In these Terms and Conditions, "the supplier" means Great-Value-Websites.Com and the "client" means the person, firm or company purchasing the goods and/or services from Great-Value-Websites.Com. "Goods" means the products which are sold by us, namely the provision of website packages, design and marketing services as outlined on this site, the subject of contract of sale to which these Terms and Conditions apply. "Order" means an order for any service placed by the client for the supply of goods and/or services from Great-Value-Websites.com.
1: STANDARD TERMS AND CONDITIONS OF TRADE
1.1 - All orders placed by the client are subject to these Terms and Conditions which override any other terms, conditions and provisions referring to the goods and/or services. Any conflicting terms in documents passing between the supplier and the client will have no legal effect.
1.2 - A contract of sale shall be deemed to have commenced and be binding at the moment an order has been placed by the client. Payment for those services outlined in that order will become due from the client at the point when the order is placed, unless otherwise agreed in writing.
1.3 - The supplier is bound to supply only the goods and services outlined on this website or by email which have been requested by the buyer. This will generally happen within 7 working days, but can take up to 28 days in exceptional circumstances. In the event that the supplier is unable to build or complete a website ordered within 28 days as a result of the client's failure to provide all necessary information required to do so, then the client will be liable to pay the full cost of the website ordered.
2.1 - In the event of cancellation of an order by the client within 24 hours of the order being received in writing (including by email), monies paid by the client may be refunded at the supplier's discretion, less any expenses incurred by the supplier in set-up fees and work undertaken.
2.2 - No monies can be refunded for orders cancelled after 24 hours of the order being placed.
2.3 - In the event of an order being cancelled after 24 hours of it being placed, the client will be liable to pay the full cost of the website or other service ordered.
3.1 - Payment is due once the order has been placed. However, where an invoice is issued as outlined in 1.2 of these terms and conditions, payment is due within 7 days of the date of the invoice. The supplier reserves the right to unpublish the client website and charge £5.00 for each week the invoice remains unpaid to cover the costs associated with issuing reminders until that balance is paid. Where a client account has unpaid balances for additional work carried out by the supplier, the supplier reserves the right to unpublish the client website and charge £5.00 for each week the invoice remains unpaid until that balance is paid.
3.2 - Where an order has been placed, services connected with that order will be supplied at the price prevailing at the time of that order being placed.
4.1 - The supplier cannot guarantee that any domain name specified by the client is available, but the supplier will endeavour to source a domain name suitable to the client.
4.2 - Great-Value-Websites.Com do not offer domain registration services on a stand-alone basis. We only register domains as part of an order to build a website connected with that domain and any request to register a domain will be taken as an order to build a website and will be charged accordingly.
4.3 - Ownership of domains we register on behalf of clients will become the property of the client only when the client has paid for the associated website in full. If hosting of a website is not renewed and not cancelled in line with 10.2 of these terms & conditions, ownership of the domain will revert to Great-Value-Websites.Com until any outstanding hosting, transfer or other outstanding fees are paid in full.
4.4 - In exceptional circumstances, a website may, at the request of the client, be built on existing domains registered by the client. The supplier cannot offer any support for these domains nor guarantee the continuence of the website in the event that a domain registered elsewhere is not renewed or is suspended for whatever reason.
4.5 - If a client chooses to transfer a domain away from Great-Value-Websites.Com, they do so on the understanding that their associated website will be lost.
4.6 - If a client requests Great-Value-Websites.Com to assist in transferring a domain they have previously registered with another provider, the supplier will make a charge for the time taken to undertake the transfer based on a rate of £30.00 per hour.
5: REFUSAL OF ORDER
5.1 - The supplier has the right to refuse any order, in which event any monies paid by the client will be refunded.
6.1 - All fees for services provided are subject to change at any time without prior notification.
7.1 - The client is responsible for supplying all content (text and images) for their site. The supplier is not responsible for adding content (text and images) to client sites and takes no responsibility for the content added to the site by the client.
7.2 - The supplier will add content (text and images) if requested to do so by the client for the additional fees specified on this website.
7.3 - The supplier has no responsibility for copyright infringement of images supplied by the client or taken from other websites with the clients’ approval on the basis that the client has sought and received prior permission to use these images.
7.4 - Legal responsibility for all content on websites remains completely with the client including copyright infringement.
8: ILLEGAL MATERIAL
8.1 - The client agrees not to upload illegal material to any sites provided by the supplier.
9: WITHDRAWAL OF SERVICES
9.1 - The supplier has the right at any time to withdraw hosting services from a client who breaches these terms and conditions.
9.2 - The supplier has the right to alter these Terms and Conditions and prices at any time without prior notice.
