Web design from Rhondda to Rhode Island, lets face it we'll do great websites for almost anyone. We suspect as website designers the Microsoft contract is a bit in the distance, but we are ready with our terms & conditions.
1. Domain name registration.
a. Payment for the domain name has to be paid in advance to TCRM in order for the domain to be secured. We cannot guarantee that the domain name applied for will be available for you. Accordingly, you should take no action in respect of your requested domain name (s) until you receive correspondence from TCRM that your requested domain name has been registered.
b. We cannot be held liable to the customer for any loss of profit, business or anticipated savings suffered by the customer on account of a failure to obtain, or loss of a domain name or any other matters arising.
We cannot be held responsible 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.
c. It must be acknowledged and recognised that the domain name system and the practice of registering and administering domain names is continuously evolving, and you hereby agree that TCRM may modify these terms and conditions from time to time to comply with any agreements by which TCRM is or will be bound, and to adjust to changing business circumstances.
d. Should the client request transfer out of any domain name from TCRM control, then an administration fee will be payable. Please contact us for the current charges. No guarantee, warranty or liability can be given or accepted in respect of timescale or accuracy as this is reliant on third party involvement. If you have not heard from TCRM, 30 days before the yearly renewal of your domain name, it is your responsibility to contact them immediately. TCRM cannot be held responsible for any missed renewals.
2. Web Site Hosting
a. Hosting is provided by TCRM and while we will use reasonable endeavours to maintain servers and associated system so that the security and integrity is safeguarded in so far as reasonable and practical, there may be temporary periods when your site is shut down for maintenance or when technical problems are being experienced. TCRM are not responsible for technical deficiencies or breaks in service when they occur. We will endeavour to inform you of any extended periods when your site will be off line, however TCRM cannot be held liable for any loss of business or damages your business may suffer. We will not provide compensation or a refund for the time that your site is off line. TCRM has excellent service up times but we are dependent on other parties for certain facilities such as network provision and therefore cannot guarantee service provision.
b. Material which is illegal, including copyrighted works, and adult material may not be hosted by the client. Supplying links to such material is also considered a breach of these terms. c. TCRM is not responsible for the security of the contents of emails sent or received by the Client, nor is it responsible for non-receipt, non-delivery or miss-routing of email or any failure of the email system. Furthermore, we give no warranty as to the accuracy or quality of information received by any person via the server. We do not guarantee that the server will be free from unauthorised users or hackers. d. With regard to e-commerce sites, it is the responsibility of the client and not TCRM to ensure that suitable arrangements are in place to maximise security levels with regard to financial and personal information relating to the users of the site. This may necessitate the use of secure electronic protocols, authentication certificates, encryption etc. and may require the provision of secure server facilities and an acceptable ISP host and/or the use of a credit card clearing service. Therefore, we cannot be held responsible for any illegal financial transactions involving your site. The Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the ecommerce site or any other services contemplated herein, and will hold harmless, protect, and defend TCRM from any claim, suit, penalty, tax, fine, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs. The client is solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations in respect of the Services, including without limitation, clearance and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant banks in respect of your operation of an ecommerce site. The client agrees to indemnify and keep indemnified and hold us on demand harmless from and against any claim brought against us by a third party resulting from the provision of Services by us 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 us in consequence of your breach or non-observance of these terms of business. Even though TCRM endeavours to keep servers and assocated systems as secure as possible, we cannot be held responsible for any alterations or loss of data due to the intrusion of hackers. Any passwords provided to you by TCRM are your responsibility to keep secure. We can therefore offer no responsibility from malicious use due to the misuse of your password.
