TERMS AND CONDITIONS

TERMS AND CONDITIONS

Last updated: 09.06.2020
Version 2.0

Introduction
Webstacker.co.uk is a website operated by Webstacker Website Design and Development ("Webstacker", "we" or "us"). Our registered business address is at 1 Rushcroft Terrace, Baildon, West Yorkshire, BD17 6DA.

Payment Terms
All invoices are stored securely on our Gateway system to view or download. You will receive an email notification when the invoice is ready to view.
Our payment terms are 14 days.
Unless stated or agreed otherwise you must make payment within 14 days of receipt of any invoices. Failure to do so will result in an interest charge of 8% plus the reference rate for the bank of England under the Late Payment of Commercial Debts (Interest) Act 1998 and compensation arising from late payment under section 5A of the Late Payment of Commercial Debts (Interest) Act 1998.
The required payment timeframe is stated on the first page of all invoices.
Payment can be made by bank transfer, Direct Debit or Debit and Credit Card via the Gateway system.
If we do not receive payment within this timeframe we will reserve the right to restrict the services that we provide, this will include suspension of hosting, websites and emails.
Payment for care plans, hosting and SEO campaigns is required in advance to the month/period the service is provided.
Ongoing monthly payments will not be invoiced until your site is ready to be launched. The site will be launched on receipt of your first monthly payment.


General
Our primary means of contact is via email and via our gateway system. Please ensure that you provide us with an up to date email address and check the gateway using the URL you are provided with to stay in contact.

Legal and License
Webstacker warrants that the functionality contained in work undertaken will meet the client requirements and that the operation will be reasonably error-free.
The entire risk as to the quality and performance of the work is with the client. In no event will Webstacker 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 the website, even if Webstacker has been advised of the possibility of such damages.
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.

Revision During Execution
The client may be charged additional fees if they decide to make changes to the agreed upon project scope and objectives.

Copyrights and Trademarks
The client represents to Webstacker and unconditionally guarantees that any elements furnished to Webstacker for inclusion in the project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Webstacker and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Webstacker guarantees that all aspects of design and construction of the project will be disclosed to the Client upon completion, and full front-end code, copyrights and ownership will be the property of the Client once full payment has been received.

Timescales
All time-frames given for work undertaken are estimates. In no event will Webstacker 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 from delivering any work within a given time-frame.

Other
Any amount quoted for website projects, unless explicitly stated or agreed otherwise, excludes hosting of the website, domain name registering, video and image stock licenses and any additional licenses required for the operation/running of the website, outside of those agreed in the proposal.
If the Client halts work on a project, work completed shall be billed at the hourly rate, and deducted from the total cost quoted. If at the time of the request for a refund, work has been completed beyond the amount covered by the initial payment, the Client shall be liable to pay for all work completed at the hourly rate stated above.
For every website project a timescale for delivery will be provided. If the project time extends outside of the allocated timescale due to:
Lack or delay of correspondence from the client
Slow or delayed delivery of content from the client
Changes to the initial spec/proposal by the client
An additional hourly charge may be incurred.
Once a website project is complete, unless agreed otherwise, the client has 14 days to request any changes that relate to:
Interoperability errors
Small discretionary tweaks
Spelling mistakes
After this period, unless agreed otherwise, changes may become chargeable at an hourly rate.
After a 14 day period, if your website is not hosted on our hosting, unless agreed otherwise, any errors, downtime, detection of viruses, malware, slow loading times or any issues relating to the operation of the website or any system we install are the responsibility of the website host. We will charge an hourly rate if requested to aid in resolving any such errors.
If you choose to host your website with another host other than Webstacker and during or after the project additional work or correspondence is required from Webstacker, the additional time will be charged at our hourly rate. (This includes additional time setting up any aspect of the server, correspondence to and from the server host, additional set up time as compared to using our own host).

Website Retainers
Webstacker may offer at its discretion website maintenance work on a retainer basis.
In the case a set amount of hours are agreed within this retainer, Webstacker at its discretion, may roll up to 50% of the non-utilized hours onto the following month/retainer period.
Hours may only be rolled over once and not accumulated and are subject to our availability.

