Xenon Design Terms and Conditions of Business
Definition of our terminology as used within this document:
1. A 'Project' is any work undertaken or service provided by Xenon Design 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 Xenon Design.
3. 'Live Mode' means the date the website is available on the Client’s chosen domain.
4. 'Domain' is the website address as specified by the Client.
5. 'Hosting' is a yearly cost to keep a clients website activated online.
6. 'Content' is both text and images that the Client requires on the website.
7. 'mb' stands for megabytes and is a measure of storage space.
Xenon Design Terms & Conditions
1. The contract between Xenon Design 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.
2. The works to be carried out shall be as set out in the Xenon Design confirmation order email.
3. Email will be the method of contact with regard to all communication. Although Xenon Design can be contacted by telephone, we will use email as our method of communication and therefore it is the Client's responsibility to inform us of any change in email address so we always have up to date email contact details. Xenon Design can not be held liable in any way relating to communication issues if we are not supplied a valid email address. Xenon Design will acknowledge all emails within 2 working days.
4. Xenon Design will only commence work on a Project after receipt of a non refundable, 25% deposit of the quoted Project fee from the Client. Xenon Design will also require 25% payment on approval of the overall design concept. The final 50% payment is to be made on completion of the website. The website will be switched to Live Mode once the Clients remaining balance is paid in full.
5. The deposit paid to Xenon Design covers the cost of design work carried out as well as any admin work and communication with Xenon Design. The deposit is non refundable.
6. Xenon Design 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. It is important that the website is not in any way illegal.
7. It is important for the Client to keep in contact with Xenon Design throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 5 attempts to contact the client by email using the email address specified when the Client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded.
8. Where images used on the website have been purchased by Xenon Design on behalf of the Client, these images are strictly for use on the website only. Xenon Design 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.
9. Xenon Design will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Xenon Design will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
10. All hosting offered by Xenon Design is limited to 500mb of website space unless otherwise stated in a seperate contract. If your site requires more than 500mb of space we will advise of other hosting solutions and then cease hosting the site.
11. Xenon Design cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed as a result of a service offered by Xenon Design.
12. Where asked to provide search engine optimisation for a Client, Xenon Design do not guarantee any specific placement or high ranking on search engines.
13. Xenon Design will provide the Client with an expected completion date for the Project (live on the internet) if requested. Xenon Design will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Xenon Design is purely an estimate.
14. Xenon Design 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. Images will have been purchased by Xenon Design for the Client, unless the images have been supplied by the Client.
15. 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 Xenon Design, they will be thesole responsibility of the Client.
16. Domain names will be registered by Xenon Design and also registered to the Xenon Design current address. Although the domain names are registered to Xenon Design, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Xenon Design will do this within a reasonable timeframe.
17. A domain name will be registered by Xenon Design on behalf of the client (if necessary), once we have received the 50% deposit, 25% design payment, and the 25% final payment.
18. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Xenon Design can not be held liable for this. However, Xenon Design will make reasonable effort to contact the Client regarding domain renewal.
19. When a Client renews Hosting with Xenon Design, 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, their domain name could be made available to the public for purchase and Xenon Design can not be held liable for this.
20. 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 Xenon Design cannot contact the Client or the Client requests for Xenon Design to not host this site. This will also affect the domain as per Item 19.
21. The Hosting renewal charge must be received within 2 weeks of the Hosting expiry date. Xenon Design reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be no admin fee set by Xenon Design for reactivating the website/Hosting.
22. If the Client does not use Xenon Design Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
23. Xenon Design has no control of, or responsibility for, the content of Clients' websites. In no way does the textual or image based Content of our Client's web sites constitute Xenon Design endorsement, or approval of the website or the material contained within the website. Xenon Design 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. Xenon Design 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 does not guarantee or warrant that such links will point to the intended Client site at all times.
24. Xenon Design are not liable for loss, damage or corruption to files or information stored on its servers or individual computers relating to a Client's website. The Client is solely responsible for any information or files relating to its website. If a Domain name is purchased by the Client through a company other than Xenon Design, the Client has full responsibility in making sure that the domain name is renewed when due. Xenon Design will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Xenon Design.
25. Xenon Design makes no claims that the contents of this website may be lawfully viewed or downloaded outside the United Kingdom. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor's jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website's Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
26. A link back to www.xenondesign.co.uk will be placed in the footer section of every website we design for our Clients. If this link is removed by the Client, then the site's hosting will be terminated immediately.
27. Xenon Design reserved the right change these terms and conditions at any time.