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Glofish Web Design Terms and Conditions

 

 

1. Definitions
2. This Agreement
3. Exclusion of Warranties
4. Service Price and Payment
5. Termination
6. Acceptable Use Policy
7. Suspension of Services
8. Web Site Creation
9. Domain Name Registration and Web Hosting
10. Software
11. Data Protection
12. Archival and Backup
13. Support
14. General Terms

 

1. Definitions

1.1 The "Customer" means the user/client, "Glofish" means Glofish Web Design (‘us, we’), "Services" means all services provided by Glofish including but not limited to web site creation, email, web hosting, editing, copywriting, search engine optimisation (SEO), photography.

2. This Agreement

2.1 This document constitutes the whole Agreement between Glofish and the Customer. No change to it can apply unless it is in writing and is signed by Glofish and someone authorised by the Customer.

2.2 From the date of acceptance of this agreement by us, we agree to provide you with the products and Services set out in the agreement, and you agree to make payments according to the terms of this agreement.

2.3 If we do not, at any time, enforce any of our rights under this Agreement, we do not give up any of those rights.

2.4 If you are a partnership of two or more persons, you will be liable for payments individually and together.

2.5 Glofish agrees to provide the services to the Customer to the extent described in the agreement, which shall be deemed and incorporated into these terms and conditions. 

2.6 Glofish reserves the right to alter or withdraw any service at any time, on giving current Customers prior warning.

3. Exclusion of Warranties

3.1 All conditions or warranties which may be implied or incorporated into these terms and conditions by law or otherwise are hereby expressly excluded to the extent permitted by law. In no circumstances whatsoever will Glofish be liable for economic, indirect or consequential loss.

3.2 Glofish's Services are provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to Glofish or the Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality, or any loss of data resulting from delays, non-deliveries, 
missed deliveries, or service interruptions.

3.3 In any event the liability of Glofish to the Customer in respect of an event or series of connected events arising out of or in connection with these terms and conditions whether in contract, damage (including negligence) or otherwise shall be limited to all sums payable in respect of the Services described in the agreement

4. Service Price and Payment

4.1 The charges payable by the Customer for the provision of the Services are set out in the agreement. If for any reason Glofish is unable to collect payment from the customer as it becomes due under these terms and conditions or in the event of default on payment by the customer this will constitute a material breach of these terms and conditions by the customer. Glofish shall have the right to require the Customer to pay all sums due under these terms and conditions on demand.

4.2 All invoices are due for payment within 14 days from the date of issue of the invoice, unless otherwise stated in the agreement.  

4.3 For accounts in default Glofish reserves the right to charge interest on the outstanding balance at a weekly rate of 3% above HSBC's base lending rate. All payments due under these terms and conditions shall be made by the Customer in full.

4.4 All sums due to Glofish under these terms and conditions are quoted free of Value Added Tax. Any other applicable taxes which may from time to time be charged thereon in accordance with the relevant regulations in force at the time of making the taxable supply and shall be paid by the Customer.

4.5 Glofish reserves the right to terminate the services to the Customer forthwith in the event of any default of payment.

5. Termination

5.1 The initial term shall commence when the Customer opens an account or starts using Glofish's services. This agreement will continue and payments will be taken according to the service subscribed to until the customer requests cancellation or if Glofish decides to terminate the agreement according to the terms below.

5.2 Glofish (without prejudice to its other rights) may terminate this Agreement immediately if:

5.2.1. the Customer breaches any clause under these Terms and Conditions.

5.2.2. Glofish is obliged to comply with an order, instruction or request of Government, an emergency services organisation, or other administrative authority, to cease to provide any service provided to the Customer.

5.2.3. the customer breaches Glofish's Acceptable Use Policy, or

5.2.4. the provision of any service to the Customer would give rise to or cause disruption to the services offered by Glofish to its customers.

