Terms

You indicate acceptance of these terms and conditions by placing an order with Yambo. These terms and conditions will not be varied for individual customers.


1 DEFINITIONS


1.1 In this Agreement the following words and expressions shall have the following meanings:


1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;


1.1.2 "intellectual property rights" means patents, trade marks, design rights, code, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;


1.1.3 "Yambo" means Yambo Web Services as a company


1.1.4 "IP address" stands for Internet Protocol address which is the numeric address for the server;


1.1.5 "ISP" stands for Internet Service Provider;


1.1.6 "server" means the computer server equipment operated by Yambo Services in connection with the provision of the Services;


1.1.7 "the Services" means web hosting, domain name registration, email and any other services or facilities provided by Yambo.org.uk


1.1.8 "spam" means sending unsolicited and/or bulk emails;


1.1.9 "virus" means a computer programme that copies itself or is copied to other storage media and causes damage to the user's files or creates a nuisance or annoyance to the user and includes
without limitation computer programs commonly referred to as "worms" or "trojan horses";


1.1.10 "visitor" means a third party who has accessed the Website;


1.2 Product specifications and details may be found upon contact with Yambo.


1.3 Words denoting the singular shall include the plural and vice-versa and words denoting any gender shall include all genders.


1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.


WEB DESIGN :: Terms and Conditions Revised May 2009


1. Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Yambo. Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document.


2. Yambo Web Design holds intellectual copyright of any material, including source code and original images/designs created for the client. FTP details will not be given out to our customers.  A 'source-code/design' buy out option may be considered.


3. Clients’ Responsibilities with Regard to Copyright: In situations where the client provides images, text, animations, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright.
Certain images provided by Yambo Web Design may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.


4. Registration Charges: All third party costs arising from the registration of a domain name shall be met by the Client. Yambo recommend that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client’s behalf we agree to transfer this domain name to the client immediately upon request and without additional charge.


5. Search Engine Promotion: If Search Engine Optimisation has been agreed as part of the contract the client must be aware that Yambo are not responsible for ongoing web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural/organic search results is controlled by the search engines. While we can optimise your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.


6. Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.


7. IMPORTANT! Failure to Provide Required Website Content: You must ensure that we are not delayed as a result of late delivery of the material and content required to complete your website.
This is why we ask that you provide all the required information in advance. On any occasion where we are delayed because you have not provided this information, we reserve the right to impose a surcharge of 10% of the total cost of the work per week it is overdue. Also, if your job involves Search Engine Optimisation, we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information in advance and subsequently fail to do within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. This will not be a problem provided that you do not give us the go ahead to start until you are ready to do so.


8. Conceptualising: Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. This clearly takes a lot of time and for higher cost websites it will be included. For low cost sites (below £1000) you should be aware that (unless previously agreed) only two concepts are possible. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don’t do this we will design the website appropriately.


9. Travel Time and Travel Expenses: Travelling time to and from customer premises is not generally included in our estimate. Yambo reserve the right to make a charge for travelling time at our current hourly rate. Likewise Yambo reserve the right to charge for travelling expenses based on 45p per mile. (NOTE: There will be no charges for travelling time or expenses incurred during the quotation process, i.e. before you give your approval for work to commence.)


10. Quotations: The price quoted to the client is for the work specifically agreed on the quotation only. Should the client decide that changes are required after work on the website has commenced there may be a surcharge.


11. Payment - Advance Fee: An advance fee of 50% of the total cost of the project is required before work can start; for low cost sites (below £700) full payment will be required in advance. Clients should only pay this advance fee if they agree to our terms and conditions. Payment of the advance will be taken as agreement.


12. Payment - Refund Policy: After work on a website commences advances are not refundable.


13. Late Payment 1: Any websites previously launched may be removed if payment is not forthcoming. When this occurs an additional minimum charge of £50 will be required to have the site restored.


14. Late Payment 2: Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.

 

 

15. W3C XHTML & CSS compliancy is a standard Yambo tries to adopt. This is especially true for static sites/pages. Yambo do not claim our Content Management Systems and E-commerce systems are 100% compliant to these standards but that we have taken all reasonable steps to ensure the website is mostly compliant. Dynamic content may invalidate our coding.

 


16. Future Support: Your website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand Yambo is not responsible for future support. Support can be provided upon request for an agreed fee. Your website is offered as a single contract and no guarantee of the availability of future support from Yambo Web Design is offered unless an ongoing support package has been agreed.

 


17. Future Site Problems: Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. It is highly unlikely that these will affect your website, and Yambo will endeavour to protect it from this as much as we can during its creation, but after the website is handed over we cannot be held responsible for problems caused by illegal activity or the actions of others.


2 INTRODUCTION


2.1 The Customer wishes to provide Yambo with data that will be hosted on Yambo Services's servers and made accessible via the Internet.


2.2 Yambo Services provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.


3 DUTIES


3.1 Yambo shall provide to the Customer the Services specified in their order subject to the following terms and conditions.


3.2 The Customer shall deliver to yambo the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Yambo ("the Customer Software), in a format specified by Yambo.


