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TERMS AND CONDITIONS

Our business operating terms and service level agreement

 Definition of our terminology as used within this document:

  1. A ‘Project’ is any work undertaken or service provided by Artistsweb for the client on their request and as described in our confirmation order email to that client.
  2. A ‘Client’ is a person, persons, business or organisation using any of the services provided by Artistsweb.
  3. ‘The Payment Period’ shall be the time allowed by Artistsweb for receipt of all monies owed to Artistsweb by the client.
  4. ‘Live Mode’ will be from the date the website is available on the clients chosen domain.
  5. ‘Domain’ is the website address as specified by the client.
  6. ‘Services’ is any product or service provided to the client.
  7. ‘Hosting’ is a yearly cost to keep a clients website activated online.
  8. ‘Content’ is both text and images that the client requires on the website.
Terms & Conditions
  1. The contract between Artistsweb and the client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing. Please read these terms and conditions carefully. By accessing this website and paying for our services you agree to be bound by the terms and conditions below. These terms and conditions are subject to change without notice, from time to time in our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this website.
  2. The works to be carried out shall be as set out in the Artistsweb confirmation order email. Once the deposit is received by Artistsweb, this contract becomes legally binding and all monies owed for the work carried out must be paid in full on completion and handover.
  3. Artistsweb will only commence work on a project after receipt of 50% deposit of the quoted project fee from the client. The final 50% payment is to be made on completion of the website/project. The website will be switched to live mode or project files handed over once the clients remaining balance is paid in full.
  4. All electronic transactions are carried out via Sagepay & Barclaycard Business. The service providers are responsible for the security of cardholder data. If a client chooses our monthly management services or yearly renewal of any service which Artistsweb provides, the full amount will be debited on a recurring timely basis using the registered card details held at Barclaycard/Sagepay. If a client wishes to cancel automatic renewal charges, a written confirmation is required 30 days before the renewal of any allocated services.
  5. The deposit paid to Artistsweb covers the cost of design work carried out. It is not possible to refund a deposit once Artistsweb have started the design if the client wishes to cancel the project. Artistsweb reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by Artistsweb but possible providing Artistsweb decide upon this option. Once the client has approved the second stage of the development, which is the creation of screen captures and approval of the third stage, which is the development of the website, then the client is fully liable to pay for the complete amount of the project cost agreed on the order invoice. If a project is cancelled or postponed, all outstanding payments for all work completed beyond what was already paid for shall be paid by the client.
  6. Artistsweb shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally within UK law. It is important that the website is not in anyway illegal. Any content including, images, text, logo or business identities copied from another website and supplied to Artistsweb for use on their website is strictly prohibited, and in any such case, Artistsweb are not liable for this as the client will take full legal responsibility.
  7. Where images used on the website have been provided by Artistsweb during the development stages of the website need to be replaced with the clients own imagery or the appropriate licence purchased to use them on the website. Artistsweb are not liable for misuse of these images by the client or any other person/s copying, altering or distributing the images to individuals or other organisations.
  8. If clients choose to host the website development we have created on their own servers or third party hosting servers, then all the minimum hosting requirements of the platform have to be met in order for the website to work correctly. If required, Artistsweb can provide hosting services at an additional cost for the project, in doing so we will endeavour to provide a reliable and professional service to the client at all times with a 99.9% uptime guarantee.
  9. Artistsweb cannot be held responsible for anything adversely affecting the client’s business operation, sales, or profitability that they might claim is a result of a service provided by Artistsweb.
  10. Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.
Development
  1. All images displayed on the client’s website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client OR Artistsweb, they will be the sole responsibility of the client. If the client uses third party software, components, plugins for any section of the development including open source scripting, then it is the clients full responsibility to check the validity of the item/s. Artistsweb will integrate as per the client request any third party scripting at an agreed cost, but shall not be liable for any errors, configuration faults or functional aspects of these modules. The same principle applies to modules or scripting we have implemented onto the development, if for any reason future errors occur in its functionality after its been deployed in live status or requires future upgrades, then the client is fully responsible for checking and monitoring the website on a regular basis. Our team would be available to investigate any technical issues and resolve problems at an agreed cost.
  2. Artistsweb own all design and code of the website until final payment has been received in full. Once final payment is received, the client will then own the design and code of the website. CMS – custom control panel access and email set up is only gained by the client once full payment is received for the project. The details are then handed over to the client. Artistsweb will ensure the website will be working fully from both the frontend/backend on handover. If the hosting servers are not with Artistsweb but a 3rd party company, Artistsweb need full access to the server including any additional third party services the client is using in order to make any modifications safely to enable the website to functional optimally. Artistsweb shall not be liable for any loss of data, downtime, loss of business costs or expenses for any changes made to a 3rd party service which is out of Artistsweb’s control.
  3. Artistsweb’s CMS platform prices and upgrades can change at anytime. Artistsweb shall inform the client of any upcoming changes in writing, typically 14 days before any new price or contract changes. This also applies to all clients data/websites not hosted with Artistsweb but makes use of the platform. If Artistsweb notices any security or vulnerability risks to its CMS platform, then it has all rights to upgrade and change the CMS to secure its operation and Intellectual Property rights. If any errors occur during the use of the CMS or if the client deletes/destroys content whilst saving or using the CMS in any way, then it is the clients sole responsibility to have backups in place before editing so they can revert back to previous versions.
