Terms and Conditions

Please find below our terms and conditions, which govern the relationship with our clients

Definitions

We, our, us:
Activ-STEP ONLINE Ltd.

You, your:
The customer

Writing, written:
Signed letters, E-mails

Text:
Content of your web pages

Introduction

In instructing us to design, produce, maintain, and/or arranging to display your website, you agree that these Terms of Business will govern our relationship with you, and by placing your order you are deemed to have accepted these terms.  Nothing contained in these terms may be varied, replaced or superseded unless such alteration is confirmed by us in writing.

Domain Name

Choosing the domain name of the web site is your responsibility.  We may suggest name(s), but you are required to confirm the(se) name(s) in writing. The domain will be registered on your behalf however we can register in your name as an individual or in the name of your company.  If you have a particular requirement for the domain to be registered in a particular name, you must confirm this to us in writing. We do not deem the domain name to be our property and will release domain names by written request.

Web hosting

We shall not be held responsible for loss of earning, or other financial liabilities, which are the result of circumstances beyond our control. We reserve the right to impose additional fees for extra time expended in working with a hosting company not recommended or approved by us

Checking details

The responsibility for ensuring that the content of your website – including the spelling - complies with all current legislation and statute is entirely yours. We will not be held responsible for any prosecution or legal action of any kind that may result from the publication of your website. You must carefully check and approve the draft of your website prior to publication. Any alteration or addition must be notified to us in writing. You must confirm to us in writing your acceptance of the draft. We will not be held responsible for any loss or damage, whether direct or consequential, resulting from an error in the content of your website.

Design Work

All design work will be carried out in accordance with our terms and conditions. As standard we will submit 2 to 3 mock designs for approval*.

*should approval on mock designs not be granted we reserve the right to charge our hourly rates on any additional design work that needs to be undertaken.

Content

All content must be legal, and must not contain any nudity, or other offensive material.  All content and online trading must comply with the laws of the United Kingdom, and any applicable laws of any other countries in which the business is trading.  A breach of these conditions may lead to the website being suspended or removed. No refund will be given for any unused period (or remaining portion of the contract), paid for in advance where termination occurs in accordance with these conditions.

Updates

Before the site goes live, a maintenance or update fee is agreed between you and us. The fee may contain fees for the use of some of our software. The amount may be payable annually or monthly. All payments must be received in full before the work is carried out. Failure to pay the fees due may result in the site being taken off the web. We shall not be held responsible for any loss or damage, which may be the result of this.

Payments

A deposit will be agreed in writing between us and will be paid by you before any web design work is carried out.  You will be able to see the progress of the work, and see the whole site in working order before paying the balance. The payment of the balance is due within a reasonable time of us completing the main build of the site.

The deposit is non refundable against time spent on initial design work. We will design 2-3 mock designs as standard as part of the initial payments. If any additional design work is required to be undertaken on request of the client this will be subject to additional costs at our hourly rate.

The balance must be received in full once the site goes live, unless agreed otherwise in writing. All payments, including annual maintenance, web hosting fees and website updates must be paid within 14 days from the date of invoice. Failure to pay these fees within the agreed period may result in a the following late payment surcharges, which will be added to your account.

Late payment surcharge fees

14-21 days 10% of total invoice value

21-28 days 15% of total invoice value

28-60 days 25% of total invoice value

60+ days 40% of total invoice value

Once the fees are more than 60 days late we reserve the right to remove the website(s), and disable Email services of the domain(s).To resume these services after termination for non-payment, all outstanding fees including the late payment surcharges referred to above must be paid in full.

We reserve the right to charge a re-activation fee, details of which will be advised to you. This must be paid in full before the services are resumed.

Ownership

The copyright to all the content and images on the site belongs to you, but the copyright for some of the PHP coding on the site – if applicable – belongs to us.  This is to prevent third parties reselling packages we have developed.

In order to protect this copyright, we will not pass on the FTP details to you, nor to a third party under any circumstances. In the event that you would wish to move the website to another web hosting company, provisions can be made to release the site to you on CD, with some of our coding included, but a legally binding guarantee must be signed by you to confirm and agree that you will not allow the PHP codes to be resold, lent, hired, passed on, transferred, revealed to or otherwise disposed of to third parties. Violations of this condition will result in legal action against you.  The Content Management System will not be passed on in this way. We reserve the right to charge an administration fee for releasing the site, details of which will be confirmed to you. We will not release the code if the contract has been cancelled, for any of the reasons described above.

General

We will ensure that your sites functions on the major Internet browsers.  However, due to differences between the browsers, the pages may look slightly different on another browser.  We shall not be held responsible for difficulties arising from people using unusual or older  browser , or where ISP’s fail show the content of the pages and / or related shop areas correctly.

Limitation of Liability

General loss

Activ-STEP ONLINE's  liability under the Agreement shall be limited so far as permitted by law to the amounts paid or payable by you under the Agreement.

Consequential loss

To the extent permitted by law, Activ-STEP ONLINE's shall not be liable under the Agreement for: any indirect or consequential loss; any loss of profits or revenue; any loss of goodwill, reputation or opportunity; any loss of or corruption of data.

You expressly understand and agree that Activ-STEP ONLINE LTD shall not be liable for any direct, indirect, incidental, special. consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.

Due to the nature of website design and the ability to modify core areas and script upon handover, Activ-STEP ONLINE LTD accept no responsibility for the behaviour of the website following initial testing, handover and final payment and we are not responsible for any errors that are caused upon successful completion & initial testing of projects.

Search Engines

We will do our best to ensure that the site is found on the major search engines on the keywords we agreed with you.  However, we are not responsible for what the Search Engines display, and we shall not be held responsible from difficulties arising from anything displayed or not displayed by third party sites, including the major Search Engines.