4 CHARGES ,PAYMENT, AND RENEWALS


4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) and direct debits, bank transfers, BACS payments and cash.


4.2 Yambo do not accept cheques, postal orders or any other form of payment other than those outlined in 4.1


4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.


4.4 Yambo shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 10% per week there-after above the base rate of the Bank of England from time to time in force.


4.5 Yambo do not provide credit facilities.


4.6 From time to time Yambo may make enquirers on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.


4.7 Yambo requires a 50% payment upfront before work commences on any project. The website will only go live upon the final payment being received and cleared. This is none negotiable.

 

4.8 Mainteance and exchange mailboxes require a minimum 12 x month contract. You accept to these terms by signing up to our maintenance/exchange mailbox contract.


4.9 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.


4.10 Should your chosen payment method fail Yambo will attempt to settle your invoice using any other payment facilities available on your account.


4.11 Any quote given by Yambo is for up to a total of 3 web-site redesigns only. Any additional redesigns will be changed at a cost per hour per design.

 

4.12 Where applicable, and stated in the quote, all work shall be completed within set timescale. Failure to complete work within set timescale will result in an additional cost per hour.

 

4.13 All services will renew until cancelled by the customer. Yambo emails the customers primary email address prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.


4.14 All Yambo invoices must be paid within the 25 day grace period. Failure to do so will result in a 10% surcharge of the total amount every week the invoice is overdue. If no payment has been received Yambo will terminate all services.


5 IP ADDRESSES


5.1 Yambo shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.


5.2 Where Yambo changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.


6 SOFTWARE LICENCE AND RIGHTS


6.1 If the Customer requires use of software owned by or licensed to Yambo ("Yambo Services's software") in order to use the Services, Yambo Services grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Yambo Services in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Yambo Services.


6.2 In relation to Yambo Services's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Yambo a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Yambo Web Services any right, title, interest or intellectual property rights in the Customer Software or the Content.


6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Yambo Services.


6.4 Yambo Services may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Yambo Web Services shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.


7 SERVICE LEVELS AND DATA BACKUP


7.1 Yambo shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Yambo makes no warranties or representations that the Service will be uninterrupted or error-free and Yambo shall not, in any event, be liable for interruptions of Service or downtime of the server.


7.2 Yambo carries out data backups for use by Yambo in the event of systems failure. Yambo Services do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Yambo Web Services accepts no responsibility for data loss or corruption.


8 ACCEPTABLE USE POLICY


8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:


8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;


8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;


8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;


8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;


8.1.5 engage in illegal or unlawful activities through the Services or via the Website;


8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or


8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Yambo Web Services's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.


8.1.8 operate or attempt to operate IRC bots or other permanent server processes.


8.2 The Customer has full responsibility for the content of their Website. For the avoidance of doubt, Yambo is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.


8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Yambo shall be entitled to withdraw the Services and terminate the Customer's account without notice.


9 ALTERATIONS AND UPDATES


All alterations and updates to the website shall be either made by the Customer using the online account management facility or Yambo Services. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Yambo and the password will be changed.


10 WARRANTIES


10.1 The Customer warrants and represents Yambo that Yambo Web Services's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Yambo Web Services as set out in Clause 6.2.


10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Yambo Web Services shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.


11 INDEMNITY


The Customer agrees to indemnify and hold Yambo Web Services and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Yambo Web Services arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.


12 LIMITATION OF LIABILITY


12.1 Nothing in these terms and conditions shall exclude or limit Yambo Web Services's liability for death or personal injury resulting from Yambo Web Services's negligence or that of its employees, agents or sub-contractors.


12.2 The entire liability of Yambo Web Services to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.


12.3 In no event shall Yambo Web Services be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Yambo Web Services had been made aware of the possibility of the Customer incurring such a loss.


13 TERM AND TERMINATION


13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.


13.2 Yambo Web Services shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.


13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:


13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or


13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or


13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or


13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or


13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.


13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.


13.5 On termination all data held in the customers account will be deleted.


14 ASSIGNMENT


14.1 Yambo Web Services may assign or otherwise transfer this Agreement at any time.


14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Yambo Web Services's prior written consent.


15 FORCE MAJEURE


Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.


16 SEVERANCE


If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.


17 NOTICES


Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.


18 ENTIRE AGREEMENT


This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.


19 GOVERNING LAW AND JURISDICTION


This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.


20 DOMAIN NAME REGISTRATION


20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Yambo Web Services will provide a full refund for that domain name.


20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.


21 SCRIPTING


Yambo Web Services are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.


22 PRIVACY


To protect your privacy we will not distribute your details to third parties, unless required to do so by law.


23 DATA TRANSFER


23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.


23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.


24 SERVER USAGE


Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.


25 AFFILIATE PROGRAMME


Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid.


26 EMAIL NEWSLETTER


Yambo Web Services communicates with it's customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.


27 WEBSPACE USAGE


Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.


28 MAIL BOXES


Mail boxes not accessed for 100 days or more will be deleted from the system.