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Terms & Conditions

Definitions: 

The Client: The company or individual requesting the services of Virtual Web Wales.

Virtual Web Wales: Primary designer/site owner & employees or affiliates.

General
Virtual Web Wales will carry out work only where an agreement is provided either by email, telephone, mail or fax. Virtual Web Wales will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Virtual Web Wales and the client, this includes telephone and email agreements.

Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Virtual Web Wales cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Virtual Web Wales until all outstanding accounts are paid in full.

Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by Virtual Web Wales remain the copyright of Virtual Web Wales and may only be commercially reproduced or resold with the permission of Virtual Web Wales.

Virtual Web Wales cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of Virtual Web Wales and where no charge is made by Virtual Web Wales for such additions, Virtual Web Wales accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to Virtual Web Wales all materials required to complete the site to the agreed standard and within the set deadline.

Virtual Web Wales will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Virtual Web Wales will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. e.g. Any disputes re content/images that have been provided to us for inclusion on the site.

Virtual Web Wales 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.

Virtual Web Wales 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 its agents.

A deposit of 35% is required with any standard project and 50% for database driven projects before any design work will be carried out. This figure may be higher for websites of an adult nature and is non-refundable.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients’ satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.

Database, Application and E-Commerce Development
Virtual Web Wales cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by Virtual Web Wales remain the copyright of Virtual Web Wales and may only be commercially reproduced or resold with the permission of Virtual Web Wales.

Where applications or sites are developed on servers not recommended by Virtual Web Wales, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Virtual Web Wales before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live,
Virtual Web Wales will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility
Virtual Web Wales will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Virtual Web Wales can offer no guarantees of correct function with all browser software.

Website Hosting
Whilst Virtual Web Wales recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Virtual Web Wales 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.
All website designs created by Virtual Web Wales must be hosted with Virtual Web Wales.
Invoices for hosting are generated 14 days before the official due date. If no attempt is made within the next 14 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 14 days from the official due date will pass before we permanently terminate your account. Please be aware if you have not paid within the agreed time limit your website will be deleted and there will be no way to restore the website.
Virtual Web Wales reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.

Virtual Web Wales does not offer technical support if the website is not hosted on our servers.

Website Optimization
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We use ‘white hat techniques’ when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.

Virtual Web Wales reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Estimated price
The price is based on prices for resources and rates of labour ruling at the date of acceptance of the quotation or estimate.

We reserve the right to amend the price at any time to meet any variations in the cost of resources needed or of labour either before or after acceptance of the quotation or estimate.

Variations and adjustments
Unless otherwise stated the price does not cover any works by other trades: nor any fees incidental to the work and compulsorily payable by reason of any legislation or any bylaw or regulation of any appropriate authority.

The value of any variations to the work included in the quotation or estimate authorized by you, whether by addition, omission or substitution of any work, shall be agreed wherever practicable before the variation is to be effected. The value of all variations shall be added to, or deducted from, the price stated in the quotation or estimate.

Authorised overtime working to be an additional charge at the overtime rates ruling at the date of such work being carried out.

Any defects or deficiencies found in the clients current website, computer or system which require to be attended to for the satisfactory completion of the quotation or estimate works, or which may be necessary in order to comply with any bylaw, regulation or statute, and which are not already taken into account in the quotation or estimate, shall be charged extra.

Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Virtual Web Wales policy that any outstanding accounts for work carried out by Virtual Web Wales or its affiliates are required to be paid in full, no later than 10 working days from the date of the invoice unless by prior arrangement with Virtual Web Wales.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received.

If accounts are not settled or Virtual Web Wales have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will 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 the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Cancellation of a hosting account
Cancellation requests must be sent in writing (via email) at least 30 days prior to the renewal date and one of our staff will reply back to you.

You will then be requested to confirm the cancellation and you must do this before we can initiate the cancellation procedure. If you fail to do this, the hosting will not be cancelled and you will incur renewal charges.

Domain name transfers
Please note: .co.uk domain names are registered to us for a period of 2 years at a time.

To transfer a domain to another provider a fee of £42 is required to cover the costs of the transfer. A written transfer request (via email), a telephone call confirmation and payment of the £42 transfer fee are all required to initiate the transfer.

Your Privacy 
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Complaints Procedure

Informal procedure 
Anyone who experiences a problem with their web service provided  by Virtual Web Wales should raise the matter directly via email to do so, giving sufficient information to locate the material (such as a URL) and clearly outlining the grounds for complaint.
Virtual Web Wales will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure 
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Virtual Web Wales, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.