payment is to me made by cheque.
4.5.6 Domain name fees are not refundable under any circumstance.
4.5.7 Hosting fees are non refundable subject to WebMagic's returns policy below.
4.5.8 Any domain name for which the renewal fee has not been received and has expired will incur a £35 administration charge to re-instate it. Please also see 4.5.4 above.
4.6 Site release
4.6.1 A site may be released to a client for placement elsewhere providing no items for which WebMagic holds copyright apply.
4.6.2 A quotation/estimate will be submitted to the client detailing any costs if applicable.
4.6.3 All outstanding hosting, registration and maintenance fees must be fully paid up prior to the site’s release.
4.7 Security
4.7.1 WebMagic may provide the site’s FTP user name and password to the client, the client is required not to give out this information to any unauthorised user. Violation of this will result in the immediate closure of the website.
4.7.2 Any changes made to the site’s code as a result of the client’s access to the site is entirely at the client’s own risk. Any work required to reinstate a site or repair a damaged site will be charged to the client, such repair falls outside the cover of any maintenance agreement that may be in force.
4.7.3 No retrieving of files from the host site is permitted unless the Intellectual Property Rights for the site have been assigned to the client.
4.8 Fees
4.8.1 All site design and development fees are due immediately on site completion/approval and prior to the site going live.
4.8.2 Fees due for domain name registration and hosting are due in advance, no credit terms apply.
4.8.3 Fees for any additional support material (see 3.3) must be paid for prior to the site going live, or when this is not possible due to timing, then the fee for the extra material must be paid before the files will be released to the client by WebMagic.
4.9 Mailbox and Utilities Support
4.9.1 WebMagic provides the facility to use POP3/IMAP mailboxes with its hosting accounts. WebMagic only offers to resolve issues affecting the availability of mailboxes via its WebMail interface/panel. WebMagic does not support issues arrising from the use of mail applications such as Apple Mail, Outlook, Outlook Express etc., and can not guarantee functionality with such applications. WebMagic provides online support to help resolve many issues that may arrise when setting up third party applications to work with its mailboxes. WebMagic reserves the right to charge in resolving issues with the setting up of third party applications. The client's prior approval will be obtained prior to charging.
4.9.2 WebMagic offers as part of its hosting facility free utilities such as guest books, photo albums, CMS systems such as Joomla and Drupal and various other third party add-ons. WebMagic is unable to offer any support for these applications nor advise on their suitability or issues after installation. Where a customer installs any utility onto their hosting account they should refer to the software manufacturer's own website for technical details and any support if available.
Offers
5.0.0 Some WebMagic packages may offer free services from time to time
Free domain names
5.1.0 Unless otherwise stated in the offer a free domain registration applies to a .co.uk or equivalent in price. The offer period is for two years until registration becomes due for renewal, after which time, the customer can renew for additional two year periods at the prevailing WebMagic registration fee.
Free hosting
5.2.0 If free hosting has been included as part of an offer, this will relate to WebMagic's Business hosting package and will run for a period of twelve months, after which time the client may renew the facility at the prevailing annual renewal price.
Payments
All online payments are securely processed via PayPal. Telephone payments will also be processed via PayPal and subject to our Privacy policy detailed below.
Privacy policy
WebMagic takes privacy very seriously. Our customer's details are NEVER released to any third party for sales or marketing purposes.
WebMagic treats its customer's financial details with the utmost security. WebMagic does NOT store customer credit or debit card details either electronically or on paper, nor will it ever do so.
Where a customer provides WebMagic with their credit or debit card details, either over the phone or by fax ,WebMagic will only hold this information for so long as it takes to process their transaction and will then destroy all record.
No person other than company owner has access to a customer's payment details during a transaction.
Delivery policy
Should WebMagic supply any goods other than those supplied electronically these will be sent via Royal Mail First Class where appropriate.
For orders of over £50 in value Webmagic will send the goods First Class Royal Mail Special Delivery, or equivalent. (Please note: Special Delivery requires the goods be signed for, so the customer should ensure someone is available to receive the delivery).
The customer will be advised when their goods have been sent and should allow up to three working days from despatch.
Industrial disputes: WebMagic can not guarantee Royal Mail delivery times during periods of industrial dispute, however WebMagic will offer the customer alternative methods of delivery if WebMagic has advance warning of postal disruption
Any prices quoted are for mainland UK only. For orders outside the UK mailnland, customers are advised to contact WebMagic for shipping costs.
The customer may elect to request other delivery methods for which WebMagic will supply the customer a written quotation before despatch. If delivery tracking is provided by the courier these will sent to the customer if possible, or if not, the customer may contact WebMagic who will check delievry status on the customer's behalf.
Returns policy
WebMagic undertakes to replace where possible or refund the cost of any goods it has supplied which may be faulty, damaged or who's description is considered to be ambigous or misleading. Any such product must be returned in saleable condition within 7 days of receipt. WebMagic will refund the customer the full value including delivery (if included), but excluding the cost of returning the goods to WebMagic.
WebMagic also undertakes to refund the cost of hosting services which fail to meet the standards described for that product provided that service has not exceeded four months of its annual term. No refund can be offered against domain name registrations.
Where WebMagic is supplying a website the customer will not be required to pay for that site until it has been approved by the them in a working live test environment. Once the customer is satisfied full payment is required prior to the website going live, after which time no refund is possible.
Advanced payment refunds
WebMagic may request a fee prior to commencing a project covering development up to design approval. Should the customer decide to reject the design work they should write stating the basis for rejectig the work. If the basis for rejecting the work is fair and the customer undertaks not to use any of the original design concepts created by WebMagic, then WebMagic will refund the advance payment in full.
PLEASE NOTE: should the customer choose to end the project after approving the design concept by WebMagicthen no refund will be allowed.
Contact
If a customer has any concerns or problems they may contact WebMagiceither in writing to:
Webmagic Administration, Apt C, The Old Corn Mill, Weobley, Herefordshire HR4 8SS
or during normal working hours 9-5.30pm Monday to Friday on
01544 318 151 or they can use the response form on the WebMagic website
http://www.webmagic.uk.net/contact_us.html or they can email
jack@jackandrews.co.uk