5.3 Without prejudice to its rights of termination at any time under Clause 5.2, Glofish shall have the right to suspend the provision of any Services without notice if Glofish has the right to terminate this Agreement.

5.4 If any Glofish invoice remains unpaid fourteen (14) days after its due date, Glofish may without further notification or prejudice to any other remedy, suspend or disable the Service or, at its option terminate the Agreement. Termination due to non-payment shall not relieve the Customer of its responsibilities under this Agreement, including the responsibility to pay all fees up to the date of termination.

5.4.1. After the Customer approves their new website concept, an invoice is issued. Until the Customer's payment clears, the contract between Customer and Glofiish is paused. If the Customer's payment of invoice clears within 14 days after its due date, Glofish will resume the contract between the Customer and Glofish, complete the website and upload it to the internet for the Customer. Adaptations and improvements will happen between concept and when the website is online.

5.5 Glofish shall be able to terminate this agreement for any reason on giving the Customer a minimum of 1 month's notice at any time.

5.6 The Customer may terminate this agreement, by giving 30 days written notice by either email, or letter. 

5.7 In the event of termination, whether initiated by the Customer or Glofish no refunds will be given on subscription charges, whether monthly, quarterly or annual.

5.8 In the event of termination the Customer shall immediately cease to make use of Glofish's Services.

5.9 In the event of one party suffering an Insolvency event, then the other may, without prejudice to any other right or remedy, terminate this Agreement. Where the Customer suffers an Insolvency event and this occurs during the initial 12 months of the Agreement, the Customer shall be liable for the balance of payments outstanding for the first year.

6. Acceptable Use Policy

6.1 A breach of our Acceptable Use Policy will constitute a material breach of these terms and conditions and shall entitle Glofish to terminate the agreement pursuant to Clause 5.2.

6.2 The Customer shall not (or authorise or permit any other party to) use Glofish's Services for the transmission of any material which is in violation of any UK law or regulation.  Such prohibited transmission might include, but is not limited to: copyright material, material legally judged to be threatening or obscene, material protected by trade secret, defamatory material.  Any breach of this Clause will be deemed to be a material breach of this agreement and shall entitle Glofish to terminate the agreement pursuant to Clause 5.2 and for this purpose it shall be irrelevant whether the Customer is aware of the content or illegality of any material so transmitted or not.

6.3 Not withstanding and in addition to Clause 5.2 Glofish may suspend the Service without notice with immediate effect if in Glofish's reasonable opinion the Customer is in breach of these Terms and Conditions or acted inconsistently with the spirit of these terms and conditions.

6.4 The Customer acknowledges that Glofish is unable to exercise control over the content of the information passing over the Glofish connection and/or the Glofish network and/or the Services, and Glofish hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.

6.5 The Customer hereby agrees to indemnify and holds Glofish harmless from any claim brought by a third party resulting from the use of the Glofish network, Services including but not limited to infringement of any intellectual property right of any kind, legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgements finally awarded against Glofish arising from such claims, and shall provide Glofish with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense. Such actions will be taken in consultation with the Customer.

6.6 The Customer shall take reasonable efforts to keep all issued passwords, in relation to Services provided by Glofish, private and confidential, and ensure they do not become known to other parties. If such passwords become known to other persons, it is the responsibility of the Customer to inform Glofish immediately, so that breached passwords can be changed with immediate effect.

7. Suspension of Services 

7.1 Glofish may without terminating this agreement suspend provision of any Services in whole or in part until further notice with immediate effect if:

7.1.1. Glofish has reason to terminate this agreement in accordance with Clause 5;

7.1.2. Glofish is obliged to comply with an order, instruction or request of Government, an emergency services organisation, or other administrative authority, or

7.1.3. Glofish needs to carry out work relating to upgrading or maintenance of the Glofish network but providing that Glofish has given the Customer a reasonable period of notice practicable in the circumstances.