  4. The Client agrees to indemnify, defend and hold Artistsweb and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including solicitor’ fees, made by any person arising out of Client’s violation of this Agreement, or any other person’s rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Artistsweb or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages. In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Client’s remedies under this Agreement fail, then Client expressly agrees that under no circumstances will the total, aggregate liability of Artistsweb and its third party service providers, employees, distributors, agents or affiliates, to Client or any party claiming by or through Client for any cause whatsoever exceed the deposit or entire project cost, regardless of the form of action and whether in contract, statute, tort or otherwise.
  5. Artistsweb may from time to time employ freelance designers to cope with the demand of our web design/graphic and programming services. Should any legal issues or claims arise from the website/graphic development or copyright of any images/videos/scripting supplied to the client, it is the sole responsibility of the freelance designer and not Artistsweb as a business.
  6. Any domain names registered by Artistsweb will be registered to the Artistsweb’s trading address. Although the domain names are registered to Artistsweb , the client is the legal owner of the domain and if they request to have the details changed or the domain transferred elsewhere, Artistsweb will do this within a reasonable time.
  7. All new registered domain names by Artistsweb will have an expiry date after 1 year of being activated. It is the responsibility of the client to renew their domain names when due. If a domain name expires, Artistsweb can not be held liable for this. However, Artistsweb will make reasonable effort to contact the client regarding domain renewal.
  8. Artistsweb will guarantee to submit your completed web site to the Google search engine. Please note, there is no guarantee on how long it will take in total for your site to be included, it usually takes from 6-8 weeks but it could take longer depending on the search engine crawlers. In accordance with Google terms of operation, there is no priority submit for Google, meaning “No one can guarantee a #1 ranking on Google”. Artistsweb implements the tried and tested on-page SEO techniques to successfully gain our clients higher page ranks, yet this is also subject to Google’s indexing results and Artistsweb shall not be held liable for the final results. If clients wish to cancel any of the monthly SEO or PPC services we provide, then Artistsweb will need 30 days written confirmation prior to the renewal date to cancel the subscription service.
  9. When a client renews “hosting” with Artistsweb, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting or domain, the domain name could be made available to the public for purchase and Artistsweb can not be held liable for this. Artistsweb will provide a 99.9% uptime guarantee of our hosting servers including our CMS Hosting Platform, this does not include planned maintenance procedures or DOS Attacks that can infiltrate a data centres hosting platform and would require urgent action, which can lead to prolonged down time out of Artistsweb’s control. Artistsweb shall not be liable for any loss of data if the client makes accidental changes to any part of their service with us, or as a result of DOS or virus attacks.
  10. Renewal of “hosting” is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the client. The “hosting” will not be renewed if we cannot contact the customer or the customer requests for us to not host this site.
  11. The hosting renewal charge, including the CMS platform renewal fee must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting or CMS use has expired and the client has not paid the renewal charge. There will be an admin fee set by Artistsweb for reactivating the website / hosting. If the client wishes to terminate the hosting or domain and transfer it to another provider, Artistsweb will do this for a specified admin fee at the time of the transfer. It is the sole responsibility of the client to renew services on time. If the overdue payment is not made within 60 days after the due date, the data centre has full authority to terminate all associated files and this process will become irrecoverable. If a client wishes to cancel any of the hosting, domain or CMS services, then Artistsweb will need a 30 days written confirmation prior to the renewal date to cancel the service.
  12. If the client does not use Artistsweb hosting services then the management and hosting of the domain name are the full responsibility of the client. If the client provides us the information for their own chosen hosting with an alternative provider, they must assure all FTP details are correct and relating to the website we have created for them. If any errors occur during the upload or download via the clients server, or if any personal data related/unrelated is corrupted or destroyed, Artistsweb are not liable for this.
  13. Artistsweb has no control of, or responsibility for, the content of our client’s web sites. In no way does the textual or image based content of our client’s web sites constitute Artistsweb endorsement, or approval of the web site or the material contained within the web site. Artistsweb has not verified any of the materials, images or information contained within our client’s web sites and is not responsible for the content or performance of these sites or for the client’s transactions with them. Artistsweb provides links or references to our client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.
  14. If additional future updates are requested by the client after the website is made live, then we will quote for these requirements at the time of the request. All update invoice/s have to be paid in full before they can be scheduled in to be completed.
  15. Spotlight member discount is only applicable if the current standard web design package does not have a seasonal offer. It cannot be used in conjunction with any other offer.
  16. If a domain name is purchased by the client through a company other than Artistsweb, the client has full responsibility in making sure that the domain name is renewed when due. Artistsweb will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than Artistsweb.
  17. Until full payment has been made, Artistsweb retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final artwork to use and distribute as they see fit. Artistsweb retains the right to use the completed project and any preliminary designs for the purpose of future publications on design, marketing materials and portfolio.
  18. The designer shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors or website functionality errors contained in the final product. It is agreed that the designer or Artistsweb is not responsible or held liable for any errors contained in the final product after the final product has been published in view of the public and handed over to the client.
  19. Advanced after care support will be provided for a period of 7 days once the website is made live. This includes cms, ecommerce, domain, email and hosting related support. After this period, the advanced Artistsweb’s support service is discontinued and replaced with 24/7 free email and ticketing support to all clients requiring technical support. We will endeavour to respond to tickets within a 24 to 48 hour time period, however this is subject to change depending on the ticket list. If the client wishes to continue Artistsweb’s advanced technical support including phone support, then a monthly or yearly or per incident support fee will be made available. Any advance technical requirements, including upgrading server software, requesting server modification or any site changes to the server will be chargeable as a premium service. If clients accounts have overdue or pending invoices, these payments will need to be cleared for support to continue.
  20. All correspondence and documents provided will be treated as confidential between the client and the designer, unless both parties involved have granted consent.