Our Website Services Trading Terms and Conditions
These Website Services Trading Terms apply to any website design, build and hosting services (“Website Services”) that we provide. These Websites Services Trading Terms should be read alongside, and are in addition to “Website Terms of Use” and “Privacy, Data and Cookies" pages presented on this website.
Read these Website Services Trading Terms carefully and print a copy for your future reference. By ordering Website Services from
Ringstones Media
you agree that you have read, understood and agree to these Website Services Trading Terms, our Privacy, Data and Cookies Statement and our Website Terms of Use (each as amended from time to time). If you do not agree to these Website Services Trading Terms, you must not order any services from us.
1. Definitions
The terms "
Ringstones Media
",
"
Ringstones
",
"we", "us", "our" and "ours" when
used in these Terms and Conditions mean
Ringstones Media of
Winterslow, Salisbury SP5 1RS.
The terms "you", "your" and "yours" when used in these Website Services Trading Terms mean any user of this website or references to the person ordering services from us.
Should you have any questions about these Website Services Trading Terms or wish to contact us for any reason whatsoever, please use the contact details set out below:
Post:
Ringstones Media, Youngs Paddock, Winterslow, Salisbury SP5 1RS
Telephone:
01980 863282
Email:
mail@ringstonesmedia.co.uk
2. Order Process
2.1
Details on the Website Services options and limitations are available on the
Ringstones Media
website
www.ringstonesmedia.co.uk.
All services descriptions and illustrations shown on the
Ringstones Media
website are provided in good faith but are intended as guidance only and actual services may vary.
2.2 As part of the order process, you will outline your requirements for the website design, build and hosting services that you wish us to provide, preferably in writing. You agree to provide any information reasonably required by us during the order process.
2.3 As part of your outline, you must make it clear if you require more than 100 pages and the expected frequency of required updates.
2.4 Quotations
("Quotation" )for a Website Service are valid for a period of thirty (30) days. Nothing in these Terms obliges us to provide a quotation
and we reserve the right, in our sole discretion, to refuse to accept your Order
(
"
Order"
). Following receipt of our Quotation,
you be asked to confirm your Order to us via a signed Agreement
("
Agreement"
2.5 Your Order via our Agreement is accepted by us and becomes binding only when we expressly confirm the Order in writing by email or post. Our normal procedure is confirmation in the form of an Invoice (
“Invoice”) showing the agreed rates and the commencement date of the Agreement. The commencement date is given in good faith, based on the web design requirements at the time of the Quotation but may vary, dependent on subsequent changes as advised.
3. Services
3.1 We will design and build a website for you based on your requirements and including the material including without limitation images and text provided by you.
3.2 A creative design representing a typical page of a website will be designed and presented for approval. The creative design will then be used as a guide for the design of the overall website.
3.3 When the finished website is 'signed off' in writing by the Client, it will be submitted to internet search engines using industry standard submission tools. While Search Engine Optimisation is provided as standard, dynamic SEO to improve search listing performance on Google, Yahoo! and other directories, would require a separate process and would be quoted for separately.
3.4 All websites are designed for personal computers and mobile devices.
3.5 You have the right to cancel your order within 7 days of our acceptance.
3.6 We will be pleased to offer general advice on marketing your website, including how to link to or append third-party services such as social media, Facebook, Google Business, Checkatrade and other such apps. We will not be responisible for their performance, effectiveness or the terms and conditions set by the operators.
4. Prices and Payment
4.1 The prices for our Website Services will be as set out in the Quotation submitted by us prior to your Order
(Price). All prices are in pounds sterling. Our charges are currently not subject to Value Added Tax
(VAT).
4.2 Immediately upon acceptance of your Order by us the full Price of the Website Services shall be due and payable following the schedule as established on our Agreement.
4.3 The Website Services contract commences on the date of the first payment.
4.4 If any sum payable is not paid on the due date for payment, we reserve the right to suspend the Website Services. We shall not maintain the website files on our hosting server, and if appropriate, all files will be removed from our hosting server.
4.5 We accept payments for our core Website Services by standing order to our bank. At this time we do not accept any other form of payment. Ancillary services, materials, software or related requirements are to be paid for by online bank transfer.
4.6 Domain names transferred in or out of our service may be subject to a transfer administration fee.
4.7 We reserve the right to revise any payment methods or prices at any time.
4.8 Our standard hourly rate for any extraordinary technical, design or development work undertaken outside the signed Agreement is £20.00 per hour.
