Terms & Conditions of Sale

The terms and conditions outlined below, are in place to protect both parties and by paying for services, the client is agreeing to be bound by them.

Websites

  1. All web services and packages must be paid for in full in advance before work commences to cover set up costs, including but not restricted to hosting and domain name registration (where applicable).
  2. Should you decide to cancel the project after registration, you may do so in writing at any time, however any monies paid including the deposit will be non-refundable. Failure to meet payments and payment timescales will result in a suspension of all services and further costs may be incurred.
  3. Changes requested by the Client beyond those limits specified within each website package will be either billed in accordance with our current price list or in 15 min increments at the current hourly rate of £30, subject to a minimum charge of £15. This rate shall also govern additional work for such services as general internet orientation, marketing consulting, web page design, editing, modifying product pages and/or products in an online store, art, photo, graphics services and helping clients learn how to use their CMS if applicable/required. The hourly rate is correct as at the date of the terms & conditions as stated below but may be subject to change without prior notice.
  4. Once your web site is uploaded live to your webspace, up to 3 (three) minor amendments can be requested by clients and will be made free of charge, providing done so in writing and within a period of 30 (thirty) days from date of activity. After which time, further amendments requested will be quoted and billed for separately.
  5. Websorceress reserves the right to assign subcontractors to projects to ensure the right fit for the job as well as on-time completion.
  6. In addition to the above, client agrees to reimburse Websorceress for any additional expenses including external costs necessary for the completion of the work. Examples would be (but are not limited to): purchase of special fonts, graphics, stock photography, templates, themes, software, scripts, etc. Where additional expenses would be required Websorceress will always seek the Client's approval before making any such purchases.
  7. In order for us to supply our web services, we rely on the use of 3rd parties software and apps. This means it is a requirement that we share your personal data with such 3rd parties. Your personal data including name, company/business name, telephone numbers, domain name, address will be collected and where necessary shared with such 3rd parties for the purpose of registering domain names, to set up accounts and registrations, online file storage, Set up and management of API keys for embedded maps, for search engine optimisation purposes, and for our own billing, accountancy and marketing purposes. These 3rd parties may include: Google, LCN.com, GoDaddy, 123reg, Nominet, Unlimited Web Hosting, Wave Apps, EKM.com, Let's Encrypt, Bing.com and Mailchimp. More information on data handling, storing, sharing and your rights can be found on our privacy policy.
  8. On all html websites, SSL encryption (where provided) is validated by the installation of a certificate issued by the automated and open certificate authority 'Let's Encrypt'. Certificates auto-renew every 3 months - renewal is currently free of charge. Certificates are trusted by major search engines at the time of issue, however, Websorceress cannot be held responsible for any future withdrawal or changes with regards to the validity of certificates that may affect the encryption.

ECommerce Websites

ecommerce sites using the ecart provider EKM
  1. Our package price is a one off theme installation, customisation and set up fee only. Your contract for the website & ecart facility from sign up is with EKM.com and as such are bound by their terms for the life of the contract. Websorceress is not responsible for any future changes to the ecart service including availability, prices, security and such other matters beyond our control. You will need to contact EKM.com with regards to technical support, design, billing and general customer support by telephone during office hours on 03330040333. Full contact details and terms plus their out of hours support ticket system can be found on their website at: https://www.ekm.com/contact.asp

Business Laws & Laws Affecting ECommerce

  1. From time to time governments enact trading laws, data protection laws and the levy of taxes and tariffs that affect your business, company and websites including ecommerce. The Client agrees that the Client is solely responsible for complying with such applicable laws, data protection, GDPR, ecommerce trading laws, taxes & tariffs and will hold harmless, protect, and defend Websorceress and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of such laws including the online display of content and notices.

Domain Name Registration

  1. Domain name registration of an unregistered .co.uk name is usually included in the price of our web design packages. Should the Client already own a relevant Domain Name, the Website Package Fee will remain the same but Websorceress can provide assistance in changing your DNS/nameserver settings required in order to point to your new hosting account.  Websorceress can make the changes entirely if required - in this case the client agrees to give Websorceress permission to access the domain account(s) for this purpose.
  2. Please refer to our price list page on our website for details of applicable current registration and renewal prices
  3. Should you wish to purchase a registered Domain Name that Websorceress currently has ownership for, this will be billed for separately for an agreed price.

Web Hosting & Email

  1. 12 months inclusive Website and email Hosting is included free of charge in the price of our web design packages.  If a client decides to use their own hosting or other external provider they may do so, however, the price of the package will remain the same. The client is responsible for upload of files to the external service and agrees that Websorceress will not be held responsible for any incompatibilities.
  2. Web hosting is renewable annually and the fee depends on the package the client has chosen, prices can always be found on our price list of which may vary without prior notice.  For payment timescales, please refer to 'Renewals' below.
  3. Email accounts provided do not include support for third party mail clients.  Clients use third party mail clients at their own risk. The client is responsible for backing up their own data and Websorceress will not be held responsible for any potential loss as a result of using such software.
  4. Hosting provided by Websorceress has its own separate terms.

