The Client: The company or individual requesting the services of Gigabit Design
Gigabit Design: The partners or their employees.
We, Us: Gigabit Design, partners and employees
The contract between Gigabit Design and the client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing
These terms apply to anybody dealing with Gigabit Design in any manner whatsoever.
The Company reserves the right at its discretion:
1. To alter, add to or remove any information from the website at any time; and
2. To observe, monitor restrict or otherwise prevent access to the site at any time.
The use of our website is at your own risk. Gigabit Design does not guarantee the accuracy, content or validity of any information in any form on the site. Furthermore we do not guarantee that the site is free from mistakes, errors, faults or any computer or data-corrupting/damaging material.
There are links on the website that point to external sites, which are not part of our site and are not owned by Gigabit Design. We are not responsible for their content nor do we endorse or approve their website.
Any descriptions to services, products or publications on the site do not constitute or imply their endorsement by Gigabit Design. No reference made by Gigabit Design to any product, brand, trademark, manufacturer or otherwise shall be used for advertising purposes.
We shall make every effort to ensure our site and any scripts are free from errors; however Gigabit Design cannot accept any responsibility for any losses incurred due to the website.
The website, scripts, code and graphics are the property of Gigabit Design until any outstanding debts are paid in full.
Gigabit Design do not accepts any responsibility for infringements of copyright caused by information submitted to us by the client. Gigabit Design also reserves the right to refuse any material that could be under copyright unless adequate proof of ownership is provided.
Any additions to the design brief will be carried out at the discretion of Gigabit Design. If Gigabit Design makes no charge for such additions, we accept no responsibility for making sure that such additions are error free. Gigabit Design are also able to charge for any corrections to additions or any further additions to the website.
In placing an order with us, the client agrees to supply all materials required to complete the site as soon as reasonably possible.
Gigabit Design is not accountable for any costs, compensation or loss of earnings if deadlines are not met or due to unavailability of the site, nor are we accountable for any costs, compensation or loss of earnings due to any work carried out on behalf of the client.
Gigabit Design can also not take responsibility for any losses incurred by the client by using our services or software. Whilst we will make every effort to ensure services function as intended, the final responsibility is with the client to ensure that the systems are functioning correctly before use. If any errors do occur with any part of the site, Gigabit Design will endeavour (but is not obliged to) correct these problems to meet the standards outlined in the brief.
Whilst Gigabit Design offer care of websites to the client, we can make no guarantees to the availability of the service and cannot accept liability for any losses caused by the malfunction of the service.
Gigabit Design has the right to refuse to handle in any way material that could be considered offensive, controversial or illegal, and to terminate the website hosting should the need arise. If subscription fees are unpaid at the time of expiration, Gigabit Design has the right to cancel the service and remove all data. If the client wishes to reinstate the cancelled service, we reserve the right to charge setup fees before any services are reinstated.
Any domain names will be registered by Gigabit Design and to our address. Although domain names are registered to Gigabit Design, the client remains the legal owner of the domain and is able to have details changed on request or have the domain transferred elsewhere, any fees incurred shall be payable by the client.
Gigabit Design will recommend companies for hosting services, however we are not responsible for any malfunction or interruption of their services.
If the domain name for a website produced by Gigabit Design is not purchased through us, the client will be responsible for ensuring that the domain is renewed when due and all fees are paid.
If clients are misbehaving, including abusive emails and telephone calls, Gigabit Design has the right not to care for a site or terminate hosting without giving notice. If a client wishes to use other servers, they are responsible for having them configured correctly.
Payment of Accounts
Any outstanding accounts must be paid in full within 30 days, unless by prior arrangement. If accounts have not been settled and we have not been notified, access to the client’s website may be denied. Other fees such as web hosting or domain fees must be paid before the expiration of that service. If not, we will cancel the service immediately and any data will be removed. A fee will be payable if the client wishes to reinstate the service at a later date, before any work will commence. Any data lost will not necessarily be recovered.
Unless by prior arrangement, the client’s website will not be made live on their domain until their accounts have been paid in full. Our websites will also not be transferred to 3rd party providers until all accounts have been paid in full unless by prior arrangement.
Gigabit Design has the right to remove any websites and files of a client if they breach any of these terms and conditions.
Any websites that Gigabit Design care for must be legal, and it is the responsibility of the client to carry out the appropriate research before creating a website, to ensure that it will operate legally under UK law.
Gigabit Design are not responsible and will not become involved in any disputes between our client and their customers; neither can we be held responsible for any wrongdoing by the site owner.
Gigabit Design will decide if a refund is applicable if requested by a client for whatever reason, however we do not guarantee a refund under any circumstances.
Gigabit Design are not liable for additional costs or problems caused by third party errors, or the client’s failure to maintain a copy of their website.
Gigabit Design are not responsible for anything that might affect a client’s business, revenue or profit that the client may claim is a result of our services.
Gigabit Design will provide the client with an estimated completion date for their project, if requested this can be live on the internet. We will always endeavour to meet these deadlines; however we do not guarantee them and are not obliged ion any way to complete the project by this date. We are also not liable for any costs incurred if these deadlines are not met.
Gigabit Design will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
It is the client’s responsibility to check with Gigabit Design that open source software is being used.
We do not charge a fee for open source software. If clients pay for a website that uses open source software, they are paying for the installation time. Gigabit Design do not own the open source software, nor is it owned by the client, nor are we responsible for any open source content.
Any warranties, current or future, shall be terminated if total control of the website is passed from Gigabit Design to the client or an agent of the client.
Any images displayed on the client’s website are used only after authorised by the client, hence it is their responsibility to investigate issues with usage and copyright. Any legal issues arising from the use of images on the site are the sole responsibility of the client, not Gigabit Design.
Gigabit Design is not responsible for the content of any of our client’s website, nor does it constitute our endorsement or approval. We provide links to our clients’ websites for the convenience of prospective clients only.
The client must supply all materials requested by Gigabit Design within two weeks of the request date, if not Gigabit Design has the right to terminate the website project unless by prior arrangement. Any fees paid may not necessarily be refunded.
Gigabit Design are not responsible for any loss damage or corruption and any information stored on our servers or a client’s computer relating to the website, the client is solely responsible.
Gigabit Design reserves the right to revise an initial quote for a client where needed.
Unless previously agreed, Gigabit Design is only responsible for the design of a client’s website. This excludes updating, altering and troubleshooting any problems that may arise. Gigabit Design is able to request additional payment for such work and/or refuse to undertake it.
One-off payment websites come with one year with of free hosting, which is thereafter payable at a cost of £29.99/year. Likewise, 1 year of domain registration is included with the cost, which is thereafter charged to the client at cost price.
For one-off websites, half of the total quoted price for your site must be paid as a deposit in advance before any work is carried out. This deposit is non-refundable so as to cover administrative costs associated with initial setup.
Pay monthly plans include all hosting and domain fees, and 2 hours per month of updates to the client's website. If this amount of time is reached, Gigabit Design has no obligation to complete any further work, and is able to charge for any extra work that is carried out.
Pay monthly contracts have a minimum term of 1 year from the date of the first payment.
All web design contracts come with 1 mailbox with 100MB of storage space, at no cost (IMAP or POP3 access). Further accounts may be purchased or the storage increased if required, which will be charged for by Gigabit Design.
Exclusion of Liability
To the maximum extent permitted by law the Company excludes liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitor's or user's access to, or use of the Website, or any material thereon, whether based in contract, tort or whether negligent or otherwise, even if the Company has been advised of the possibility of such damage.
Copyright © 2010-2012 Gigabit Design