Terms and Conditions
1.0 Web Design
1.1 Tricees will begin work on a website after choosing to accept instructions from the customer and subject to these terms and conditions. Subsequent amendments or additions after accepting the customer’s instructions will be agreed in writing between Tricees and the customer.
1.2 Where ever possible, web pages are designed to meet current web standards and will meet the following standards where applicable: HTML 4.01, XML 1.1 and CSS 2.1. Exceptions to this may be due to influences from third-party included mark-up, whereby Tricees have no control of the standards applied.
1.3 Pages are validated to ensure compliance with the World Wide Web Consortium (W3C) and in most cases, links are provided to confirm these statements. Pages can be marked with the appropriate W3C compliance logos if required.
1.4 Source material (except for exclusions in section 1.5 below) for the pages becomes the property of the customer on completion of the project (when accounts are settled) and will be provided on CD (or other appropriate media) including:
- HTML source markup
- CSS style sheets
- Custom embedded scripts (including PHP and ASP code)
- Stock photos or images under the terms and conditions of the Image Supplier
- Custom written templates
1.5 The following items will not be included as the customers’ property listed above:
- PHP or ASP modules not written specifically for the customer, but used to make functions or systems work. For example, the source to the Content Management System (SimpleCMS), Email tracking systems, Page Management software.
1.6 All PHP, ASP code content remains the Intellectual Copyright of Tricees and the customer is licensed to use the code for their own private use.
1.7 Designs are search engine friendly. Whilst relevant content and keywords may be registered and ranked “organically” by search engines, Tricees does not accept any responsibility for search engine optimisation (SEO).
1.8 If Tricees’ delivery of the contract is hindered by a Force Majeure Tricees will provide the customer with written notice as soon as is reasonably practicable and within 7 days of the occurrence of the delaying cause. This may be by email to the registered email address of the customer.
1.9 Any commercial templates used by Tricees will either be open source, accredited as per the author’s wishes, purchased and become licensed for the customer to use, or written specifically by Tricees – whereby they become the property of the customer. Tricees reserve the right to re-use “generic templates” for other customers.
2.0 Pricing and Payment
2.1 Promotional or Start-up prices are only for a one year period and will only be extended at the discretion of Tricees. After the promotional period, prices revert to the current full hosting/design prices.
2.2 Tricees is not VAT registered, so all prices are exempt from VAT. Please make cheques payable to “D Churchyard” or PayPal payments to shop@tricees.co.uk. Credit card payments can be arranged through PayPal.
2.3 Renewal of hosting packages will be notified to the customer at least 2 weeks before the charges are due.
2.4 If payment is not received before on or the renewal date, Tricees reserve the right to withdraw services and website availability until all charges are settled in full.
2.5 A 50% deposit may be required for project work where a quotation is produced. Work on the project will not commence until this advance payment is received in full.
2.6 Payments for Domain Registration may be required before registration commences. If domain names are required before payments are made, then the domain may be registered to Tricees and the customer will accept the current Nominet transfer fee to re-register the domain in their name. Any request for a domain name to be registered must be made in writing or email.
2.7 Tricees retain the ownership of services and goods until the customer has paid in full.
3.0 Site Hosting
3.1 Tricees will monitor the Web Server and will endeavour to maintain the server service. The customer accepts that the server is provided on an “unmanaged” basis and may go offline for periods of time which is beyond Tricees’ control and reflected in the reduced hosting fees.
3.2 Tricees shall not be liable for any consequential loss or damage and will not accept responsibility for any loss of earnings or profits due to the temporary or permanent loss of website or email provision.
3.3 The Tricees’ server is shared resource and if for any reason a customer’s site or email requirements exceed a reasonable demand on the server then the hosting of the site will be reviewed and a commercial alternative will be recommended.
3.4 In the event that the customer requires a commercial alternative, Tricees will help source this alternative (if required) and will transfer the current website to the alternative provider with a small administration fee of £20 to cover the time required to transfer files from one server to another.
3.5 Hosting packages will usually have a content limit of 1Gb. Additional space would be available at an additional rate.
3.6 Tricees remain responsible for the content of the server and will not usually allow customers to upload files directly to the server unless part of a Content Management System (CMS) or E-Commerce solution.
3.7 Tricees reserve the right to suspend services, or remove material if the customer’s content or use of the system bring the server or services of Tricees into disrepute.