Hosting
Hosting is invoiced in advance for a minimum of a 1 year period.
You may pay for hosting monthly, we will require written notice in advance should you want to opt for monthly billing, a 15% admin charge may be added to the monthly invoices if this is the case. (This is to cover time and labour of processing 12 invoices instead of 1 invoice).
If you wish to cancel or move your hosting, we require 30 days written notice and hosting fees must be paid to the end of the current 12 month period.
Since the subscription period lasts for 12 months and is automatically prolonged 30 days before the end of each 12-month period, a cancellation must be received 30 days before the 12-month subscription period, at the latest. The unused portion of any advance payment will not be refunded.
If the cancellation is not sent to Webstacker in time, the customer is obliged to pay the subscription fee for the following 12-month period.
We do not offer refunds for any hosting fees paid in advance.
If you require to move your website/emails to another host, we may provide an export of your website’s content, including text and images. There may be a fee to provide these files and if any outstanding invoices remain on your account we reserve the right to not release any files until all outstanding amounts are settled. Unless otherwise agreed in writing, the back-end source code and database structure remain the property of Webstacker.
If your website surpasses the hosting space or usage limit allocated as detailed/quoted an additional hosting charge may be applied, we will notify you via email if this is the case.
If your website or any script/file/resource associated with your website utilizes a large amount of server CPU or RAM, additional work may be required to re-allocate your website to another host or optimise your files. (You will be notified if this is the case and this may be charged at an hourly rate).
Failure to pay hosting fees within the stated terms on your invoice may result in suspension of the hosting service.
After 90 days if payment is not received all files associated to your hosting account will be deleted.
Once any hosting service is cancelled with Webstacker, files and data may be deleted and not stored unless specially agreed otherwise.

Hosting Support
In the case when a problem with your website or email arises, if your hosting is through our server you may notify us of the error via email and we will work to resolve any issues.
In the case where an error arises from internal errors we endeavour to resolve any issues inclusive of the monthly hosting cost.
In the case where an error arises through a circumstance caused by the client, a third party to the client or the websites files, an additional charge to resolve the issues may be applied.
I.e. Websites are running slow due to excessive server load – endeavour to resolve any issues inclusive of the monthly hosting cost.
I.e. Websites are running slow due to a modification made by the client – an additional charge to resolve the issue may be applied.

Hosting and Website Care Plan
Webstacker may offer at its discretion a website care plan to provide ongoing support and maintenance work.
Unless stated otherwise your hosting and website care plan entitles you to up to 1 hour of our time per month for support for your website as required.
Hours for care plans may be used at the clients discretion, where no requests are received from the client within a given period Webstacker at its discretion will utilise the time to perform updates/maintenance for the website.
Care plan hours cannot be accumulated or rolled over to a following period.
Terms and conditions for Hosting Services applies.

Ecommerce Website Terms
The minimum term of an ecommerce website contract is 36 months, calculated from the date the contract was agreed to. Acceptance is shown by accepting the quotation, agreeing to these terms and paying the initial payment. We require a minimum of a 36 month period for all ecommerce websites in order to have the time and resources to effectively achieve results.

Brochure Website (Non Ecommerce) Terms
The minimum term of a non-ecommerce website is 12 months, calculated from the date the contract was agreed to. Acceptance is shown by accepting the quotation, agreeing to these terms and paying the initial payment. We require a minimum of a 12 month period for all non-ecommerce websites in order to have the time and resources to effectively achieve results.

Domains
In the case that Webstacker acts on behalf of a client to register a domain the domain will be registered using domain privacy and set to auto renew on expiry.
It is the client’s responsibility to inform Webstacker if they wish or intend to not renew the domain registration, otherwise the domain will be automatically renewed.
If the client wishes to transfer the domain away from Webstacker registration service a transfer fee may be incurred.

Source Code/Artwork
We do not release any artwork or front-end source code for any projects until full payment has been received. All designs, graphics and code remain the property of Webstacker until full payment for the deliverables has been received.
Back-end source code and database structure remains the property of Webstacker.
An additional charge may be applied if artwork files are requested in a format that can be edited (PSD, AI).

SEO
We recommend a minimum 3-6 month period for all SEO campaigns in order to have the time and resources to effectively achieve results.
We require 30 days written notice to cease or cancel any retainer work, including SEO, PPC and social media retainers.
You will still be charged for the current month and may be charged for the following month if 30 days written notice is not given within the 30-day threshold for the end of the month or billable period.
Please note that at any time a search engine may change their ranking algorithm, which may result in massive fluctuations in rankings. We endeavour to allow for any changes but in some cases rankings may be massively affected either positively or negatively, through reasons beyond our control.
Unless explicitly stated otherwise all amounts quoted in all Webstacker’s SEO quotes and invoices are monthly fees.
Please note that our SEO campaigns do not come with a guarantee of sales, enquiries or rankings. We do everything to ensure that we meet the KPI’s agreed in your SEO proposal/agreement, but we cannot guarantee a specific outcome due to the nature of SEO and Search Engines.
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