Colchester Web Design

• 1. CWD will provide the Service by the date agreed with the Client but the Client is advised that all dates are estimates and CWD accepts no liability for any failure to meet any date.
• 2. The Client agrees to make available to CWD as soon as reasonably possible all materials required to complete the Web Site to the agreed standard within the agreed timescale but CWD accepts no liability for costs incurred, compensation, loss of earnings or any other losses due to the failure to meet agreed dates.
• 3. The Service is provided solely for the use of the Client and its authorised users. The Client is prohibited from selling or attempting to sell the Service whether whole or in part to any third party.

Web Site Design

• 4. CWD accepts no liability 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.
• 5. The Client is responsible for checking the content of the Web Site and CWD accepts no liability for and will not become involved in any disputes between the Client and their customers and cannot be held responsible for any wrongdoing on the part of the Client
• 6. The Service must not be used by the Client or any of their authorised users in any way that does not comply with the terms of any legislation or licences applicable to the Client or that is in any way unlawful.
• 7. The Service must not be used by the Client or any of their authorised users:
• • (a) fraudulently or otherwise unlawfully; to send, receive, upload, download, use or re-use any information images or material that is offensive, abusive, pornographic, defamatory, obscene or menacing, or in breach of confidence, copyright, trademark, service mark, patent, privacy or any other rights;
  • (b) to cause annoyance, inconvenience or needless anxiety;
  • (c) to transmit knowingly or recklessly any electronic material through the Service which shall cause or is likely to cause harm, in any degree, to computer systems owned by CWD or other internet users;
  • (d) other than in accordance with the acceptable use policies of any connected networks.
• 8. If the Client breaches terms 6 or 7 above in any way CWD reserves the right to terminate the agreement with the Client immediately without notice.

Web Site Hosting and Email

• 9. CWD uses a third party in respect of purchasing domain names/web site addresses on the Client’s behalf and provides no guarantees that the address/ domain name requested will be available.
• 10. No checks are carried out by CWD in respect of whether such domain names/ web site addresses are trademarked and accepts no liability for any disputes or losses that may occur if that should prove to be the case.
• 11. The Client shall have no right to bring any claim against CWD in respect of any refusal to register a domain name by the relevant registration authority.
• 12. No guarantees whatsoever are offered to the Client by CWD in respect of either listings or positioning in terms of search engine results or sponsored search results however CWD will submit requests to various search engines for the Client’s web site to be listed.
• 13. The Client is bound by the terms and conditions of the third party host company (currently Heart Internet Ltd but subject to change where necessary) and has read and understood their terms and conditions of use as set out on their website at www.heartinternet.uk.
• 14. The third party host company has the right to terminate the Client’s use of their services at any time, without notice, if the Client is in breach of any of their terms and conditions.
• 15. CWD accepts no liability for any failure by the Client to renew or register domain names/ web site addresses but will contact the Client prior to expiry of any term to enquire whether they wish to renew and to advise of the necessary renewal date.
• 16. CWD accepts no liability for non-receipt or miss-routing of emails or for any failure of email, however if any problems of this nature are brought to our attention by the Client we will use our best endeavours to resolve the problem as quickly as possible.