Content/Copyright

  1. All text content must be prepared by the client in advance and provided in digital format i.e. Word, Wordpad, plain text or email. All logos/images/photos etc. must be also be in digital format and provided by email, CD or memory card.
  2. All content supplied by the client, must be delivered within a reasonable timeframe. Failure to achieve agreed timeframe targets may result in additional charges being applied and suspension of services.
  3. The client is solely responsible for ensuring the accuracy and content of their information.  Anything untoward noticed by the client should be reported to WebSorceress immediately.  If on the rare occasion an error is made by WebSorceress, the situation will be rectified without charge at the earliest convenience.
  4. The Client represents to Web Sorceress and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Web Sorceress for inclusion in web pages are owned by the Client, the work is copyright free, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Web Sorceress and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. WebSorceress does not accept responsibility for copyright issues caused by improper use of material.
  5. Copyright to the finished assembled work of web pages produced by Web Sorceress is owned by the Client once all services commissioned have been paid for by the Client in full; the client is assigned rights to use as a web site, the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Web Sorceress and its subcontractors retain the right to sell on graphics and any other Web design elements and to display all examples of their work in their respective portfolios.
  6. Authorship Credit - Client agrees that Web Sorceress may put a byline and hyperlink on the bottom pages of their website establishing authorship credit and copyright notice and that Web Sorceress may advertise the Client’s website as an example of their work.

Search Engine Listings

  1. Websorceress does not guarantee listings on Search Engines and the Client accepts that it is Search Engines and not Websorceress who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines and that a new website may never even appear on Search Engines at all.  Websorceress does not control Search Engines' algorithms and huge shifts can appear daily, weekly and even hourly.

Website Maintenance/Content Management

Maintenance/Content Management/Updates/Amendments are not included in the price of website packages with the exception of the Premier Package (1 month optional inclusive).  Options for website maintenance post-build, include 'Pay as you Go' chargeable at our current rate or an annual subscription package with terms as follows:

  1. Standard Annual Maintenance Subscriptions:
    Single Annual Payment - Full cleared payment is required prior to service commencement. Payment may be made by bank transfer from e-invoice, cash or cheque. After a period of (12) twelve months from the date of subscription commencement, unless you wish to cancel or amend your subscription, a renewal invitation shall be issued approximately 30 days prior to the expiry date. The Annual Subscription may be cancelled at any time prior to renewal, however, you will not be entitled to any refunds for any unspent hours/remaining months from the date of cancellation up to the original date of expiry.
  2. Maintenance subscriptions are inclusive of up to 2 hours work per calendar month of standard changes such as content updates, addition/revision and removal of text, photos, graphics and images, adding news features, sales offers, announcements, product additions, changes and prices, meta tags and keywords, contact/form information and email addresses plus (where applicable) standard social media contributions. 
  3. Requests for work not covered by the maintenance subscription will be quoted for separately as per our current price list or by request.  Items typically not included are graphic design, stock images, photography, logo generation, printed goods, social media promoted/boosted posts and any other items that require external costs to ourselves.
  4. Unused Maintenance Hours do not roll over but may be carried forward for a maximum of 3 calendar months, strictly by prior agreement. Any unspent hours thereafter shall be lost.  This is to ensure you make the most use out of the service to maximise value for money and helps us to safeguard a balanced workload.
  5. Changes/amendments must be made available electronically (via email, file sharing software or memory stick). Depending on current workload, amendments are typically actioned within 2 working days. Significant, technical amendments or those that require more time than the permitted monthly allowance may be delayed beyond this, however, we will always contact you in such cases to keep you informed of expected start/completion dates. Any requests made Friday pm may be deferred to the next working week.
  6. Maintenance will not be carried out during bank/public holidays or during shutdown periods, such as (but not exclusively to) Easter, Christmas and New Year. Details of forthcoming shutdowns (with notice) will always be made available on our website contact page.
  7. 'Pay as you Go' maintenance requirements should be requested by the client in writing and will be quoted for separately. Please see our price list for the current rate per hour and contact us for advice.

Logo Generation

Please read these terms carefully as payment will be considered as full acceptance. If you do not accept these Terms and Conditions stated here without modification, you may not use such services.

Logo generation is exclusively available to customers who have or intend to purchase Websorceress' website services.  Websorceress offer both text and graphic logos, prices of which may vary. Logo's are payable in full in advance, prior to work commencement to cover the cost of our labour together with the finished product. Should you decide to cancel your order after purchase, you will only be entitled to a refund of charges provided that work has not already commenced. Refunds will not be made available once the initial designs have been created and supplied to the client, but refunds for incomplete work will be considered at the discretion of the management. Should Client receive such refund, they acknowledge that they will have no right (express or implied) to use any response/samples or other work product, content, or media, nor any ownership interest in or to the same.

