The following terms and conditions apply to any or all of the services offered by Tracey Cleminson.com. These terms and conditions are subject to change from time to time without notice but published here.
Client or Customer means the person with whom 'Tracey Cleminson.com.com' makes the contract. The client or customer also includes individuals who represent a group a business or organisation and appear to act with reasonable authority.
Domain name refers to all domains either registered through us or transferred to us.
Hosting refers to any website hosted on our servers and includes the provision of e-mail services.
Design refers to any work we do on a client’s web site.
SEO is Search Engine Optimisation.
We refers to ‘Tracey Cleminson.com
Responsibilities of Tracey Cleminson.com
1. We agree to provide services in accordance with these terms and conditions and that of our suppliers.
2. We provide these services in accordance with industry and government guidelines.
3. We will apply the necessary skills and expertise in order to deliver a highly professional and efficient service.
4. We will endeavour to work with any timescales agreed between Tracey Cleminson.com and the client, provided that the client has provided all of the necessary information and materials to complete or progress with the service. Wen the unlikely event that We am unable to meet a deadline, for example through staff illness or circumstances beyond my control, We will endeavour to inform the client in advance.
5. The client shall be responsible for providing any required materials or information in respect of the services they purchase.
6. A contract has been entered into when the client orders a service and agrees to pay any required deposit in advance or upon receipt of an invoice. The full amount becomes due upon completion of the service (or at agreed intervals for ongoing services).
7. The client shall make sure that they have access to any necessary computing facilities and adequate WeT skills in order to access my services on the internet, configure and use e-mail and provide any necessary information and materials to us in the required format. We shall, however, at my discretion, help clients who are not WeT literate or do not have a computer to access and use my services.
Domain Name Registration
8. We cannot guarantee that the domain name you apply for will be available for registration.
9. The registration of the domain name and its ongoing use is subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. For Nominet terms visit www.nominet.org.uk and for Wecann terms visit www.icann.org.
10. We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and We will take no part in any such dispute.
11. Once you enter a contract with Tracey Cleminson.com to purchase a domain name We will either request payment in advance of registration of the domain name or invoice you immediately. Wef the domain is included in a website package then you may be required to pay a deposit to cover the cost of the domain before work on the website progresses.
12. We will not be held liable for any losses directly or indirectly caused by non re-registration of domains for whatever reason. We will attempt to contact the owner of the domain name in advance, via the administrative e-mail address as supplied, in order to give the option to renew the registration through Tracey Cleminson.com .
13. We will require at least three days notice for the transfer of a domain name from my server. However, We reserve the right to withhold a domain transfer where fees are outstanding.
14. We cannot be held responsible for the transfer of domain names to my server. This responsibility lies with the client to request the transfer, although We may assist where required.
15. Any sample proposal designs are subject to change. We will continue to liaise with the client to ensure that they are satisfied with the design, layout and structure of the website in accordance with the consultation.
15.1 Clients can make changes to a web design during development within reason, but may be subject to further costs at my standard rates where changes are beyond what we consider reasonable.
16. Timescales supplied are subject to change although We will endeavour to inform the client or any changes in advance.
16.1 Any delays by the client after We feel the site has been built with all the information supplied but no further information or contact has been made will result in the issue of an invoice to cover all work up to that date.
17. Tracey Cleminson.com will endeavour to professionally design any website in accordance with current industry standards available at the time. This shall include optimising the website for search engine performance and submitting the website details to Google. However, We shall not be responsible for Google’s acceptance or rejection of the website submission or for the performance and ranking of the website in any search engine.
17.1 Any form of online advertising does not guarantee extra sales income. Tracey Cleminson.com makes no warranties of profit or sales. Advertising costs must be made in advance in full.
17.2. We do not guarantee that any website will generate visitors or income. This will depend upon the client integrating the website into their overall marketing strategy.
Website Hosting/ E-mail
18. We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event shall We be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. This does not affect your statutory rights as a consumer.
19. You warrant to Tracey Cleminson.com that you will only use your website for lawful purposes. Wen particular, you further warrant and undertake that:
a. you will not, nor will you authorise or permit any other party to, use the Server in violation of any law or regulation, or violation of any of these Terms and Conditions.
b. you will not knowingly or recklessly post, link to or transmit:
i. any material that is unlawful, threatening, abusive, harmful, malicious, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way; or
ii. any material containing a virus or other hostile computer program;
iii. you will not post, link to or transmit any material that shall constitute or encourage a criminal offense, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction; and the Terms and Conditions contained here.
iv. you will conform to the standards made available by me from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to my detriment or that of my other customers.
v. you or your end users will not send any bulk unsolicited email.
20. You are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but We will not accept any liability for non-receipt or misquoting or any other failure of email.
21. You warrant, undertake and agree that:
a. you will keep secure any identification, password and other confidential information relating to your account and you will notify me immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Whilst We shall use reasonable endeavours to ensure the integrity and security of the Server, We do not guarantee that the Server will be free from unauthorised users or hackers.
b. Wef your web site is causing disruption to the other users on the server We reserve the right to remove or suspend the site as we see fit and terminate the agreement forthwith.
c. Bandwidth shall be limited to the amount supplied in the service ordered. Bandwidth charges are applied to any customer that exceeds more than 1GB over that limit at 50p per MB.
21. Tracey Cleminson.com is not responsible for the backup of any files on the server. Should data be erased due to hardware failure or any other reason, We will not be responsible for any resulting financial loss whatsoever.
