General

Pml-designs.com (To be known from here on as We or Us) will carry out work only where an agreement is provided either by email, telephone or written correspondence and upon receipt of your initial payment. All transactions are classed as trade to trade transactions. We will carry out work only for clients who are over 18 years of age and have a UK address. By entering into a contract you are giving consent for your site to be used in any advertising material or promotional activities we wish to undertake.

Charges

A written quote or verbal agreement will detail the agreed project and costs. Prices quoted are based on the current costs of production and are subject to amendment, in order to meet any rise in costs. Quotes are valid for 14 days. By making a payment you are agreeing to the contract & accepting our full terms & conditions outlined on this website. All payments are non-refundable as this is a trade to trade transaction and the project will commence immediately upon obtaining your financial commitment. We reserve the right to ask for full payment in advance. The remaining balance shall become due when the work is completed to the reasonable satisfaction of you subject to the terms of “Client Approval” hereof or should the project be delayed due to the lack of information provided by you, within 90 days of receipt of initial payment, whichever is sooner. Additional work requested prior to completion will be charged at an agreed rate. Special Offer Prices & Services - Project information must be provided within 1 week of acceptance of the quote unless otherwise agreed. Our standard pricing structure will apply if you fail to provide the information within 14 days of receipt of the initial payment. All payments made to us, for any of our services, are non-refundable as this is a trade to trade transaction.

Project Completion

We will endeavour to deliver the project as outlined in the accepted quote. You must be aware that failure to submit the required information will cause delays in the project. We cannot be held responsible for any missed deadlines caused by your delays.

Website Design

We reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial and to terminate the hosting service should the need arise. We cannot in any way be held responsible for any content on your website. Adult content sites will contain a warning of adult material. Adult sites may be excluded from our CMS Service in order to maintain standards. Websites cannot be used for any form of file transfer or file sharing services. Hosted websites cannot be used to send bulk email whether opt-in or otherwise from our network. You cannot promote a site hosted on our network using bulk email, also known as spam, marketing.

E-commerce

To facilitate an e-commerce website clients must be a UK resident, conduct your business from within the UK and have a UK business address. We reserve the right to use alternative hosting platforms to ensure the continued high level of service and responsiveness.

To facilitate the load time and general responsiveness of the site you may be required, at an additional cost, to upgrade your hosting and/or have additional cache systems installed, depending on the number of products you have listed and the volume of traffic to your store. We will contact you should this be necessary.

Client Approval

Clients will be asked to review the site and forward outstanding. Receipt of final payment will be deemed as confirmation of site approval. Client approval is required within 7 days of our notification of the completion of the project. If you are unresponsive to any forms of communication by us in order to seek approval, you will not approve subsequent work/alterations submitted by us, as you deem this to be unsatisfactory, or we deem you to be unreasonable, the contract will be deemed to have ceased. You will be charged for the completed site with any reasonable expenses incurred in recovery of payment.

Content Management System (CMS)

Should we grant access to a site to allow for CMS (Content Management System) you agree to the following conditions. Any content posted should be of good quality, non-offensive and must not must not contravene any laws The Client is responsible for obtaining and holding proof of all copyright approvals relating to the site. Unlimited pages are standard on all Joomla based websites, subject to fair usage on bandwidth and storage. Our credit link cannot be removed from your site, unless previously agreed in writing. Should a site become corrupt or you have reason to contact us to rectify any errors or issues caused by your management of the site, you may be charged for any work required to rectify the problem. Websites with CMS may only use designs provided by us. You cannot add alternative themes supplied by other companies/organisations be them free or otherwise. We reserve the right to withdraw any site content or whole site at any time if, in our view, you are in breach of these conditions. Non CMS Websites Site updates are chargeable based on the work required and time required to carry out work. Further details are available upon request.

Liability

We will not be liable or become involved in any disputes between you and any third parties regarding the website content or service you provide, offer or promote. We will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. We will not be liable or become involved in any disputes between you and your clients and cannot be held responsible for any wrong doing on your part. We will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out by you or any of your appointed agents. We will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out by you or any of your appointed representatives under the CMS. We will not become involved in or be liable for costs incurred, compensation or loss of earnings due to any disputes between you and any official bodies relating to EU Cookie Laws. We cannot be held responsible for any errors or omissions relating to cookies placed on the site and information detailing said cookies. We will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by us or our agents or facilities sourced from any third party companies. Websites are held on web servers, however like any technology interruptions to the service can occur. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, we cannot accept responsibility for any losses incurred due to any malfunction of the website or any part of it. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by us remain our copyright and may not be commercially reproduced or resold. Whilst we will make appropriate arrangements for website hosting for the first 12 months; no guarantees can be made as to the availability or interruption of this service. We cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. You will take full responsibility for any copyright infringements caused by material submitted by you to us or added by you. We cannot take responsibility for any other copyright infringements of any kind on your website. You agree to indemnify, defend and hold us harmless, from and against all losses, expenses, damages and costs resulting from any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained within the Website. When providing any material you are confirming that you hold the relevant Copyright and/or permissions to use said material on your website. Images provided by us are purchased by us under licence from third party agencies, as such they are not authorised for any other use by any other party other than ourselves. Standard SEO (Search Engine Optimisation) work will be completed upon receipt of full and final payment. We cannot be held responsible for SEO results, rankings or site visibility on search engines, or the time in which it takes search engines to crawl for information. If any changes are made to your contact details, we must be notified at Pml-designs.com,143 Cherry Hinton Road, Cambridge, CB1 7BX, within 1 month to keep our records up to date. We cannot be held liable for any loss of turnover, sales, revenue, profits or indirect, consequential or special loss caused by loss of service, non renewal of domain or hosting should we not have received written notification of the changes. Our liability will be limited to the price of the contract.