7.2 If Glofish exercises its right of suspension in respect of an event referred to in Clause 7.1, this will not exclude its right to terminate this agreement later in respect of that or any other event, nor will it prevent Glofish from claiming damages from the Customer resulting from such event if the Customer is in breach of these terms and conditions.

8. Web Site Creation

8.1 If a project timescale has been set, Glofish cannot be held liable for any costs incurred, or lost revenue if a deadline is not met.

8.2 Any proposal or quote given, sets out all work included. Any work carried out over and above the original agreement, or enhancements on agreed workings of applications are liable for further charges to be made.  

8.3 It is the Customers responsibility to check all content on their site with regard to accuracy and breaches of clause 6.2.  All errors and breaches of clause 6.2 must be reported to Glofish immediately.

8.4 The Customer is allowed reasonable minor changes to the Customer's new website after upload within the first seven days and will not incur a charge to the Customer.

8.4.1 Design changes requested by the Customer that are not minor or after seven days, will incur a charge of £30 per hour, or £100 per page for larger changes, and/or additional pages payable by the Customer.

8.5 If the Customer supplies the text, it must be original. The Customer must check text, as Glofish will not be held responsible for spelling mistakes or grammatical errors.

8.6 Images sourced by the Customer must have web permission rights to be used online. If the Customer chooses not to follow recommendations with regards to web permission rights, it will be the Customer's responsibility, and the Customer's fine should the copyright holders decide to prosecute.

8.7 Edits or changes requested by the Customer outside Client Management System (CMS) will incur a charge of £30 per hour for small changes, £100 per page for larger changes and/or additional pages payable by the Customer.

9. Domain Name Registration and Web Hosting

9.1 Glofish act as ‘agents’ on behalf of the Customer, and all domain names are registered in the Customer name (unless by prior authority).

9.2 Domain names bought or renewed through Glofish cover the up to an initial 2 year period of registration of the domain name, unless otherwise stated.  Domain names shall be invoiced and failure to pay within the specified period may mean that rights to the domain name are given up by the holder i.e. the Customer.

9.3 The Customer is bound by the terms and conditions set out by the Naming Authority.

9.5 Glofish may charge for any administration related to clause 9, as agreed to in advance by the Customer.

9.6 Glofish give no warranty that the domain name requested or purchased on behalf of a Customer will not infringe the rights of any third party.

9.7 Glofish packages come with 12 months FREE hosting as standard. After free period has expired, rates are offered to the Customer of from £5 per month or from £50 per year to continue hosting with Glofish. Glofish only offers these rates when one of the Glofish packages is purchased. The Customer must inform Glofish which tariff is preferred if to continue hosting with Glofish, at time of package purchase. This will not commit the Customer, however Glofish must know for the following reasons:

9.7.1 After 12 months from commencement, an annual charge of from £5 per month or from £50 per year is payable, which will continue to cover the Customer's domain name, email accounts, and website hosting for another 12 months. The Customer will need to set up an automated payment accordingly to begin on the 12th month. The Customer's automated payment should be set up to continue indefinitely, until such a point the Customer may wish to discontinue or upgrade usage. If the Customer chooses to discontinue domain name, email accounts, and website hosting with Glofish, the Customer must notify Glofish immediately. Glofish is unable to refund any payments that have already been made as pro-rata or otherwise.

9.7.2 If Customer chooses to move domain name, email account, and website hosting elsewhere, the Customer needs to notify Glofish before the Customer's free 12 month period expires. Failure to do so may mean the Customer's domain name, email account, and website will no longer be renewed and taken offline immediately.

9.7.2.1 If the Customer notifies Glofish before expiry of free period, the Customer must have the new domain name, and website hosting details ready. Glofish will transfer the Customer's website to its new location for a fee of £50 payable by the Customer. The Customer will have 14 working days to pay Glofish, and if Glofish receives no payment after this time, the Customer's domain name, email account, and website will be taken offline immediately.

