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TERMS AND CONDITIONS
Masterserver and TBS Webdesign.com specialise
in high quality website design and commercial website submission, specialist
optimisation, promotion and web hosting. With a dedicated team of professionals
and the latest technology we continuously endeavour to deliver the highest
standards for all of our services.
For the purpose of the terms and conditions set out below, Masterserver shall be jointly and hereby named by the trading name of; Masterserver
and /or TBS Webdesign.com unless otherwise named in the respective paragraph
or subject matter, for the avoidance of doubt all terms and conditions, privacy
policy, disclaimers, limitations of liability, disclaimer of representation
of warranties, permitted uses, jurisdiction and all notes will apply to all
clients and all trading names for all services.
Masterserver and TBS Webdesign.com agree, subject to contract to produce and
host websites and provide associated services where reasonably possible and
depending on the written agreement, order form and/or checklist, agree to optimise,
submit and promote (subject to package) its clients websites and URL addresses
on specified major UK and Global Internet search engines.
Our standard terms of payment for website design and production are; 50% Deposit
1st Payment followed by 50% on completion. In the case of customer self-management
or alternative hosting, final transfer of files and access codes will be take
place once final payment has been received.
Our standard terms of payment for web site hosting services are based on a
monthly fee payable by standing order or if booked on line via credit or debit
card and taken one month in advance. In the unlikely event of there being a
loss in hosting service Masterserver will endeavour to rectify and correct
the situation as quickly as possible, from the time of being made aware of
the situation, however in any event no refunds will be given.
It is agreed that for a minimum of twelve months (subject to contract) Masterserver
will provide website hosting and URL submission, optimization and search
engine placement services, including research, advice and consultation on behalf
of its clients, provided all monies due are settled in full and/or all payment
plans or monthly subscriptions are up to date.
CANCELLATION
Once an order has been placed and processed it may not be cancelled. Should
there be any need for changes to be made to websites, information, programming
or coding on the website due to errors or a legitimate request by the customer
to do so, this may be done at any time, as long as the provisions of the overall
agreement are adhered to, however no refunds will be given.
In the event of requested changes being made to the original order or verbal
confirmation of the said order with our design and development department representative,
charges may be incurred at the discression of the company if changes to the
confirmed order or additional work are requested by the client or any of the
clients representatives, in any event the company reserves the right to cancel
any order at any time should it deem appropriate or necessary.
Every effort is made to ensure that the information programmed or posted on
its clients website is correct. In the case of errors being made, we will endeavour
to correct the situation, as quickly as possible from the time of being made
aware of it. We will not be held liable or responsible for any losses as set
out in the Limitations of Liability section of these terms.
Any outstanding invoice payments must be paid by the payment due date or before,
unless agreed in writing. Failure to adhere to the payment terms set out in
the original agreement will incur additional costs and interest charged at
8% per month over and above the standard Bank of England base rate and may
involve the termination of services until the account is put in order.
All agreements which are due payable by standing order must run for a minimum
of 12 months unless otherwise agreed in writing.
Masterserver will continue to provide the hosting and web promotion
service during and over and above the minimum period, for the originally agreed
standing order charge, whilst the standing order remains in place or whilst
card payments continue to be taken.
Should the customer no longer wish to continue with the service, it shall be
the sole responsibility of that customer to notify us in writing three months
prior to the required termination date, and cancel the standing order after
the minimum period lapses. (No refunds shall be given).
PRIVACY POLICY
Masterserver and its associates will not and do not use any personal
information held, outside of the remit of normal internal trading practises.
All personal customer information is confidential and considered classified;
we do not, and will not pass on your personal information to any persons, organisation,
company or research body whatsoever, outside of our own organization or associated
companies.
From time to time we may contact you regarding any promotions we may be running
or to discuss renewals, upgrades or any other marketing initiatives that we
feel you may be interested in.
