Terms & Conditions

1. A 'Package' is an amount of webspace and bandwidth with associated services as decided by Ware Welch Web Design.
   
   
2. A 'Client' is a person, persons, business or organisation using any of the services provided by Ware Welch Web Design.
   
   
3. 'Us' or 'we' means the company Ware Welch Web Design or its representative.
   
   
4. 'The Payment Period' shall be the time allowed by Ware Welch Web Design for receipt of all monies owed to Ware Welch Web Design by the client.
   
   
5. 'Domain' is the website address as specified by the client.
   
   
6. 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
   
   
7. 'Hosting' is a yearly cost to keep a clients website activated online.
   
   
   
   
   

1. The contract between Ware Welch Web Design and the client will be on the conditions listed here, to the exclusion of all other terms and conditions. Any variations to these conditions or alternative conditions shall have no effect unless agreed in writing. You indicate acceptance of these terms and conditions by placing an order with Ware Welch Web Design. These conditions will become effective on the date that a web hosting package or domain name is ordered and shall continue until termination of any agreement or service is declared by either party in writing.
   
   
2. Ware Welch Web Design reserve the right to change these conditions at any time without prior notice to our existing customers. The effect of any changes to these conditions will be effective immediately.
   
   
3. Ware Welch Web Design agree to provide domains and packages as shall be set out in the Ware Welch Web Design confirmation of order email.
   
   
4. Packages supplied by us will not automatically renew after there set date of expiry. Ware Welch Web Design will email clients prior to renewal of services, it is the clients responsibility to renew services at the appropriate time. Failure to renew services will result in the termination of hosting services on our servers. Hosting will then only resume once renewal is requested by the client and payment made in full. Ware Welch Web Design accept no responsibility for loss of services/revenue/domain names or any other problems caused by failure to renew a hosting package or domain name.
   
   
5. Ware Welch Web Design shall expect the client to carry out sufficient research and preparation before proceeding with a website. This will include checking that the website / idea / business and all content of the website will operate legally within UK law. It is important that the website is not in anyway illegal.
   
   
6. Ware Welch Web Design refuse to host any website which intends to publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights. Any infringment of this rule will result in immediate deactivation of the website concerned with no refund of fees paid. Ware Welch Web Design can in no way be held responsible for any offence / infringment /illegality which occurs through the posting of such material by any of our clients or former clients.
   
   
7. Ware Welch Web Design has no control of, or responsibility for, the content of our client's web sites. In no way does the textual or image based content of our client's web sites imply or constitute Ware Welch Web Design's endorsement or approval of the web site or the material contained within the web site. Ware Welch Web Design has not verified any of the materials, images or information contained within our client's web sites and is not responsible for the content or performance of these sites or for the client's transactions with them. Ware Welch Web Design provides links or references to our client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.
   
   
8. Ware Welch Web Design reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by Ware Welch Web Design but possible, providing Ware Welch Web Design decide upon this option. Ware Welch Web Design reserve the right to refuse a refund for any reason deemed reasonable to us. Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
   
   
9. Ware Welch Web Design will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control.
   
   
10. Ware Welch Web Design cannot be held responsible in any way for anything which adversely affects the client's business operations, sales, or profitability which is or is claimed to be a result of any action or service offered by Ware Welch Web Design. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all websites and software are functioning correctly before use. This shall apply even where such adverse affects were reasonably foreseeable or Ware Welch Web Design had been made aware of the possibility of the client incurring a problem or loss.
    
    
11. Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.
    
    
12. Any scripts, cgi applications or software (unless specifically agreed) written by Ware Welch Web Design remain the copyright of Ware Welch Web Design and may only be commercially reproduced or resold with the permission of Ware Welch Web Design.
    
    
13. All images displayed on the client's website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client OR Ware Welch Web Design, they will be the sole responsibility of the client.
    
    
14. Domain names will be registered by Ware Welch Web Design using the clients details as provided to us, unless agreed otherwise with the client in writing. Ware Welch Web Design accept no liability for incorrectly supplied client details and are not obliged to correct these details with nominet or any other registration agent.
    
    
15. It is the responsibility of the client to renew their domain names when due. If a domain name expires, Ware Welch Web Design can not be held liable for this. However, if the website is hosted through Ware Welch Web Design, we will make reasonable effort to contact the client regarding domain renewal.
    
    
16. When a client renews 'hosting' with Ware Welch Web Design, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting, their domain name could be made available to the public for purchase and Ware Welch Web Design can not be held liable for this.
    
    
17. Renewal of 'hosting' is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the client. The 'hosting' will not be renewed if we cannot contact the customer or the customer requests for us to not host this site.
    
    
18. The hosting renewal charge must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There may be an administration fee set by Ware Welch Web Design for reactivating the website / hosting.
    
    
19. Ware Welch Web Design reserve the right to charge a severence fee as deemed appropriate by Ware Welch Web Design to transfer a clients domain name away from our company.
    
    
20. Ware Welch Web Design are not liable for loss, damage or corruption to files or information stored on our servers or individual PC's relating to a client's website. The client is solely responsible for any information or files relating to their website.
    
    
21. Ware Welch Web Design do not allow any of the following content to be stored on its servers: Illegal Material including copyrighted works, commercial audio, video, or music files, and any material in violation of any UK legislation, adult material of any sort including all pornography, erotic images, or otherwise lewd or obscene content. What is considered to constitute "adult material" is left entirely to the discretion of Ware Welch Web Design. We reserve the right to remove material deemed inappropriate from your web pages, without prior notice.
    
    
22. Ware Welch Web Design do not provide data backup or restoration facilities for individual customers. Ware Welch Web Design accepts no responsibility for data loss or corruption caused by whatever means.
    
    
23. If a domain name is purchased by the client through a company other than Ware Welch Web Design, the client has full responsibility in making sure that the domain name is renewed when due. Ware Welch Web Design will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than Ware Welch Web Design.
    
    
24. If 'hosting' is not renewed then all data held in the clients account will be deleted.
    
    
25. All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Ware Welch Web Design and the password will be changed.
    
    
26. You may not store more data in your account than your alotted server space.
    
    
27. Your server space and ftp account is for your personal use only. You may not rent out or sell on in any way, any of the server space which we provide to a third party. You must not allow any third party to use your server space for any purpose other than to access your website with your permission. You must not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.
    
    
28. You may not run server processes (eg. talkers/IRC Bots) from your web space.
    
    
29. We reserve the right to cancel your account at any time without notice. We reserve the right to amend and update these Terms and Conditions at any time without notice.
    
    
30. Clients must not participate in any form of un-solicited bulk e-mailing or spam. Doing so will result in immediate deactivation of your website and hosting package.
    
    
31. Ware Welch Web Design operates a fair use policy and therefore offers unrestricted use of bandwidth with some hosting packages. However, should your bandwidth reach the point where it has an adverse effect on other clients we reserve the right to deactivate your site until you can reduce your bandwidth usage.
    
    
32. Unless the hosting package you order includes a dedicated server, you will only be allowed to use a maximum of five per cent of our server's processing capacity when using the hosting package you order. We will let you know if your usage has, or may have, a detrimental effect on our other customers.