9.7.2.2 The Customer will have 14 working days to pay a reactivation fee of from £100 to Glofish. If the payment from the Customer clears in time, the Customer's website will be back online. This will cover domain name, email accounts, and website hosting for another 12 months.

9.7.2.3 If the Customer fails to pay the reactivation fee of from £100 to Glofish within 14 working days, the contract will be terminated. The Customer will lose their domain name, website, email accounts, and website hosting indefinitely. Glofish is unable to refund any payments that have already been made as pro-rata or otherwise.

9.7.3.0 Each Customer has a calculated Hosting disk space limit and bandwidth limit, which the Customer will know of. If given Hosting limits are exceeded, the Customer will be notified to reduce usage. If exceeded usage continues, a new Hosting disk space limit and bandwidth limit is calculated, and costed accordingly.

9.7.3.1 The Customer will have 14 working days to pay the revised Hosting fee to Glofish. If the payment from the Customer clears in time, the Customer's website will be continue to be hosted. This will cover domain name, email accounts, and website hosting for another 12 months, as long as Hosting disk space limit and bandwidth limit is not exceeded again.

9.7.3.2 If the Customer fails to pay the revised Hosting fee to Glofish within 14 working days, the contract will be terminated. The Customer will lose their domain name, website, email accounts, and website hosting indefinitely. Glofish is unable to refund any payments that have already been made as pro-rata or otherwise.

10. Software

10.1 All software remains the property of Glofish until full payment on the Agreement is received.

10.2 All source code remains the intellectual property of Glofish at all times, unless further agreement is reached.

10.3 No party other than Glofish may amend any software or source code without written consent from Glofish.

11. Data Protection

11.1 Glofish reserves the right to put the names and other information from the registration form relating to the Customers into a computerised directory for internal use, unless specific written instructions are received from the Customer.

11.2 Glofish reserves the right to provide information concerning your account and activities whilst using Glofish's services if we are requested to do so by the police or a regulatory or government authority in investigating illegal activities.

12.  Archival and Backup

12.1 While Glofish performs backups of all server computers, as part of its regular internal systems administration, Glofish does not guarantee any storage or backup of customer data.

13. Support

13.1 Glofish’s helpdesk will provide telephone support on all problems experienced by the customer in relation to the Service provided in the agreement. Glofish reserves the right to charge additional fees for telephone support outside the boundaries of the Agreement.

14. General Terms

14.1 Other than in respect of the Customer's obligation to make payments neither party shall be liable in respect of any breach of this contract due to any cause beyond its reasonable control including but not limited to acts of God, flood, lightning or fire, industrial action, act or omission of Government or other competent authority, riot, war or act or omission of another party for whom that party is not responsible.

14.2 Glofish shall have the right by notice to the Customer to modify these terms and conditions at any time. It is the Customer's responsibility to check these terms and conditions for changes on a regular basis.

14.3 These terms and conditions are governed by and shall be construed in accordance with the laws of England and the Customer hereby submits to the exclusive jurisdiction of the English Courts.

14.4 These terms and conditions represent the entire agreement between the parties.

14.5 The Customer may not sell, transfer or assign its rights or obligations under this Agreement without the written consent of Glofish. No such assignment, even if consented to, shall relieve the Customer of its obligations under this Agreement prior to the date of such an assignment.

14.6 Glofish shall have the right to assign, sub-contract or otherwise deal with all or any of its rights and obligations under these terms and conditions to any third party.

14.7 It is the Customer obligation to notify Glofish of any defects in the Service. Notification of a defect does not entitle the Customer to amend this agreement or bring it to an end, unless included as a breach of contract within these Terms and Conditions.

14.8 The Customer, by creating an account with Glofish, hereby acknowledges that he/she has read and accepted the terms hereof.

14.9 Glofish offers a simple, text-based SEO service using 'White Hat' methods. While this is an accepted technique for attaining high search engine rankings, we can make NO guarantees as to the level of search engine success or page ranking our customers are likely to achieve.

 

 

 

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