Terms & Conditions
1. DEFINITIONS
The terms “White Tiger Designs”, “Developer”, “we”, “our”, “us”, “I” when used in these Terms and Conditions mean White Tiger Designs. The Terms “you”, “your”, “yours”, “client”, “clients” when used in these Terms and Conditions mean you.
A developer is an internet web designer providing the client, HTML, CSS, Javascript, graphical design and or any other related computer programming languages.
2. ACCEPTANCE OF WORK
All quotations are valid for 1 month from date of issue
White Tiger Designs reserves the right to withdraw from the contract at any time prior to acceptance.
Any additional work that is requested by the client which is not set out in the original agreed quotation is subject to an additional quotation by White Tiger Designs. If the work is needed as part of an existing project then this may affect the timescale and overall delivery time of the project.
The Client agrees to provide information, text, images and anything else White Tiger Designs has requested in good time to enable White Tiger Designs to complete the agreed project in the timescale given
Any work is subject to a minimum charge of £25
3.COPYRIGHT AND PERMISSIONS
All pages, images, text and code on White Tiger Designs website http://www.whitetigerdesigns.co.uk is copyrighted material. The Client and any visitors to White Tiger Designs must not use any pages, text, images or code on the website for use without permission from White Tiger Designs
All websites created by White Tiger Design are copyrighted. If a client wishes to use any website design created for them other then on White Tiger Designs servers, the client must ask for written agreement first.
The client agrees that resale or distribution of the website or any software provided by White Tiger Designs is strictly forbidden.
In situations where the client provides images, text, animations, layouts, videos or any other content for use on their website they are legally responsible for ensuring that they have full permission from the original authors and this material does not infringe any copyright. The client agrees to hold harmless, protect and indemnify White Tiger Designs from any claim or suit that may arise as a result of the supplied media and content.
The Client agrees that White Tiger Designs may include a small accreditation link with any website or code that White Tiger Designs builds or amends.
The Client agrees that White Tiger Designs reserves the right to include any work done for the client on the Developers website such as in a portfolio of work.
4. MATERIAL
White Tiger Designs reserves the right to refuse to construct or host websites which we may judge as unfit due to content or otherwise. Including, but not limited to
- Any media which infringe copyright or are contrary to UK laws
- Any media which contains a virus or hostile program
- Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
- Any media which constitutes a criminal offence, infringes privacy or copyright
5. FASTHOSTS AND WHITE TIGER DESIGNS
White Tiger Designs host all our websites through Fasthosts Internet Ltd. Some of their main terms are outlined below. The client agrees to abide by Fasthosts Terms of Service.
White Tiger Designs reserves the right without notice to cancel, reject or refuse work with domain names, hosting and any other services provided by White Tiger Designs without reason for such rejection or refusal.
The client agrees that they are liable for the use of their domain name, hosting services, website and email. The client agrees to indemnify and hold harmless White Tiger Designs from any claim resulting from the client’s publication of material and use of the domain name, website, hosting and email services.
Any further services such as additional changes, updates, domain names, hosting, email extras, domain renewals, hosting renewals, extra disk space, extra MySQL space, bandwith and other related charges are to be paid by the client
6. DOMAIN NAMES
The client agrees that the registration of a domain name does not provide ownership or the right to the domain name. The client holds the title to the domain name for the period until renewal. White Tiger Designs holds no liability and the Client hereby agrees to indemnify and hold harmless White Tiger Designs from any claim resulting from the registration of a domain name
All .uk Domain names are registered through Nominet, the governing body for all .uk domain names and the Client agrees to fully abide by the terms and conditions set out by Nominet
Any other domain name is registered through Heart Internet Ltd the Client agrees to fully abide by the terms and conditions set out by Fasthosts
The client agrees to provide truthful details to White Tiger Designs for the registration of domain names.
The client agrees that registration information for domain names is available for the general public via Whois system. However clients can ask for their address not to be included in the Whois system
The client is liable to pay White Tiger Designs for any domain name registrations and hosting fees if not included as part of a web design package.
All payments for domain names are to be paid before the renewal date, failure to do so may result in the clients domain name becoming available for another party to purchase
7. HOSTING
Fasthosts offer an unlimited use policy by maintaining very large ratios of bandwidth per customer however in rare cases Fasthosts may find a customer to be using server resources to such an extent that the client may jeopardize service performance and resources for other customers. In such instances, at Fasthosts’ discretion, Fasthosts reserves the right to suspend that service immediately. This policy is only implemented in extreme cases and is intended to prevent the misuse of Fasthosts services.
Fasthosts limit the size of each uploads made via scripting languages
If the client exceeds the limits on the 150MB MySQL database then White Tiger Designs will automatically charge the client for the additional space used.
Fasthosts make no warranties or representations that any service will be uninterrupted or error-free. You accept all services provided hereunder “as is” without warranty of any kind.