EU Cookie Law

You take full responsibility to ensure that your website complies with the EU Cookie Laws. We cannot be held liable should the site not comply with this law. You agree to indemnify, defend and hold us harmless, from and against all losses, expenses, damages and costs resulting from any legal action, other action, suit, or proceeding. The Electronic Commerce (EC Directive) Regulations 2002 As our transactions are classed as business to business you must ensure that you comply with the above directive. We will ask for the following information which must be displayed on the website. General information about their business including: Business name

Geographic address

e-mail address

VAT registration number (if applicable)

Details of any relevant professional body that they belong to must be clearly available on their websites.

Software

We hold the right to use any 3rd party companies which supply; software, facilities or service, which we consider a requirement to facilitate the functionality of the website. Your details may be passed on to these companies for registration purposes only.

Compatibility

We will endeavour to ensure that any developed/designed site or application will function correctly on the server/s it is initially installed on and that it will function correctly when viewed with a compatible browser software i.e. Microsoft Internet Explorer 9 or higher, Firefox version 10.2 or higher. We cannot be held responsible for loss of functionality if this software or any other software used to browse the website is not installed correctly or updated to the latest versions on the individuals’ device. Sites are designed and built using multiple platforms which use either Adobe software, HTML or both platforms and are optimised for use with Microsoft Windows. We will discuss the most suitable platform for your project to allow your site to be; available to the widest range of browsers possible and allow it to be correctly indexed and listed by search engines, based on your requirements at the start of the project. We can offer no guarantees of correct functionality with all browser software and/or operating systems.

Website Hosting

Hosting is provided for the first 12 months, for the sole purpose of hosting styles and themes provided by us. Third party styles and themes are not permitted. It is your responsibility to pay an annual Hosting Renewal Fee at the end of the initial 12 month period to keep the website active.

Transfer of Hosting is dependent on the platform the website was built on at the start of the project.

A fair usage policy does apply and we will contact you should your website be close to exceeding normal bandwidth levels. We reserve the right to limit the bandwidth usage on any website at any time.

We reserve the right to suspend or terminate any free or paid hosting services we provide should any instance occur on your account which may have a detrimental effect to any hosting services we provide.

FTP or plesk Access is not provided as standard facilitating access will incur an administration fee.

Backup Service

Websites are not automatically backed up, unless you have purchased our website backup service package.

Domain Names

When purchasing a domain through us, we will register this through our preferred registrar in the name and address provided by you or us. Facilitating access and releasing control of domains from us to you will incur an administration fee. Domains registered as part of the initial website purchase, where it is included within the price, will be registered for 1 year. It is your responsibility to take the necessary steps to ensure the domain is renewed when required.

Email Services

*Email Services are available for clients with a domain held with our registrar. Email services are for normal day to day use only and cannot be used to send bulk mailing lists or any form of email marketing campaign. Should you attempt to use the email for bulk mailing purposes your services will be restricted and we reserve the right to terminate the email service.

Renewal

Failure to renew the Domain Name (where applicable) and/or Hosting services (where applicable) will result in the site being suspended or automatically deleted including any associated services such as google business pages, google plus accounts and any email facilities. Fees must be paid by you at least 30 days prior to the expiry date. It is your responsibility to take the necessary steps to ensure the hosting & Domains are renewed when required.

Recognition

Every website designed by us will display a link back to our website, with the text of our choosing. You can ask for this to be removed and a fee will be charged. These links may not be removed or modified by you.

Payment of Accounts

Invoices will be sent by e-mail or by post to the most recent address you have provided. If accounts are not settled or we have not been contacted regarding the delay, access to the related website and related services will be denied and web pages suspended or removed. Following consistent non-payment of an invoice we, or our solicitors, will contact you with a view to taking the matter. We may then pass such cases to the Small Claims Court to pursue payment. Non-payment can result in county court judgements (CCJ's) being added to your credit rating. We cannot be held liable for any, loss of turnover, sales, revenue, profits or indirect, consequential or special loss caused by loss of service, non-renewal of domain or hosting due to non-payment of fees. Interest of 4% (over Bank of England Base Rate) will be charged per week for any late payment after 2 weeks. Interest is charged on the total amount outstanding each week including interest charges.

Variations to Terms

These terms and conditions may be amended by us from time to time (but not for the avoidance of doubt by any customers). The latest version of these terms and conditions may be accessed via our website at www.pml-designs.com Invoices will be sent by e-mail or by post to the most recent address you have provided.

Invalidity of Other Terms

No other terms (including those contained on any purchase order supplied by a customer) or any representation will form part of any contract between us and you. These terms and conditions will, in absence of any written agreement between us and you stating otherwise, represent the entirety of the terms of such contract.

Legislation

These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between us and you into which these terms are incorporated.

Complaints Procedure

Anyone who experiences a problem with their web service provided by us should raise the matter directly to your contact, giving sufficient information to locate the material (such as an URL or Error Message) and clearly outlining the grounds for complaint. We will investigate any complaint and respond within 7 working days of receipt of the complaint, a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

Confidentiality

Please advise us in writing of any information you consider confidential. Confidential information may be disclosed to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safe guarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that is or becomes part of the public domain without breach of this Agreement. Personal information will be held on file for the duration of the hosting. Information will be deleted on the day of expiry. Your details will not be sold to any third party but may be passed on to third parties for registration of any third party services. We may also use your details to inform you of additional services or for our marketing purposes.