MYWEBCARE GENERAL TERMS AND CONDITIONS
The following terms and conditions apply to all services provided by Mywebcare Limited to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
2. Charges and Payment
Charges for services to be provided by Mywebcare Limited are defined in the project proposal that the Client receives. Proposals are valid for a period of 30 days. Mywebcare Limited reserves the right to alter or decline to provide a proposal after expiry of the 30 days.
Invoices are normally sent via email; however, the Client may request to receive hard copy invoices. Payment for services are due by bank transfer or cheque. Bank details will be made available on invoices. Cheques should be made payable to Mywebcare Limited and sent to Mywebcare Limited, 67 East Craigs Wynd, Edinburgh, EH12 8HJ. Payments made by debit or credit card will incur an additional processing fee of 4.0%.
Unless agreed otherwise with the Client, all design services require a non-refundable deposit of a minimum of fifty (50) percent of the project total before the work is supplied to the Client for review. A second charge of twenty-five (25) percent is required after the development stage, with the remaining twenty-five (25) percent of the project total due on the specified date or upon completion of the work, whichever is sooner. Final payment must be received prior to upload to any web server or release of materials.
Failure to pay for goods or a service by the agreed due date will result in an interest charge of 8% above the Bank of England base rate being applied.
We also have the right to charge a fixed sum for the cost of recovering a late payment on top of claiming interest and recover all reasonable costs of taking legal action if necessary.
3. Additional Expenses
Client agrees to reimburse Mywebcare Limited for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
Any additional work required out with any support agreement will be charged at Mywebcare Limited’s standard hourly rate of £75 + VAT.
4. Browser Compatibility
Mywebcare Limited makes every effort to ensure websites are designed to be viewed by most visitors. Websites are designed to work with the latest versions of Firefox, Safari, Chrome and Internet Explorer v10+. Client agrees that Mywebcare Limited cannot guarantee correct functionality with all browser software across different operating systems.
Mywebcare Limited cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Mywebcare Limited reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Mywebcare Limited’s Web space, Mywebcare Limited will, at its discretion, remove all such material from its web space. Mywebcare Limited is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will incur a return charge of £25 and the Client’s account will immediately be in default until full payment is received. Clients with accounts in default agree to pay Mywebcare Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Mywebcare Limited in enforcing these Terms and Conditions.
6. Contract and Termination
Support Agreements are normally 12 months unless agreed beforehand between the Client and Mywebcare Limited.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. No refund will be provided for payments made and the Client must fulfil their contractual obligations.
Upon termination of an Agreement for any reason, you shall cease using the Software and/or Service and shall destroy all other Mywebcare Limited Confidential Information. You shall, upon request, sign a Mywebcare-supplied certification attesting to the foregoing.
Upon termination of an Agreement for any reason and payment of all outstanding fees, Mywebcare Limited shall either return or destroy all your Confidential Information. Mywebcare shall, upon request, sign a Mywebcare-supplied certification attesting to the foregoing.
Upon termination of an Agreement for any reason, Mywebcare reserve the right to destroy all data, files and images held on our hosting platform 30 days after the termination notice has been served.
All Mywebcare Limited services may be used for lawful purposes only. You agree to indemnify and hold Mywebcare Limited harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and artwork provided by the Client, and grants Mywebcare Limited the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Mywebcare Limited permission and rights for use of the same and agrees to indemnify and hold harmless Mywebcare Limited from all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Mywebcare Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
9. Standard Media Delivery
Unless otherwise specified, this Agreement assumes that any text, photographs or artwork required will be provided by the Client in electronic format. Although every reasonable attempt shall be made by Mywebcare Limited to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
10. Third Party Products
Under no circumstances shall Mywebcare have any responsibility or liability to the Client with respect to any product or service provided by a third party. This can include but not limited to cancellation or transfer of any previous or existing services such as email, hosting, software or support charges.
11. Access Requirements
If the Client’s website is installed on a third-party server, Mywebcare Limited must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
12. Post-Placement Alterations
Mywebcare Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
13. Domain Names
Mywebcare Limited may purchase domain names on behalf of the Client. Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top- level domain name registrar. Customer domains purchased by Mywebcare Limited belong to the customer and will be registered in their name. Domain name renewals and their applicable fees will be charged to the customer upon renewal. The Client confirms that the domain name sought is not a trademark of a third party. The Client agrees to indemnify Mywebcare Limited including any incidental costs, against any claims that a domain applied for, or obtained, violates the intellectual property rights of a third party. The loss, cancellation or otherwise of the domain brought about by non, or late payment is not the responsibility of Mywebcare Limited.
Mywebcare Limited hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
- Loss or damage with respect to any product or service provided by a third party including cancellation or transfer of any previous or existing services such as email, hosting, software or support charges.
The entire liability of Mywebcare Limited to the Client in respect of any claim whatsoever or breach of this Agreement, whether, or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
16. Interference and Competition
The Client shall not, directly or indirectly, during the term of this Agreement: (i) induce or influence any employee of Mywebcare Limited or any other person or entity to terminate their relationship with Mywebcare Limited; or (ii) produce a product or service that competes with the Service and/or Software.
Mywebcare Limited shall use its reasonable endeavours to make any server or services available to the Customer 99% of the time over a period of 30 consecutive days, but because the services are provided by means of computer and telecommunications systems, Mywebcare makes no warranties or representations that the Service will be uninterrupted or error-free and Mywebcare Limited shall not, in any event, be liable for interruptions of Service or downtime of the server.
Mywebcare Limited communicates with our Clients via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features, changes in service costs and special offers.
To protect your privacy, Mywebcare Limited will not distribute Client details to third parties, unless required to do so by law.
Information, offers and proposals made by Mywebcare Limited to potential Clients should be treated as Confidential Information and remain the property of Mywebcare. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorisation from Mywebcare. This includes but is not limited to technical features, functionality, aspects of any design and pricing information.
20. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish Courts.
21. Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control. These event include but are not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
22. Additional Remedies
In addition to any other remedies at law or in equity to which it is entitled, Mywebcare Limited reserves the right to terminate this Agreement upon with 30 days advance written notice if you: (i) are in material breach of this Agreement for more than ten (10) consecutive days after written notice; (ii) are the subject of a dissolution or bankruptcy action; (iii) suffer the appointment of a receiver or trustee; or (iv) commit any act related to this Agreement with the intent to defraud Mywebcare.
Each party, and each person signing on behalf of a party, represents and warrants it has full legal capacity and authority to enter into and perform the obligations of this Agreement without any additional consent or approval.
If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.
24. Entire Agreement
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.