9.3 - Websites provided by the supplier become the full responsibility of the client upon full payment for the goods and services provided. Title of the goods shall remain with the supplier until full payment of all monies due from the client to the supplier has been received in cash or cleared funds.
10.1 - The supplier will charge of £30 per domain to transfer hosting away from Great-Value-Websites.Com.
10.2 - Clients no longer requiring their website must notify Great-Value-Websites.Com no later than 7 days before hosting renewal fees are due. Failure to do so will render the client liable to pay the hosting fees due for the following 12 months.
10.3 - The client understands that if hosting is transferred away from Great-Value-Websites.Com, all site content will be lost as the software supporting it cannot be transferred to another host.
10.4 - Hosting fees are due no later than the date specified on the invoice issued annually by the supplier. Non (or late) payment by the date specified will result in the permanent loss of the client website and associated email accounts. Please note that email accounts cannot be hosted separately from websites.
10.5 - Invoices will not be issued where a client has opted to pay their hosting renewal fee by standing order.
10.6 - Where a client cancels a standing order mandate in favour of Great-Value-Websites.Com in respect of hosting fees, this shall be taken as notification that the client no longer requires their website which will be removed from the internet, together with all services.
10.7 - The supplier reserves the right to remove websites for which hosting fees are not paid.
10.8 - Clients are reminded that once sites are removed, the site software will be lost, requiring the site to be rebuilt at the client's cost.
11: LOSS OR DAMAGE
11.1 - The supplier shall not be liable for loss or damage incurred by the client as a result of goods and/or services provided arising as a consequence of misuse of our products or as a result of interruption of service by the hosting company or ISP provider.
12.1 - The entire liability of the supplier under, or in connection with, these Terms and Conditions, whether in negligence, breach of contract, misrepresentation, or otherwise, is limited, in respect of each event or series of connected events, to damages which shall not exceed, in the case of contracts relating to (i) the sale of goods, the amount representing the price of the goods (excluding VAT) invoiced to the client; (ii) the supply of services, the amount paid by the client in respect of those services, provided that such amounts shall not exceed the sums recoverable under any relevant policies which the supplier may have at the time a claim is made by the client.
12.2 - Nothing in these Terms and Conditions shall operate to exclude or restrict the supplier's liability for: (i) breach of obligations arising from section 12 of the Sale of Goods Act 1979; (ii) fraud.
12.3 - The supplier's failure to insist upon strict performance of any provisions of these Terms and Conditions shall not be deemed to be a waiver of its rights or remedies or a waiver by any of its subsequent default by the client in the performance of or compliance with any of the provisions of these Terms and Conditions.
12.4 - The supplier shall not be under any liability whatsoever for non-performance in whole or in part of its obligations under contract with the client, which is a result (whether directly or indirectly) of any strike, lock out, fire, flood, inability to obtain materials, breakdown, delay of supplier or carrier, government act and/or regulation or any cause beyond its control ("events of force majeure").
13.1 - Any and all copyright in the product(s) supplied by the supplier shall remain the property of the supplier or its licensors (as appropriate).
13.2 - The supplier has no responsibility for copyright infringement of images supplied by the client or taken from other websites with the clients’ approval on the basis that the client has sought and received prior permission to use these images.
13.3 - The client agrees that the ‘Great-Value-Websites.Com’ imprint remains in the footer of each website page with a link back to www.great-value-websites.com.
14: TECHNOLOGY UPDATES
14.1 Great-Value-Websites.Com cannot guarantee that changes in technology affecting an existing client website in any way will not be introduced either by our own hosting provider Fasthosts or third party suppliers.
14.2 Great-Value-Websites.Com cannot therefore guarantee that existing software platforms will not be superseded by newer versions at any time, even where these affect the functionality of existing websites.
14.3 Where new platforms supercede existing ones, Great-Value-Websites.Com cannot guarantee the technical support we are able to offer on older or defunct website platforms.
15: EMAIL ACCOUNTS
15.1 Emails accounts provided free as part of the websites we build are the basic version of Microsft Outlook App and cannot be set up on mobile devices. Such email accounts need to be upgraded to a higher specification account for which there is an additional charge.
15.2 Where websites are discontinued either at the request of a client or due to non or late hosting payments, associated email accounts are discontinued. In these circumstances, emails will become irretrievable.
16.1 - These Terms and Conditions and all contracts subject to these Terms and Conditions shall in all respects be governed by Scottish law and the parties shall submit to the non-exclusive jurisdiction of the Scottish courts.
Great Value Websites Limited, 4 Station Drive, Dalbeattie, Dumfries and Galloway, DG5 4FA. (Tel: 01556 612855).