DISCLAIMER
The services offered and given are made available by Masterserver
Masterserver and its direct associates own legally and beneficially
all the intellectual property rights and content of all TBS Webdesign.com web
pages including the software, graphics, design and text, used therein. Such
intellectual property rights include, without limitation, copyrights and database
rights, by visiting or using this site no licences or rights are given or granted.
The service provided by Masterserver and TBSWebdesign.com is offered
and given on agreement of the following;
By agreeing to or using any part of the services of Masterserver orTBS Webdesign,
you agree to be bound by the following conditions of use. If you do not wish
to be bound by these conditions, you must not enter into agreement with or
use the services of Masterserver or TBS Webdesign.com.
Where reasonably possible, Masterserver and TBS Webdesign endeavour to ensure
the accuracy of the information provided and sent for submission or optimization,
however we do not warrant accuracy or guarantee the reliability of any information
used in the service. (In the event of errors, we will endeavour to rectify
and correct the situation as quickly as possible, from the time of being made
aware of the situation).
We reserve the right, at our discretion, from time to time to make changes
to the information submitted provided it is, in our opinion in the best interest
of the client. However you are advised to check the information provided to
you and via the Internet on a regular basis. Any reliance that you place on
the accuracy of that information is at your own risk; we do not under any circumstances
guarantee the levels of success or response of any visitors that may visit
your website.
We will not be liable under any circumstances whatsoever for any consequential,
direct, indirect punitive, or special damages arising from the use of any of
our services or whilst being transferred to any other site via links of any
kind.
All users of TBS Webdesign.com and Masterserver services do so at
their own risk and take full responsibility for any consequences, which may
arise, from using its services or accessing any of its websites.
LIMITATION OF LIABILITY
Under no circumstances will Masterserver or TBS Webdesign.com any
of its directors, employees, agents, shareholders, direct associates, sponsors
or any other party involved in the design, research, programming or production,
hosting, submission, maintenance or optimization of information, be liable
for any direct, indirect or consequential damages, or incidental damage, including
but not limited to, loss of business, goodwill, profits, savings or anticipated
savings or any other intangible losses whatsoever that result from any of the
following;
Hosting Service Failure, Errors, omissions, mistakes, interruptions, deletion
of e-mail or files, suspension, delays in operation transmission or service
response time, termination, defects, viruses or any failure of performance
or services with and in respect to TBS Webdesign.com and Masterserver
including, without limitation those arising from communications failure, destruction
due to unauthorised access of systems, programs and services, theft or acts
of God.
The use of and reliance upon the services of Masterserver or TBS Web design
or the inability to use search engines, directories or websites.
Products or services offered, services or goods and merchandise received through
or advertised via TBS Webdesign.com and Masterserver serviced websites
or URL addresses, and products and merchandise, services or goods received
through or advertised via any links or connectivity of any kind.
Information received or advertised via TBS Webdesign.com, serviced and optimized
websites, pop-ups and transferred information received or advertised via links
of any kind.
Masterserver or TBS Webdesign.com will not guarantee or be liable
for any information, data or materials whatsoever which are downloaded or transmitted
over the Internet from its own or its client's websites including serviced
or optimized websites. We are unable to ensure the security of any information
transmitted over the Internet and attempts to do so are carried out at the
users own risk. TBS Webdesign and its associates shall not be held responsible
in any way, shape or form, or be liable for any damages or injury that may
transpire as a result of such actions.
DISCLAIMER OF REPRESENTATIONS & WARRANTIES
Masterserver, TBS Webdesign and its associates undertake to ensure
where reasonably possible that the information and any programming made available
for submission or optimization is accurate and correct, however we do not warrant
any of the content nor do we ensure any fitness, which may be implied.
We do not guarantee that Masterserver or TBS Webdesign.com hosting
facility, it's serviced or optimized websites will be uninterrupted or completely
error-free, furthermore we cannot ensure or guarantee in any way that the TBS
Webdesign hosted, serviced or optimized websites or main computer server or
other servers are free from viruses, harmful components or any interference
by unauthorised users or hackers It is the sole responsibility of the owner,
administrator or site user to protect his or her own systems against such situations.
