General Terms & Conditions of Sale

Website hosting terms and conditions can be found here.

Completion of Work

Work on any particular website shall be deemed complete as of the invoice date or when the website is published live on the Internet. We understand that alterations may be necessary to text and images after the date of completion, and dhrystones the company will provide 1 set of minor changes to non-programmable aspects of the website free of charge within a period of 2 weeks after the date of completion. Further changes will be charged at our standard rates.

Print design work shall be deemed as final as of the invoice date. dhrystones will not be held responsible for errors in text which has been supplied or otherwise signed off by the client. It is the clients’ responsibility to check all text before the item goes to print.

Fees

Standard Fees for any design and development:

• 33% on placement of order
• Balance within 14 days of completion

Standard Fees for Hosting and Email:

• Payable yearly in advance

Standard Fees for ongoing website maintenance contracts:

• Payable either yearly in advance or monthly by standing order

Notice may be given in writing up to 1 month before the anniversary of the renewal of the hosting and maintenance charges associated with the customer’s website to terminate the agreement otherwise it will be assumed that hosting will continue for another year at the prevailing rate.

dhrystones will be fully entitled to turn off a service if an account is more than 14 days overdue without any further notice. Consequences of the site and email being unavailable are the full responsibility of the customer.

Limitations of Service

We endeavour at all times to make sure that our web sites and servers are available for the maximum amount of time (24/7). However, servers may be down occasionally for both routine maintenance and failure of operating and systems software. We cannot guarantee that the web systems will be available at any particular time.

Web Marketing

dhrystones provide a number of services whereby we submit your website to the Internet's largest search engines. This agreement recognises that the nature of search engine acceptance occurs on an infrequent and irregular basis that is out of the control of dhrystones.

dhrystones shall not give any guarantees on the outcome (success or otherwise) of promotion of a domain name and web site to search engines. If a web site does not appear in a search engine for any reason dhrystones will not be held responsible.

Website Design Services

Development work will be carried out to the specification setup in the proposal agreed with a client. If no proposal exists the standards outlined here will apply.

All code for display of web pages will be designed for Internet Explorer 7 and above, on Windows XP. Other browsers will be tested during the development phase (Firefox, Internet Explorer 6 etc.) but no guarantees can be made of the type of display on other browsers. Browsers must be upgraded to the latest service packs to prevent security and display problems for the customer.

Websites will be designed to the basic Disability Discrimination Act (DDA) level (A Standard). Please note the guidance set out by the DDA is subject to interpretation and we design to dhrystones’s interpretation of these guidelines.

Hosting Services

dhrystones will host web sites for their customers in accordance with a particular set of services set out in the attached contract or schedule of services. In the absence of an additional proposal the terms and conditions of hosting are specified in this agreement.

We will host your site and make best efforts for it to be available on the World Wide Web at all times. The World Wide Web is comprised of many networks and connections outside of dhrystones's control and we cannot guarantee availability of a website at all times or a specific time.

dhrystones will in no way be held responsible for any damage or loss of earnings (or potential damage) to a customer’s business by a website or services such as email, FTP or Content Management Systems (CMS) being unavailable for any length of time.

Your access to a website, email or CMS is via an external ISP (Internet Services Provider) over which dhrystones has no control. dhrystones cannot be held responsible for any of the policies or actions of an ISP and the customer must be prepared to change ISP if the service of their current supplier no longer works with dhrystones systems.

You as the customer are responsible to backup the information on the website when the project has been deemed completed.

Domain Names

We can purchase domain names on behalf of customers.

It is the responsibility of the client to ensure that a domain name does not infringe any trademarks or copyrights and to indemnify us against any action that may be taken to recover a domain name.

We will hold a domain name on behalf of a customer and will direct that domain name to both a web site, email and FTP accounts. The domain name may be transferred to another company at any time at the standard charge prevailing at the time, providing all payments of outstanding accounts are complete. Domain names remain the property of dhrystones until the customer pays applicable fees for their purchase in full. This applies for any TLD.

Transfer of a domain name and any cost ensuing (including legal costs) will be the responsibility of the customer.

Payment for domain renewals for is to be made before the due date otherwise the name may be lost.

Ownership of a domain name will not be passed to the customer until all outstanding payments are made.

The Customer Agrees to the following

1. To ensure that the information that you give, to us which is made for worldwide publication both now and in the future is accurate and truthful It will not be defamatory, libelous, indecent, obscene, misleading or offensive. We retain the right to amend or remove any information which we consider inaccurate and in any way false, defamatory, libelous, indecent, obscene, misleading or offensive.
   
2. That your business and any other materials or information you provide to us do not infringe any law, regulations or rights of other people or organisations.
   