Design process

Logo's are generated based on consultation with the client and personalised to the clients specification. All material supplied by the client must adhere to our Content/Copyright terms above. Samples will be made available to the client throughout the generation process and at that time the client will have the opportunity to make suggestions and changes, and entitled to no more than 3 minor revisions to the original design draft as part of the design fee. If a major redesign is requested by the client, this will incur additional further cost.

Project duration

Client agrees to provide timely responses after receiving status notifications from Websorceress. Client shall have 30 days to respond to each set of Responses submitted to Client for review. If after 30 days the Client has failed to so respond, Websorceress has the right to charge additional time based costs to complete the work.


Project completion

Once the client is satisfied the artwork is complete and has chosen and confirmed their finished sample in writing, a full print quality image will be emailed to the client.  After the finished Project is sent to the client, the project shall be deemed to be complete and Websorceress shall will have no further obligation to Client.  A variety of file formats can be made available upon request.

Ownership (copyright and title) of the final artwork become the property of the Client, having unlimited, indefinite, and royalty-free use of the image. Websorceress retains rights to display the artwork in portfolio and advertising materials. All concepts, or other preliminary materials, which are not selected by the Client or are not included into the final delivery, remain the full property of Websorceress or other third parties and may not be used by the client.

Upgrades/Renewals

  1. You can upgrade your current website package at any time (e.g. move from Standard to Pro), paying only the difference in price between your current package and that of the package you want to move on to, providing you intend to keep the original design.
  2. Renewal of Hosting fees and domain names are outlined under seperate terms.

Cancellations/Contract Termination

  1. The client may discontinue the services of Websorceress at any time if done so in writing/email and providing that all outstanding fees are paid in full.
  2. Transfer of your site and domain name (where applicable) to another service provider/web developer will be the sole responsibility of the client. Upon notice, release documentation will be prepared and once confirmed by the client, all relevant files (and domain release if applicable) will be made available to the client electronically and any hard material may be collected by the client.  The client understands Websorceress is no longer responsible for the domain or website functionality once released.
  3. Websorceress reserves the right to terminate a contract at any time without notice if it is deemed that the website content is illegal, unethical, immoral or subject to dispute.
  4. A Website will be removed immediately if ordered to do so by the courts.
  5. If the client controls their own domain name, registered with their own provider and decides to repoint domain names, any hosting including associated email accounts with Websorceress will no longer be viewable or accessible. It is therefore important to ensure your data is backed up prior to any changes. Following domain repointing, your hosting will remain unaltered for a period of up to 3 months in case you change your mind and wish to return.
  6. All Clients who have cancelled their hosting account: Following a 3 month period following cancellation, it will be assumed your hosting and email account are no longer required and shall be deleted from our server without notice. This process is irrevocable.

Customer Referral Scheme

  1. The scheme is available to existing Websorceress customers only.
  2. Upon successful referral of a new, non existing Websorceress client, customer is awarded a Maintenance Time Credit once the purchase has been made.
  3. Maintenance Time Credits may only be redeemed against sites purchased from Websorceress.
  4. Maintenance Time Credits are valid for a 6 month period from qualification.
  5. New customers exclude any current Websorceress customers or any business quoted for prior to referral.
  6. No refunds or cash alternatives apply.

General Information

  1. Where stipulations are made for requests to be made in writing, this includes electronic mail, form mail, handwritten, fax or printed format.
  2. When requested, Websorceress will endeavour to identify a suitable domain name and hosting agreement either directly or through third parties.
  3. All quotations provided by WebSorceress are valid for a period of 30 days from quotation date.
  4. Additional services must be requested by the client in writing and will be quoted for separately.
  5. Websorceress takes no responsibility for the functionality or maintenance of the website after the work has been completed (unless a maintenance contract is in place).
  6. Errors (both technical and typographical) attributable to Websorceress will be corrected free of charge, but Web Sorceress reserves the right to charge a reasonable fee for correction of errors for which Websorceress is not responsible, including, but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided to Web Sorceress by the Client.
  7. The entire risk as to the quality and performance of the web pages and website is with Client. In no event will Websorceress be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Websorceress has been advised of the possibility of such damages.
  8. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
  9. Websorceress cannot be held responsible for any loss of service or business due to incompatibility or as a result of external failure, that may be reliant upon and beyond Websorceress' control.
  10. It is important you understand that is the customer's ultimate responsibility to ensure their business and website is compliant with all applicable laws relating to the country of origin and to that of users on a global level. If in doubt, we recommend you seek legal advice from a law expert or other legal professional.
  11. The terms and conditions as laid out may be amended at any time without prior notice. Please check from time to time for updates.
  12. Our company has a Privacy Policy regarding the use of your information which can be viewed by clicking the above link.
     

If you have any questions regarding our terms and conditions of sale, we are more than happy to discuss them with you, please contact us.

Websorceress Web Design, Flintshire, North Wales and Chester