In the case of Website Submission Packages, Masterserver will submit
it's clients Website and URL details to the Search Engines. However Masterserver
it's directors, employees, agents, shareholders, direct associates,
sponsors or any other party involved with the research, programming or production,
submission, maintenance or optimization make no Guarantee that any Search Engine
will actually index the clients Website, it's URL or any of it ‘s details.
It is the decision of the Search Engines and their operators and at their sole
discretion, whether or not the site is actually indexed once it has been submitted.
Masterserver, its directors, employees, agents, shareholders, direct
associates, sponsors or any other party involved with the research, programming
or production, submission, maintenance or optimization of information will
not liable or responsible for any oral implication, representation or warranty
or condition inferred or implied.
Masterserver agrees to promote and submit its client's websites to
the search engines. Assurances of search engine position and ranking may be
given, however Masterserver and its directors, employees, agents, shareholders,
direct associates, sponsors or any other party involved with the research,
programming or production, submission, maintenance or optimization of information
will not be liable for, and cannot guarantee that for reasons beyond their
control these positions will be maintained. Positions may periodically drop
down or not appear on a particular search engine at any given time.
In the event of any loss of hosting services or reduction in ranking performance
or loss of placement Masterserver will endeavour to rectify the situation
to the best of their ability and as quickly as possible. Masterserver,
its directors, employees, agents, shareholders, direct associates, sponsors
or any other party involved with the research, programming or production, submission,
maintenance or optimization of information will not be liable in any way for
any direct, indirect or consequential damages, or incidental damage, including
but not limited to, loss of business, goodwill, profits, savings or anticipated
savings or any other intangible losses whatsoever that result from a loss of
hosting services, reduction in ranking, performance or loss of placement.
PERMITTED USES
No materials, programming, coding or content belonging to Masterserver
or TBS Webdesign.com, its own websites or its serviced or optimized websites,
may be changed, adapted, copied, reproduced, republished, downloaded, uploaded,
transmitted, posted, stored or distributed in any way.
We wish to make it abundantly clear that it is expressly prohibited without
limitation, to use the service or its content for;
Any unlawful purpose that is likely to bring TBS Webdesign.com and Masterserver
or any of its directors, employees, sponsors, clients or associates
into disrepute.
Sending messages or any form of communication, which may be obscene, indecent,
menacing, threatening, abusive, offensive, or potentially libellous in any
way.
Data for redistribution, sale of, compilation of databases,
sending unsolicited messages/emails, lists for business
uses such as marketing, e-marketing or any business
or research activity of this nature whether directly
or indirectly.
For the avoidance of doubt Masterserver will
not tolerate "spamming" and will block any
user found to be doing so, furthermore hosting and email
services may be suspended and legal action be taken,
which may include a fine of up to £5000.
TRADEMARKS
Masterserver and TBS Webdesign.com are registered trademarks and trading
names. Any attempts to utilise, pass off, pertain to be, or aspire to be associated
with this organisation without authority in the form of prior written permission
from the CEO will result in legal action being instigated.
Any other trademarks, company names, logos etc. situated on or within the
site are the property of their respective owners.
JURISDICTION AND GOVERNING LAW
All of the above conditions shall be governed by and construed in accordance
with English Law.
The TBS Webdesign.com website and its services may be accessed and utilised
from outside of the UK. Laws may differ outside of the English Jurisdiction,
all clients, visitors or users of its sites or services from all countries,
agree and acknowledge that by accessing the sites or using any of the services,
they do so knowing that English Laws apply, whilst doing so visitors and users
must respect, and are solely responsible for, complying with the local laws
of their own territory.
NOTE
The term 'Serviced' is often used, for the avoidance of doubt this means
websites or URL addresses which have been submitted, optimized or being maintained
by TBS Webdesign.
Fees charged outside of fixed price contacts or for additional work are charged as follows:
Internet Marketing Consultancy fees start from £45 per hour, Web and Graphic Design at £45 per hour and Programming at £65 Per hour (All fees are subject to Vat).
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