3. That you will comply with our reasonable operating instructions including, without limitation, instructions to modify your software and hardware for Internet connection in order to receive our services successfully
   
4. To not use products for any illegal or improper purpose or to knowingly allow others to do so.
   
5. That the systems and pages designed to a customer’s specification must comply with various differing country regulations and laws where they may be made available. The customer indemnifies us against any action that may be brought because of infringement of regulations of another country as a result of the customers known or intended actions.
   
6. Where information is taken from other sources or databases it is the responsibility of the client to ensure that there is an agreement for supply of this information with the owner.
   
7. The client is responsible for any final checking of content and user-functionality before systems go live. Whilst dhrystones test all systems extensively before they go live on the World Wide Web, we can in no way be held responsible for any consequence of a site not being checked before announcement. It is the responsibility of the customer to adequately check the site to his or her own satisfaction before it is made available on the World Wide Web.
   
8. Clients will not approach or offer any of dhrystones employees or contractors regarding any work or employment other than via dhrystones during the contract or for a period of at least 6 months after their final contract with dhrystones.
   
9. Where email or FTP services are provided the client agrees to not use or attempt to use the account to send unsolicited email or “spam” in any way. Use of such email will result in immediate termination of all services. The definition of “spam” will be entirely at dhrystones discretion.

Intellectual Property Rights

All intellectual property rights in any design work, documents, drawings and information created by us will remain at all times our property.

A license is issued to the customer for use of the systems produced for the hosting period on payment of the invoices for the project.

As all systems are designed for use on the specific hosting environment for which they were created, including email, security, e-commerce and other systems, the systems will only be warranted to work on the specific hosting environment for which they were created. By agreement and on further work some systems may be made available on other hosting systems.

Limitation of Liability

In no event will the Company be liable to the Customer for any indirect, incidental or consequential damages arising out our Services or any products provided under any agreement, even if the Company has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion my not apply to the Customer.

The Company’s liability to the Customer for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to 125% of the Fees paid for the prior 12 months.

Termination of Services

The service may be terminated or suspended by dhrystones at any time where:

• The client is in breach of any of the conditions of this agreement
• The client becomes insolvent
• Invoices are more than 30 days overdue
• Force Majeure
• Neither party shall be liable to the other if its performance of its obligations under any agreement (other than an obligation to pay money) is prevented or hindered due to any circumstances outside of it’s control.
• Disputes as to ‘causation’ may be referred to an independent arbiter e.g. ACAS

Failure to Complete

In the event of failure to comply with some or all of the agreed terms, being content, deadlines or costs or other for what ever reason dhrystones will expect payment in full for the time/work/used/competed to the date of cessation.

Miscellaneous

Should any part of any agreement, for any reason, be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect. These Terms and Conditions of service are governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdictions of the courts of England and Wales. These Terms and Conditions shall be binding to the benefit of each party and their respective heirs, successors and assigns.

Non-Disclosure of Terms

Except pursuant to court order or as otherwise required under judicial or regulatory proceedings, neither party shall disclose the existence or the terms and conditions of any additional contracts or agreements between the customer and dhrystones without prior written consent to the other party.

Data Protection Act

It is the responsibility of the client to register under the applicable data protection act for their region, if necessary, for the storage and transmission of data. Any data collected and transmitted via the web site is within the sole ownership of the client and as such the client is responsible for the legal use of that data

Confidential Information

 

• dhrystones acknowledge that its relationship with Customer is one of high trust and confidence and that in the course of Services to Customer it will have access to and contact with Proprietary Information. dhrystones will not, at any time disclose to others or use for its benefit or the benefit of others, any Confidential Information.
  
• Where dhrystones is acting as a third party provider the company reserves the right to seek payment from the commissioning company for a full or part payment from the completed in the event of any disputation with the main contractor.
• dhrystones’s obligation under this section shall not apply to any information that (i) is or becomes known to the general public under circumstances involving no wrongful act or omission by or attributable to dhrystones or other of the terms of this section, (ii) is made available to dhrystones as a right by any third party, is independently developed by dhrystones, or is disclosed under judicial or governmental process, (iii) is generally disclosed to third parties by Customer without restriction on such third parties, or (iv) is approved for release by written authorisation from Customer.
• At any other time and on cessation of any formal business relationship, and when accounts are fully paid deliver to the customer all records, files and documentation relating to the business of Customer. The Customer agrees to hold dhrystones harmless from, and to indemnify dhrystones against, any and all losses, claims, damages, liabilities or expenses (including reasonable lawyers fees) which dhrystones may incur based on (a) any information or data concerning customer or customer’s products to the extent such material is furnished or prepared by or at the request of customer for use by dhrystones, and (b) any defect or alleged defect in any product manufactured by the customer.