3. Web Design Service
a. Before commencement of the project the client will be invoiced for 10% of the final agreed price unless the client was informed otherwise. Smaller fees may require full payment in advance at our disgression. Once this payment has cleared, work will commence. Cancellation of the project by the client at any time will result in the necessary deductions being made from this amount for work completed and services used. Any quote will remain open for acceptance for a period of 30 (thirty) days from the date of our contractual estimate. If, for any reason, TCRM is not permitted to commence the work within 30 (thirty) days of acceptance of our offer, we reserve the right to re-negotiate. On commencement of the project, TCRM will provide design ideas, , depending on the site. TCRM and the Client undertake to work together to complete the website within a 30 day timescale. The Company will use all reasonable endeavour to meet the defined timescale. However, due to the nature of Web Design, TCRM cannot be held responsible with regard to rigid timescales and will not be liable in cases of late reporting, however caused, nor shall lateness be deemed to be a breach of Contract or an act of negligence. TCRM will inform the client on project progress, and the Client must supply all source materials to timescale (30 days), failure to provide source materials within the specified timescale (30 days) will be sufficient grounds for TCRM to cancel the agreement and retain any deposits or stage payments made thus far as cancellation fees. Upon completion of the project, the client agrees to remit the remaining balance of the project fee within 14 working days. Failure to do so may result in extra charges. Unpaid invoices will bring about automatic suspension of any hosting solution which will include your website along with any email services supplied by TCRM , 30 days after invoice date. Should your hosting be suspended a reconnection fee may be charged for each reconnection of any hosting solution, such payment to be made in advance and subject to clearance through our bank. TCRM cannot be held liable for any loss of business resulting from the termination of any hosting accounts. They cannot be held liable for any potential future loss of business resulting from the termination of any hosting accounts. Furthermore, TCRM cannot be held liable for any loss of business resulting from the termination of any Web Design services.
b. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to TCRM for inclusion in the design are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend TCRM and its sub-contractors from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. Copyright to the website when completed will be owned by TCRM . The Client will be assigned rights to use the finished work as a website, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. TCRM retain the right to display graphics and other Web Design elements as examples of their work in their portfolio. TCRM will fix all errors notified to them within 30 days of the site being put live on the Internet. If errors are reported after more than 30 days, TCRM reserves the right to apply a discretionary charge before implementing any necessary fix. If any modifications or updates exceed what TCRM would consider reasonable adjustments, TCRM reserves the right to quote accordingly for the work to be carried out. TCRM cannot guarantee the amount of traffic that will be generated through any website we have created. We accept no responsibility or liability if a search engine or directory that the site has been submitted to chooses not to list the client's web site. Full back ups are made , however no guarantees are made of any kind, expressed or implied, as to the integrity of these backups. TCRM cannot be held responsible for lost files, information, or data. Nor can they be held responsible for loss of business/revenue due to server failure. The Hosting service will normally be provided by TCRM. If a client uses a hosting service not supplied by us then we cannot guarantee the performance of the website. TCRM reserves the right to revise its terms and conditions at any time. Our 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 us of any such claim within one year of it arising. TCRM include with their hosting services the registration and renewal of one address, any other addresses used are charged independently of the main address. Please contact us for current prices.
d. Cross-browser compatibility (ensuring that web sites and applications operate well in various web browsers) is an essential aspect of good Web Design. However, web browsers change regularly with updated versions often introducing new features which differ significantly from those of earlier versions.
Therefore in designing and developing web sites and applications TCRM applies the following principles to our work.
TCRM WILL test and optimise our websites and applications at the time of launch for the current release versions of the most popular browsers used worldwide. As at June 2011 these are:
* Internet Explorer version 9
* Internet Explorer version 8
* Mozilla Firefox version 4
* Mozilla Firefox version 3
* Google Chrome version 11
TCRM WILL NOT guarantee that websites and applications will look/operate the same in future browser releases nor will we automatically change a website/application for all our clients to ensure its consistency with future browser releases. We WILL undertake the following:
We will undertake browser compatibility upgrade projects as commissioned
TCRM WILL NOT change a site to conform to BETA release versions of browsers or less popular browsers unless they become one of the most popular browsers used worldwide unless specifically commissioned by a client.
TCRM WILL endeavour to always take other browsers into account when building websites and applications, however we cannot guarantee that our websites and applications will operate appropriately in browsers older than those listed above.
a. All payments have to be received before or on the due date as per invoice. TCRM cannot be responsible for loss of services due to late payments.
b. TCRM reserve the right to remove services in the case of non payment.
5. Google Adwords
a. TCRM Google Ad words Service is provided at 15 pounds per calender month plus 5.0 per cent of the monthly budget.
b. While TCRM have taken care in the preparation and presentation of the Adword Campaign the service is offered without any warranty or guarantees being offered, whether express or implied, of quality, fitness for purpose, accuracy or compatibility. Specifically, no guarantees are made or offered that any advice given on this site, or offered in any report supplied by TCRM employees, or provided within any email from the domain ' TCRM.co.uk', will result in increase revenue, visitors, sales or any other improvement in performance measured by any means known or unknown.