Disclaimer for Contentys Marketplace.
Contentys Ltd will not be responsible for any damages your business may suffer to the extent permissible by law. We make no warranties of any kind, express, implied, statutory or otherwise for any Service we provide. For further details please refer to our Terms of Service
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. Charges
Charges for services to be provided by Contentys Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Contentys Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of one hundred (100) per cent of the project quotation total before the work is supplied to the Client for review.
Payment for services is due by credit card, debit card, cheque or bank transfer. Cheques should be made payable to Contentys Ltd, Lower Ground Floor, Telephone House, Lancaster, Lancashire, LA1 1AB. Bank details will be made available on invoices.
3. Client Review
The Client agrees in advance to the design process what the project will include. This will be confirmed in writing after the initial requirements call. The Client does have an opportunity to approve the design during the design phase but once this has been agreed Contentys will then go on to complete the project as agreed on the initial requirements call. Changes to the project after this point may be chargeable.
At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Contentys Ltd otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Contentys Ltd will install and publicly post or supply the Client's website by the date specified in the project proposal, or at a date agreed with Client upon Contentys Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed by Contentys Ltd.
In return, the Client agrees to delegate a single individual as a primary contact to aid Contentys Ltd with progressing the commission in a satisfactory and expedient manner.
During the project, Contentys Ltd will require the Client to provide website content; text, images, movies and sound files where appropriate.
5. Failure to provide required website content:
To remain efficient to all of our clients we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to halt the design until the required information has been received.
If you agree to provide us with the required information and subsequently failure to do could result in the workflow being ended. We reserve the right to close the project and the balance remaining becomes payable immediately. Clients are disallowed from delaying the workflow of project at any point from beginning to end.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date without the involvement of Contentys Ltd
6. Payment
Invoices will be provided by Contentys Ltd upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Contentys marketplace subscription fees are subject to a minimum term of 12 months at the agreed amount. This is none negotiable.
7. Additional Expenses
Client agrees to reimburse Contentys Ltd for any additional expenses necessary for the completion of the work. Examples would be purchase of additional features that incur more work from our design team. Contentys Ltd does/will not accept responsibility for any additional costs incurred via external websites and 3rd party companies linked to your website such as: Ebay, PayPal, Amazon, Facebook, Twitter, YouTube, LinkedIn, Instagram, and Worldpay. This remains solely the responsibility of the client.
8. Web Browsers
Contentys Ltd makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome and/or newer operating systems and versions etc.). Client agrees that Contentys Ltd cannot guarantee correct functionality with all browser software across different operating systems.
Contentys Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Contentys Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
9. Search Engine Listings
Registration of the Website with Search Engines will only be undertaken if contractually agreed with the Client and Contentys Ltd cannot guarantee listings as the Engines themselves determine who to list. All sites will be designed with search engine optimisation in mind, but Contentys Ltd is unable to make any guarantees about the success of any search engine positioning.
10. Domain Names
Contentys Ltd may purchase domain names on behalf of the Client. Payment and renewal of those domain names will be renewed automatically for clients paying annual monthly contracts. All other customers will be asked to pay an annual renewal agreed with the agent. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Contentys Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Any Domain Name obtained will belong to the Client. The Client agrees to indemnify Contentys Ltd, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party. The Client warrants that the domain name sought is not a trademark of a third party.
11. Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Contentys Ltd.’s Web space, Contentys Ltd will, at its discretion, remove all such material from its web space. Contentys Ltd is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Clients with accounts in default agree to pay Contentys Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Contentys Ltd in enforcing these Terms and Conditions.
12. Annual Contracts
Customers who enter a contract with Contentys Ltd must complete the fixed term agreed with the agent. Customers cannot cease their service earlier than the agreed term, or alternatively the full cost of the contract can be paid in advance, to cease the service. Contracts will roll on unless customers request cancellation in writing thirty (30) days in advance of the last payment of the agreed contract.
13. Termination
As soon as you pay for your order, we will automatically provide you with an invoice, information of services, and a link to our terms and conditions, and you acknowledge that, even if you are a consumer, you will have no right to cancel your order after 7 days of initial payment. Termination of on-going services by the Client must be requested in a written notice and will be effective on receipt of such notice, this includes by email. Telephone requests for termination of services will not be honoured until and unless they are confirmed in writing. Termination of services maybe denied should outstanding balances not be cleared in full upon cancelling.
14. Refunds
Refunds are accepted and agreed upon only in extreme cases at our own discretion. If you are entitled to a refund we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event; within 30 days of the day we received your valid notice of cancellation. No refund will be made on any products purchased over 30 days old.
15. Indemnity
All Contentys Ltd services may be used for lawful purposes only. You agree to indemnify and hold Contentys Ltd harmless from any claims resulting from your use of our service that damages you or any other party.
16. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client - and grant Contentys Ltd the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Contentys Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Contentys Ltd from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Contentys Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
17. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Contentys Ltd to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
18. Design Credit
A link to Contentys Ltd will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Contentys Ltd's portfolio unless specific requests in writing are made by the Client for this not to happen.
19. Access Requirements
If the Client's website is to be installed on a third-party server, Contentys Ltd must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
20. Post-Placement Alterations
Contentys Ltd cannot accept responsibility for any alterations caused by the client or third party who has pre-agreed permission occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. Please contact our support team if you are unsure about making alterations. Tutorials are given free of charge and accepted at a pre arranges appointment slot. Fees for additional amendments and the inclusion of extra pages after completion of the website are charged at £50+VAT per item.
21. General
These Terms and Conditions supersede all previous representations, understandings or agreements or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment on-line is an acceptance of our terms and conditions.
22. Governing Law
This Agreement shall be governed by English Law.
Contentys Ltd hereby excludes itself, its Employees and or Agents from all and any liability from:
· Loss or damage caused by any inaccuracy;
· Loss or damage caused by omission;
· Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
· Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Contentys Ltd to the Client 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.
24. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid
25. Change of Terms & Conditions
These terms & conditions may be updated from time to time. The Client will be informed of revisions as and when they are issued. Should the terms and conditions be rejected by the client, the client will forfeit all services.