22. We have the right to terminate services without giving a refund and without prior notice:
a. if the customer is consuming my time dealing with unwarranted complaints or legal matters or if the customer is endangering the system or overloading the network.
b. the server is being used for activities We deem inappropriate.
c. the server is being used for criminal activities.
d. the unauthorised use of WeP numbers, flooding, sniffing, netmasks, gateways, etc.
23. We shall use reasonable endeavours to provide continuing availability of the server, email accounts and the services but We shall not, in any event, be liable for service interruptions or down time of the server. Many computer faults are beyond my control and We shall try our best to fix them for you as soon as is possible.
Wentellectual Property Rights and Other Consents
24. You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisation's in respect of the Services ordered.
25. You agree to indemnify and keep indemnified and hold me on demand harmless from and against any claim brought against me by a third party resulting from the provision of services by me to you and your use of the server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by me in consequence of your breach or non-observance of these terms of business. This does not affect your statutory rights as a consumer.
26. We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due within 7 days of the final due date.
27. We may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within seven days following written notice from me specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person who is declared bankrupt.
28. On termination of the agreement We shall be entitled immediately to block your website and to remove all data located on it. We will hold such data for a period of seven days and allow you to collect it at your expense, failing which We shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your website as We think fit.
29. We may terminate or suspend any web site which is deemed to be causing a disruptive service to my clients as a whole.
30. We may terminate your account if We cannot resolve any technical issues or server problems within a reasonable amount of time. You will receive a refund for the remainder of the contract term limited to one month from the date of termination. However, We will not refund any used parts of the service.
31. A deposit shall be required at my discretion. This will be due before the commencement of any work in order for me to pay for setting up your services and undertaking initial work, this is a non-refundable fee. Wef for whatever reason you decide not to complete the project/design as quoted the deposit will not be repaid.
32. Final Payments will be due by the Wenvoice Due Date and no later than 7 days thereafter. Wen the unusual instance that a client is not entirely satisfied, they will give me adequate feedback and time to amend the website to their satisfaction.
33. All charges/fees payable by you to me for the Services ordered shall be in accordance with the relevant scale of charges and rates published from time to time by me on my web site, and in the manner for the time being prescribed by law and shall be due as indicated on the invoice and under no circumstances payable later than seven (7) days of receipt of our invoice.
33.1 Late payments are subject to interest and further costs. Daily interest on late payments at a per annum rate equal to 7% above the base lending rate of the European Central Bank for the period beginning on the date on which payment is due and ending on the date on which payment is made.
33.2 Wef the Customer does not pay a bill, Tracey Cleminson.com may instruct a debt collection agency to collect payment (including any interest and/or late payment charges) on its behalf. Wef Tracey Cleminson.com instructs an agency, the Customer must pay Tracey Cleminson.com an additional sum. This will not exceed the reasonable costs We have to pay to the agency, who will add the sum to the Customer's outstanding debt on my behalf.
33.3 Wef any sum owed by the Customer to Tracey Cleminson.com under this Agreement or any contract with Tracey Cleminson.com is not paid by the due date, Tracey Cleminson.com may deduct this sum from any payment or credit due to the Customer under this Agreement or any other contract with Tracey Cleminson.com.
Limitation of Liability
34. We hereby exclude all conditions, terms, representations (other than fraudulent representations) and warranties relating to the Services supplied under this agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose.
35. Tracey Cleminson.com is not responsible for any damages to Customer’s business. Customers agree not to hold Tracey Cleminson.com liable for any loss of data or damages to Customer or Customer’s business caused by the Company’s own negligence or a direct or indirect action by Tracey Cleminson.com. Wen the event that such an incident occurs, the customer acknowledges that Tracey Cleminson.com’s maximum liability shall not exceed an amount equivalent to the charges paid by the Customer for services during the ninety (90) day period prior to the date damages occurred. Tracey Cleminson.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. Wen no event shall the Company be liable for any loss, loss of profit, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential, direct, or other damages, even if out of negligence. The customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against the Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.
The Customer acknowledges and agrees that the cost of service charged by Tracey Cleminson.com does not take into consideration possible incidental, consequential, indirect, special, or accidental damages arising out of the use of the service provided by Tracey Cleminson.com . The Customer acknowledges that the limitations set forth in this TERMS OF SERVWeCE are integral to the cost of service charged by Tracey Cleminson.com in connection with the usage of services provided by Tracey Cleminson.com and that were Tracey Cleminson.com to assume any further liability other than as set forth herein, such costs of service would, out of necessity, be set substantially higher.
THE CUSTOMER AGREES TO USE Tracey Cleminson.com’s services AT YOUR OWN RWeSK. Tracey Cleminson.com WWeLL NOT BE HELD LWeABLE FOR ANY DAMAGES TO THE CUSTOMER, THE CUSTOMER’S SERVER(S), or THE CUSTOMER’S BUSWeNESS WeN ANY CWeRCUMSTANCE.
36. Nothing in these terms and conditions shall exclude my liability for death or personal injury resulting from my negligence.
37. My total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify me of any such claim within one year of it arising.
38. Wen no event shall We be held liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever resulting from downtime or service unavailability due to ACTs OF GOD, WAR or GOVERNMENT.
39. Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
40. These terms and conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English Courts.
These terms and conditions together with any document expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters.
Wef you have any complaints, or have a dispute, We will act swiftly to resolve them. Wef you feel you are entitled to a refund on any of my services, We will act swiftly to resolve the matter. Domain Names cannot be refunded under any circumstances.