4.9 Registration and management of domain names is costed at £3.00 per domain per month.
4.91 Hosting of domains on our server is costed at £10.00 per domain per month.
5. Our Obligations
5.1 We endeavour but do not guarantee to complete the Website design by any given completion date or within any agreed timescale. We will endeavour to affect routine updates and maintenance as promptly as possible. In all cases, time shall not be of the essence. In the circumstances of extended periods of absence, we will endeavour to provide advance notice to allow forward planning of website updates.
5.2 The design and building of your website will only commence following the receipt of the Agreement, initial payment and provision of the images and text by you.
5.3 All website briefings or associated service requirements should be provided by you by email or otherwise in writing.
5.4 When we have completed the website design, your website will be uploaded to the internet for the purposes of your review and approval. The design will not be submitted to the search engines until you have fully checked all details of the content and provided us with written approval of your website (such approval not to be unreasonably delayed or withheld). The onus will be on the Client to ensure the website contains correct information and data. You may provide approval by email or by post to our contact details set out in clause 1 above.
5.5 Following your approval and subject to payment being duly received, we will upload the approved website to our hosting server. We reserve the right not to upload the website files if payment has been suspended, postponed or cancelled.
5.6 Once the website is approved by you, we are not responsible for any errors or downtime caused as a result of changes made to the website by you or the hosting thereof by you or by any third parties.
576 Any web site designed by us and built using industry-standard coding, designed to function on commercial computer hosting servers and we bear no liability or responsibility for hosting on any other service or application.
5.8 To ensure operational efficiencies, ownership protection and viral/malware control, we would ask that your website domain name is transferred to our hosting provider.
5.9
Ringstones Media
will renew the domain name on a yearly basis as part of the standard website service, or will renew the domain name as instructed under clauses 4.9 and 4.91 (above). When all relevant agreements have terminated, the domain will revert to the public domain.
5.10 In the event of an unscheduled termination of trading,
Ringstones Media
endeavours to ensure that the Client will be notified and sent all relevant website files and material along with full written instructions to enable the Client to transfer their domain name from the current domain host. This will ensure that the Client retains control and ownership of their website and domain name and facilitates their website's continued presence on the internet.
5.11
Ringstones Media
will facilitate access to Google data on request.
Ringstones Media
will not otherwise be involved in, or responsible for the administration of this service or the results therefrom.
5.12
Where email accounts are required, we will arrange an IMAP email account on our server to provide up to 20 personal email addresses.
To manage emails,
Ringstones Media
will allocate secure and private access to an online email client in the form of Webmail. If the Client required email mangement on their own devices, the configuration of the user's email client will be the responsonsibility of the user. We will provide all email account configuration details.
Migration of legacy emails to and from the customers' server/s will be the responsibility of the customer and we accept no resposibility for the loss or damage to said emails.
5.13
Where email accounts are provided by us, email efficiency will be monitored by
Ringstones Media
in the intitial stages to ensure functionality, then this procedure will be cancelled. This complies with the General Data Protection Regulations (2018) as detailed on
our Privacy, Data and Cookies page. The client may request the removal of this procedure from the outset if so desired.
5.14
We are aware of email abuse and endeavour to keep spam and malware to a minimum using spam filters. We cannot accept liability for the receipt or conseqences of such emails. Any emails received that appear inappropriate or from an unreliable source should not be opened, but deleted immediately.
6. Your Obligations
6.1 You agree to promptly provide to us (free of charge) any information and material (including without limitation images and text) that we may reasonably require to enable us to proceed with our obligations under these Website Services Trading Terms. All material submitted will be provided in an electronic format.
6.2 You warrant and represent that all information and material provided to us is (a) accurate; (b) is either owned by you or that you have permission of the owner for the material to be used in relation to the provision of the Website Services; and (c) is free from viruses or other harmful programs.
6.3 You warrant and represent that the website content and all information and material provided to us by you or on your behalf complies with and will continue to comply with all applicable laws, regulations and guidance.
6.4 To ensure efficient operation, all briefings and material should be forwarded by a central contact nominated by you.
6.5 You agree that any website designed and built by us may display the phrase "Website designed by
Ringstones Media
" or similar acknowledgement and a link to the
Ringstones Media
website at
www.ringstonesmedia.co.uk
.
6.6 You shall promptly pay to us all payments due under these Website Services Trading Terms. We shall not be obliged to deliver the website until we have received all payments due under these Website Service Trading Terms.
6.7 You agree to indemnify us in respect of any losses, costs,expenses, damages and/or claims incurred by us as a result of any breach by you of these obligations
set out in these terms.
