Terms & Conditions
The following terms and conditions apply to all website development/hosting services provided by Susan Collini t/a Website Wings /Wings Academy/Wings Hosting to the Client.
From hereon in all wording/references made to Website Wings includes work associated with services delivered by Susan Collini, Wings Academy and Wings Hosting all of which are part of the business under the name of Website Wings
1. Terms of Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client enters into working with Website Wings the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any use of services supplied by Website Wings implies that you have read and accepted our terms and conditions and also those Terms and Conditions set out by Apex Hosting, our managed VPS website provider. Please note in particular the following clauses –
“3.3 Apex will use its best endeavours to maintain the availability of shared hosting, dedicated hosting, virtual private servers and co-location Services 24/7 (subject to Clause 3.4 and the other provisions of this Agreement) but does not guarantee to do so.
3.4 Apex may suspend some or all of the Services in order to carry out scheduled maintenance or repairs.
9.10 The Customer acknowledges that, whilst Apex will use reasonable technologies and procedures to secure its servers, its servers and/or the Customer’s web space may from time to time be subject to attack by hackers, and Apex does not (subject to Clause 9.2) guarantee that server or web space security will never be breached and will not be liable from any losses arising out of such a breach.
9.11 The Customer further acknowledges that hardware failures may from time to time affect the provision of the Services. Apex’s only obligation in respect of hardware failures will be to use reasonable endeavours to promptly repair or replace the relevant hardware. Subject to this and Clause 9.1, the Customer agrees that Apex will not be in breach of this Agreement as a result of any such hardware failure, and will not be liable to the Customer in respect of any such hardware failure.”
- Acceptable Use
6.1 The Customer must not use any of the Services:
(a) to host, store, send, relay or process any Prohibited Content;
(b) for any purpose which is unlawful, fraudulent, or infringes any third party rights;
(c) in any way that may negatively affect the network, equipment, services and/or servers of Apex or any Apex client, whether by reason of taking up an unreasonable amount of server resources or otherwise (and Apex will determine, acting reasonably, whether or not any particular activity falls within this Paragraph 6.1(c);
(d) in any way which may be reasonably expected to put Apex in breach of a contractual or other obligation owed by Apex to any of its service providers.
6.2 Apex reserves the right to suspend the Services and/or remove Hosted Materials where it reasonably suspects a breach of Clause 6.1.
Unless agreed otherwise with the Client, all website development and related services require an advance payment of a minimum of fifty (50) percent of the project estimate/quotation total before the work commences.The second fifty (50) percent is required before the site is available to the client for use. If there is to be any differentiation in payment terms it is the clients responsibility to have agreed terms of payment in writing from Website Wings.
Payment for services is due by bank transfer. Bank details will be made available on invoices.
3. Website Development Reviews
Website Wings will provide the Client with an opportunity to review the appearance and content of the website during the development phase. At the completion of the project, prior to the site being made available for the client to use, the contract will be deemed to be approved as completed by the Client unless the Client notifies Website Wings otherwise within ten (10) working days with details of remedial work required.
4. Project Completion and Content Control
During the project, Website Wings will require the Client to provide all website content; text, images, video links, sound files etc with with confirmation of client ownership or details of associated licence permissions in relation to all content that will be used on the website.
5. Failure to provide required website content:
Website Wings is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. This is why we ask that you provide all the required information in advance of work commencing on the website development.
On any occasion where progress cannot be made with your website because we have not been given the required information to be able to complete the project within the agreed time frame, we reserve the right to delay working on your project in favour of another client who has provided the necessary information and resources for us to work on their project. Please note the implications of not providing necessary content for your website completion if you are working to a deadline in relation to launch of your website..
Text content delivered for pages or posts should have the same titles as you wish to use on the website, please contact us if you need clarification on this aspect.
Invoices will be raised by Website Wings or Wings Hosting dependant on the services being provided. Invoices are normally sent via email; however, the Client may request receive hard copy invoices to be sent by post. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
7. Additional Expenses
Client agrees to reimburse Website Wings for any additional expenses necessary for the completion of the work being carried out on behalf of the client, for examples purchase of special fonts, stock photography, travel expenses to attend meetings, overnight accommodation costs, subsistence etc.
8. Consistency of website display across browsers and user devices
Website Wings makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are developed using Premium WordPress themes, developed by their designers to deliver consistently across popular user website browsers and devices, The Client agrees that Website Wings cannot guarantee correct functionality with all browser software and website viewing devices across all different operating systems.
Website Wings cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released beyond the time of site launch. Website Wings reserves the right to raise a charge for any work involved in modifications to a client website to address conflicts with browser software, devices or their operating platforms.
9. Emails and website data
The Client is responsible for taking their own data back-ups relating to website and email accounts run on the VPS Server run by Website Wings.
10. Non Payment Of Outstanding Accounts
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Website Wings hosting provision then we reserve the right, at our discretion, to remove all such material from the Wings Hosting/Apex Hosting VPS managed web space. Website Wings/Wings Hosting is not responsible for any loss of data incurred due to the removal of the Client data on the Wings Hosting/Apex Hosting managed VPS Server. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Website Wings reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Website Wings in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for any outstanding work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Website Wings and associated services may be used for lawful purposes only. You agree to indemnify and hold Website Wings harmless from any claims resulting from your use of our service that damages you or any other party. Please read Apex Hosting Terms and Conditions relating to permitting use of the hosting environment.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Website Wings the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Website Wings permission and rights for use of the same and agrees to indemnify and hold harmless Website Wings from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Website Wings that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
14. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all images and other graphics will be provided at a size and quality that makes them suitable for use. Images need to be in .gif, .jpg or.png format. Although every reasonable attempt shall be made by Website Wings to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
15. Website Development Credit
A link to Website Wings will appear in either small type at the bottom of the Client’s website. The Client also agrees that the website developed for the Client may be presented and linked to on Website Wings and Wings Academy websites.
16. Access Requirements
If the Client’s website is to be installed on a third-party server, Website Wings must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
17. Post-Placement Alterations
Website Wings cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
18. Domain Names
Website Wings may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Website Wings. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of a fee to Website Wings and its associated services constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
20. Governing Law
This Agreement shall be governed by English Law.
Website Wings and associated services hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Website Wings to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,