3.8 Tricees reserve the right to suspend services if reports of abuse are received against a customer for any reason. This includes email spamming.
3.9 Tricees expect emails to be downloaded to the customer’s email system and do not expect the emails to be stored on the server for any length of time. Tricees take no responsibility for emails lost or destroyed by the server if they haven’t been downloaded.
3.10 Although Tricees provide email services, Tricees currently employ some spam filtering software. Additional filtering is the responsibility of the customer.
3.11 Tricees provide access to email via a web based interface for the convenience of their customers. Tricees strongly advise that any emails that are sent or received via this interface are also downloaded to their own equipment as per section 3.9.
3.12 Tricees uses a dedicated virtual server housed in a UK data centre. This virtual server is solely used by Tricees and it’s customers.
4.0 BrowserTop
4.1 The BrowserTop system is available to be used free of charge, with the restriction of 100 links.
4.2 Larger link quota can be arranged but will incur a small annual fee.
4.3 Tricees reserve the right to suspend accounts or remove links from BrowserTop if they are found to be illegal, pornographic or otherwise inappropriate or threaten the reputation of the BrowserTop system, Tricees or its server.
4.4 Tricees will endeavour to keep the BrowserTop system functioning whenever possible as a service to the community, but Tricees reserves the right to stop providing the service if necessary.
4.5 In the event of total closure of the service, Tricees will attempt to contact the members and send an electronic copy of their links stored in BrowserTop if this is possible considering the circumstances of the closure.
4.6 In the event of total closure of the system, no refund will be available to customers who have purchased additional link space.
5.0 PageChanger
5.1 Tricees reserve the right to cancel any PageChanger account or remove the PageChanger service completely. In the event this happens, customer’s websites will still function, but the ability to edit the sites will no longer be available. These sites can be edited by any other conventional authoring systems as the published site does not require the existence of PageChanger.
5.2 Tricees shall not be liable for any consequential loss or damage and will not accept responsibility for any loss of earnings or profits due to any failing in the PageChanger system.
5.3 PageChanger can only modify web pages based on templates adapted for its use.
6.0 Variation
No addition to or variation of these conditions will bind the business, unless it is specifically agreed in writing and signed by a Director or Secretary of the business. No agent or person employed by or under contract with the company has the authority to alter or vary these conditions in any way.
7.0 Duration and Termination
7.1 The contract comes into force upon the verbal and written acceptance of instructions from the customer.
7.2 The customer is entitled to terminate the contract at any time by giving not less than 1 month’s written notice to Tricees. If a customer does terminate the contract they will still be liable for all works carried out in the performance of the contract so far, along with any administration fees associated with the account.
7.3 Either party may terminate the contract by giving written notice within 30 days if these conditions are breached, or if the other goes into liquidation, becomes bankrupt or makes a voluntary arrangement with its creditors or appoints a receiver or administrator.
8.0 Data Protection
Tricees is registered with the Data Protection Registry. Under this Act we are required to advise customers that we hold your details on our database. This is for our administration use only and is not shared with any partner company. Tricees reserved the right to share some personal information (for example Name & address) to the registering authorities for domain names. Tricees reserves the right to pass on information to any authority regarding any criminal activity or investigation linked to hosting or email provision by Tricees.
9 Jurisdiction
All parties agree to submit to the non-exclusive jurisdiction of the English Courts as English Law shall apply to the contract and these terms and conditions.
Interpretations
Customer
The person or company named in correspondence and for whom work is undertaken in agreement with these conditions.
Tricees
David Churchyard – trading under “Tricees”. Tricees’ words, images or logos may constitute trade marks or unregistered trade marks associated with the business.
Force Majeure
Acts of God; outbreak of hostilities, riot, civil disturbances, acts of terrorism; the act of any government or authority (including refusal or evocation of any licence or consent); fire, explosion, flood fog or bad weather; power failure, failure of telecommunication lines, failure breakdown of plant, machinery or vehicles; default of suppliers or subcontractors; theft, malicious damage, strike, lock-out or industrial action of any kind and any cause or circumstance whatsoever beyond Tricees’ reasonable control.
Generic Templates
Generic templates are HTML/CSS templates that have either been written or acquired in advance, and have not been written specifically for the customer.
Instructions
Correspondence outlining intended services and work in accordance with these terms and conditions.
Delivery
Delivering the services and work as outlined in the customer’s instructions, in accordance with these terms and conditions.