White Tiger Designs or Fasthosts shall not be liable for any interruptions to the services or outages arising directly or indirectly from:-
- interruptions to the flow of data to or from the internet;
- changes, updates or repairs to the network or software which it uses as a platform to provide the services
- the effects of the failure or interruption of services provided by third parties
- factors outside of Fasthosts' reasonable control;
- Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
- Problems with Your equipment and/or third party equipment;
- Interruptions to the services requested by You.
White Tiger Designs is not liable for any loss of profits due to downtime on the server
All payments for hosting services are to be paid before the renewal date, failure to do so may result in website and email services becoming unavailable.
FTP can be supplied for the clients hosting service however White Tiger Designs can not be liable for any content or wrong doing uploaded by the client.
White Tiger Designs shall not be liable for any services or products supplied by any third party.
Downloads may only be hosted if you are the owner or have permission from the owner.
8. MAILBOXES
Each standard mailbox comes with 20MB of storage, this is in place to protect potentially large volumes of email sent to a single address that could materially affect the email system server. Additional storage can be purchased. It is the client’s responsibility to ensure that their mailboxes do not reach its allocated level. White Tiger Designs or Fasthosts cannot be responsible for emails lost due to full mailboxes.
It is the clients responsibility to keep their passwords for emails, ftp and any other services confidential, and to change the password on a regular basis. White Tiger Designs or Fasthosts are not liable for any lost data or security issues due to stolen passwords.
If Fasthosts identify a mailbox or domain that is causing problems; Fasthosts will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.
It is the Clients responsibility to back up their emails
9.SPAM, SPYWARE, VIRUSES
Spam is considered to be any mass unsolicited message the mediums of newsgroups and emails
For details of what is not allowed by Fasthosts and the spam/ illicit material policies please see Fasthosts Acceptable Use Policy section in their terms of service.
White Tiger Designs is not liable for any problems caused by any spam, malicious software, spyware, viruses and website hacking which cause damage to the clients property
Our server may not be the source, intermediary or destination address involved in the transmission of spam.
10. PROJECTS
If a initial preview design is provided to the client in jpeg format, the client agrees that when built into HTML or other scripting language the initial design may differ slightly. This is because of the rendering nature of HTML or other scripting language in an internet browser. White Tiger Designs agrees to try and match the design as closely as possible when building the website from the jpeg.
A website is designed on the specifications provided by the client. It is important that the client communicates with White Tiger Designs to achieve the clients required result. Once a chosen layout is approved by the client all other pages of the website will use the same design layout and White Tiger Designs reserves the right to quote for additional layouts or different designs after the approval of the initial designed page.
If the client requests alterations, new pages or different functionality other then specified in the original quotation then White Tiger Designs reserves the right to quote separately for the alterations requested.
White Tiger Designs endeavours to create a website for the client that is easily crawled by search engines. However White Tiger Designs gives no guarantee that the website will become listed with any search engine.
White Tiger Designs reserves the right to charge an additional cost for typing out hard copies of text or scanning large amounts of content such as photographs and images, White Tiger Designs reserves the right to request any additional payment before any further alterations continue.
White Tiger Designs will initially build and test the client’s website on a preview page during the website development stages. When both White Tiger Designs and the client agree that the website meets the specifications set out in any quotations and is error free. White Tiger Designs will then publish the website to the client’s chosen domain name.
If an error or issue arises during any project which does not allow the code to match the original specification then the client agrees that White Tiger Designs can use the closest alternative match
After or during a website build the client or a third party may wish to edit their website themselves to make updates. However the client agrees that in doing so they assume full responsibility for any issues or errors which may occur as a result of changing the code themselves. White Tiger Designs reserves the right to quote to repair any damage to the client’s website.
White Tiger Designs keeps copies of websites, graphics and MySQL databases for backup purposes, in the unlikely event of any corruption or hardware failure on the server, White Tiger Designs will upload the latest backup however cannot guarantee to be able to replace lost data or the latest version. If the client has FTP access it is their responsibility to make regular backups in case of any server hardware or software failure.
Certain images provided by White Tiger Designs may have been purchased under licence from stock image suppliers. These images are generally only licensed for the use on a website. The licence may not permit them to be used in publicity material. The client is responsible for ensuring this does not happen.
On request, White Tiger Designs can provide a copy of the website on CD and posted to the client, a small charge may be made to cover the cost.
11. FUNCTIONALITY
White Tiger Designs shall make every effort to ensure compatibility that websites are designed to be viewed by main internet browsers such as Google Chrome, Internet Explorer, Firefox and Safari. White Tiger Designs cannot guarantee that the design will look the same in all browsers.
Any software updates for main browsers or hosting services may affect the functionality and display of the clients website. As such White Tiger Designs reserves the right to quote for any work involved in changing the website to work in updated software for browsers or hosting services.
Client agrees that advanced applications such as flash, javascript, java and other coding languages may require the latest browser version or plugin
12. PAYMENT TERMS
Prices are subject to change without notice
Cheques are to be made payable to “White Tiger Designs”
White Tiger Designs expects full payment by the due date on the invoice, except where agreed by White Tiger Designs. In extreme cases White Tiger Designs may remove services such as domain name, hosting and emails if payment is not met.