7. Intellectual Property Rights
7.1 While the website will be considered the property of the Client, all intellectual property rights, its functionality, programming code and any design work, documents or drawings (excluding any material provided by you) are vested in and at all times remain the property of
Ringstones Media
.
We hereby grant you a non-exclusive licence of such intellectual property rights for the purpose of operating your website.
7.2 You hereby grant us a licence to use any information and material provided by you to enable us to design and build the website.
8. Our Liability
8.1 We will use reasonable skill and care in fulfilling any Order. However, to the fullest extent permitted by law, we exclude all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise.
8.2 Save as expressly set out in these Website Services Trading Terms, we will not be liable to you for any special, indirect, incidental, consequential or economic loss or
for loss of profits or revenues howsoever caused arising in connection with any order placed by you.
8.3 Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall, subject to Clause
8.5, be limited to the Price.
8.4 We will not be liable to you where breach of these Website Services Trading Terms is due to any cause that is beyond our reasonable control, including but not limited to acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations
or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
8.5 Nothing in these Website Services Trading Terms shall exclude or limit our liability
for personal injury, death or fraud or any liability which may not be excluded or limited as a matter
of law.
8.6
Ringstones Media
will consider incorporating third-party software or programs into the architecture of your website on the understanding that we accept no responsibility and have no liability thereto on the results achieved or how said software and programs function. All such software and programs are to be provided at the client's expense.
9. Termination
9.1 We shall have the right to terminate this agreement if:
(a) you are in breach of your obligations set out in these Website Services Trading Terms; and/or
b) you fail to approve the website without reasonable cause within a reasonable period.
c) the required build of the website is amended, altered or changed to another design or specification
not previously agreed.
9.2 You may terminate this agreement immediately at any time by providing written notice of termination to us by email receipt or post to the contacts set out in clause 1 above stating that you wish to terminate your Website Services and stating your contact name and your full address. If you terminate this agreement, we will not be required to make any refund to you or give credit for any uncompleted element of the Website Service.
9.3 Termination or breach of this agreement within the initial contracted period is subject to your settling the costs of the remaining term, along with any outstanding debts.
Ringstones Media
retains the right to withhold all website files, material, domains and data until full settlement of any outstanding payments has been made.
Ringstones Media will be allowed to sell the website domain name to partially or wholly offset any outstanding debts.
9.4 Non-payment without consent after three months will be taken as a breach of the Agreement
9.5 An unagreed termination of the Agreement without the consent or permission of
Ringstones Media
or a breach of the Ageement will permit
Ringstones Media
at its discretion, to suspend all website services and post the legend:
"The website for (organisation name) has now been suspended. Enquiries about the domain (domain name) may be made through www.ringstonesmedia.co.uk
." at
mail@ringstonesmedia.co.uk
".
Website suspension will be maintained for a further month after the initial suspension date, after which all website services will be terminated without notice. The suspension notice will be changed to:
"The website for (organisation name) has now been terminated. Enquiries about the domain (domain name) may be made through www.ringstonesmedia.co.uk
." at
mail@ringstonesmedia.co.uk
".
Domain renewal will not be made during the suspension period and as a consequence, could become available to register by others.
Ringstones Media
will accept no liability as a consequence of these actions.
10. General
10.1 We may update or amend these Website Services Trading Terms from time to time to comply with applicable laws or regulations or to meet our changing business requirements.
Any updates or amendments will be posted on the
Ringstones Media
website at
www.ringstonesmedia.co.uk
.
Where appropriate (for example contracted customers) advance notification will be given.
10.2 These Website Services Trading Terms supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
10.3 You may not assign or sub-contract any of your rights or obligations under these Website Services Trading Terms to any third party unless we agree in writing. We will not assign, transfer or sub-contract any of its rights or obligations under these Website Service Trading Terms to any third party unless we agree in writing.
10.4 No relaxation or delay by us in exercising any right or remedy under these Website Services Trading Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
10.5 If any of these Website Services Trading Terms are found to be illegal,invalid or unenforceable by any court or administrative body of competent jurisdiction, the rest of these Website Service Trading Terms shall remain in full force and effect.
10.6 Only you and we shall be entitled to enforce these Website Services Trading Terms. No third party shall be entitled to enforce any of these Website Services Trading Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.7 These Website Services Trading Terms are available in English only and are governed by English law. In the event of any matter or dispute arising out of or in connection with these Website Services Trading Terms, you and we shall submit to the exclusive jurisdiction of the English courts.
These Terms updated:
8th February 2024