White Tiger Designs reserves the right to decline further work on a project if invoices are outstanding with the client.
Client may cancel a web design project, hosting or any other services in writing. If White Tiger Designs has begun or completed work on behalf of the client then they are obliged to pay for the work that has been carried out
If the client requires a meeting after the client has given their approval for work to commence will be charged at our usual hourly rate as well as travelling expenses.
13. LIABILITY AND WARRANTY DISCLAIMER
White Tiger Designs provides websites and the contents on an “as is” basis and makes no warranties with regards to the websites content or fitness of services offered for a particular purpose. Developer cannot guarantee functionality or operations of the clients website or that it will be uninterrupted or error free, nor does it warrant that the content is complete, accurate or current.
The client agrees that White Tiger Designs is not liable for any bugs, errors, performance issues, interruption or failure. If errors are found whilst on White Tiger Designs hosting platform then White Tiger Designs will fix these errors free of charge for the client.
White Tiger Designs endeavours to provide the website within the given time scale to the best of our ability. However the client agrees that White Tiger Designs is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given timescale.
The client agrees that White Tiger Designs is not liable for any absence of service as a result of illness or holiday.
The client agrees that White Tiger Designs is not liable for any failure to carry out its services beyond White Tiger Designs control including but not limited to telecommunication problems, acts of God, software or hardware failure, third party interference, emergency on a major scale, Government or any social disturbance of extreme nature such as riot, strike, terrorism, war or any other act or omission of any third party services.
White Tiger Designs is not liable for any consequences or financial losses such as, but not limited to losses of profit, business, revenue, contract, data or potential savings relating to services provided
White Tiger Designs will endeavour to test the functionality of its websites however the client shall assume entire responsibility in testing content regularly to ensure they are functioning correctly.
If the client goes into involuntary or compulsory liquidation or cannot pay its debts then White Tiger Designs reserves the right to cancel any work completed for the client.
There are sometimes laws and taxes which affect internet ecommerce. The client agrees that it is their responsibility to comply with these laws and will hold harmless, protect, and defend White Tiger Designs from any claim, suit, penalty, tax or tariff arising from the client’s website.
From time to time White Tiger Designs may recommend an update to the client including but not limited to, new legislations, web standards or software releases. White Tiger Designs reserves the right to quote for any updates as separate work. The client agrees the White Tiger Designs is not liable for failure to notice or inform updates to their website. The client agrees that they shall defend, indemnify, save and hold White Tiger Designs harmless from any and all demands, costs, liabilities, losses and claims arising from omission to implement these updates.
14. INDEMNIFICATION
The client agrees to use White Tiger Designs Services at their own risk and agree to defend, save, hold and indemnify White Tiger Designs harmless from all liabilities, costs, demands, losses and claims including but not limited to legal fees against White Tiger Designs. The client agrees indemnification extends to all areas of the project, including but not limited to the website content, domain name and hosting.
The Client agrees to hold harmless, indemnify and defend White Tiger Designs against any liabilities arising out of injury to person or property caused by any service, product, advice or wrong doing between the client to third parties, including but not limited to, delivery of defective products or services which is harmful to any person, business company or organisation, infringement of copyright, misinformation, wrong doing or infringement of proprietary rights.
15. NON DISSCLOSURE
White Tiger Designs and any third parties agree that, unless agreed by the client, will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the client agrees that they will not disclose any confidential information about White Tiger Designs to another party without prior consent.
16. PRIVACY POLICY
White Tiger Designs is committed to safeguarding the privacy of its customers and visitors. We will only use the information that we collect about you lawfully in accordance with the UK Data Protection Act 1998. If you have any questions concerning your personal information, wish to have your information removed or regarding any of White Tiger Designs practices please contact us.
We collect information from details you give us when you use our website and from any contact forms, emails you may send us.
The client agrees that any of their contact details change it is their responsibility to inform White Tiger Designs. Failure to do so may mean that domain name and hosting renewal invoices may not be received by the client.
From time to time White Tiger Designs may send you marketing emails. If at any time you wish to opt out of receiving information from White Tiger Designs you may do so by contacting us.
17. INTERPRETATION
White Tiger Designs reserves the right to terminate a project with a client at any time without prior notification if it finds that client in breach of these terms and conditions. White Tiger Designs shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation
This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
If one or more terms are held to be void or unenforceable for whatever reason, any other terms not so held will remain valid and enforceable at law.
If White Tiger Designs waive any of these Terms and Conditions on an individual basis, this shall not affect the validity of remaining clauses or commit White Tiger Designs to waive the same clause on any other occasion
Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts
White Tiger Designs reserve the right, at any time and without prior notice, to add, change, update or modify any of these Terms and Conditions. The latest terms and conditions can be found on the website.
By accepting a quotation or making a payment to an invoice the client agrees to have read, understood and accept White Tiger Designs and Fasthosts ltd Terms and Conditions, and agrees to be legally binding by these terms and conditions your statutory rights are not affected.
Last Updated 13th May 2009