Terms and Conditions of Business
As amended 1st September 2011
1. General Terms
1.1 In this document Forest Design Ltd is referred to as 'Forest Design' and its clients are referred to as 'the client'.
1.2 By ordering or using any of Forest Design's products or services including a Forest Design website the client is deemed to have accepted these Terms and Conditions whether or not the client has been provided with a copy.
1.3 Forest Design reserves the right to amend or vary any of its Terms and Conditions at any time and without notice.
1.4 Additional Terms and Conditions may be applicable where Forest Design supplies products and services on behalf of third parties.
1.5 All quotes for products or services are valid for a maximum of 30 days.
1.6 Forest Design reserves the right to vary prices published in the standard price list without notice.
1.7 Forest Design reserves the right to increase prices for currently provided products or services to a maximum of 10% per year.
1.8 Technical support shall be provided for current hosting and design clients where they have been included in the sale agreement. Any specialist training that is provided by telephone or on-site will be charged to the client at Forest Design's current hourly rate.
1.9 Forest Design shall not be held liable for any loss of turnover, sales, revenue, profits or indirect, consequential or special loss or damage caused by the use misuse or any unavailability of any of its products or services.
1.10 The client undertakes not to participate in any form of un-solicited bulk e-mailing spam or any other similar unacceptable activity associated with any products or services provided by Forest Design.
1.11 The client undertakes that their website is for acceptable use but Forest Design reserves the right to suspend the website immediately and without notice in the event of a breach or suspected breach by the client.
1.12 Forest Design does not accept any responsibility for the effect that programs supplied by Forest Design or downloaded from the Internet by the client upon the recommendation of Forest Design may have on the computers of the client.
1.13 Forest Design personnel may configure the clients computer at the request of the client so that products and services from Forest Design may be made available. Forest Design does not accept any responsibility for the loss of any data or programs as a result of such work.
2.1 If one of Forest Design's annual support packages are purchased the client is expected to commit for this period of time. If the client cancels the account within the service period then Forest Design will not make any refunds for any unused portions of the package.
2.2 If the client does not wish to renew an account Forest Design must be contacted 14 days before the renewal date stating that the client wishes to cancel their virtual server account.
2.3 Hosting and support fees must be paid for in full and in advance and no fees can be refunded once the order has been placed.
2.4 Domain name registration fees are non-refundable once the order has been placed.
3. Domain Names
3.1 Where Forest Design receives a request to register domain names on behalf of the client, Forest Design does not guarantee that any particular requested domain name will be available until confirmation has been received from the naming authority.
3.2 In purchasing domain names on behalf of the client, Forest Design are acting solely as the clients agent and accepts no responsibility for the continuance or otherwise of that registered domain name.
3.3 Forest Design provides no warranty that the domain name requested by the client will not infringe the rights of any third party and the client will indemnify Forest Design in respect of any such infringements.
3.4 The client shall be responsible for all renewal fees relating to any domain names purchased on their behalf by Forest Design, whether charged direct by the naming authority or by Forest Design.
3.5 By registering a domain name through Forest Design within the .uk Top Level Domain (a "Domain Name"), the client enters into a contract of registration with Nominet UK whose terms and conditions can be found on their website at http://www.nic.uk/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
3.6 By registering any other domain name (i.e. not a .uk Top Level Domain) through Forest Design the client enters into a contract of registration with the registration authority relevant to that domain name and their terms and conditions will apply.
3.7 It is the responsibility of the client to ensure that registrant details are kept updated. In the event of a dispute the relevant naming authority for the type of domain held should be contacted and provided with full details of the complaint.
4. Web Pages
4.1 The client will be responsible for the content of website pages including obtaining the legal permission for any material included on the pages and ensuring that the contents of these pages do not violate UK or international law. All images uploaded to a clients website should either be purchased stock images with proof of purchase, or original images photographed by the client or someone known to the client. Images downloaded from the internet are usually copyright protected and Forest Design do not recommend their use. The responsibility for any copyright infringement action is with the client if the image source cannot be verified.
4.2 All text and images supplied by the client are the copyright of the client. It is the responsibility of the client to ensure that model consent and/or permission of the copyright owner is sought for the use of any third party photographs or images supplied to Forest Design for use in the construction of any website. The layout and design of the website the code generated to create the site and any images created by Forest Design remain the copyright of Forest Design.
4.3 The client will be held responsible for and accept responsibility for any defamatory confidential secret or other proprietary material available via the clients website page(s).
4.4 Forest Design reserves the right to remove without notice from the client's website pages and/or material deemed to be inappropriate by Forest Design.
4.5 At the bottom of each page of the clients website will be placed the words Website by Forest Design or similar wording and a link to the Forest Design website will be active.
4.6 Unless specifically requested all design work whether finished or in progress will be uploaded to the client's server space. Work can however be proofed on Forest Design's server space before final uploading to the client's own server space.
4.7 In the event of a dispute regarding the design of the website or withheld or late payment Forest Design reserves the right to withhold or withdraw all web pages and image files until such dispute is resolved.
4.8 Forest Design will not undertake work involving the design of any website promoting or selling products or services that are illegal in the United Kingdom or are of an "Adult" nature.
4.9 Where the client has undertaken to modify the website direct the client will be wholly responsible for the material added to the website including ensuring that no UK or international laws or copyrights are infringed and all necessary permissions are obtained.
4.10 The client will indemnify Forest Design for any claims made against Forest Design arising from the content of the client's website whether added to the website by the client or by Forest Design.
5.1 Forest Design does not offer any type of credit on any of its range of products or services.
5.2 If the clients account/service is activated before payment is made then payment must be sent in full by return on receipt of Forest Designs invoice.
5.3 If payment is not made in full within 14 days from the date of an invoice all technical support and/or professional services may at the discretion of Forest Design be terminated until payment is received and cleared.
5.4 If payment is not made in full within 30 days of the date of an invoice date the client's account may be deactivated and the website deleted.
5.5 Forest Design reserves the right to charge an administration fee where an account is cancelled and then reactivated.
6.1 A deposit of 50% of the total sum payable including vat is to be paid before work can commence.
6.2 The balance of 50% of the creation fee will be payable 60 days from the commencement of the project, or on acceptance of the completed website by the client, whichever is the sooner.
6.3 The creation fee will be payable in full as in 6.2 above even if further material to complete the project is awaited from the client.
6.3 The hosting and support charges will commence 30 days from the commencement of the project, or on acceptance of the completed website by the client, whichever is the sooner.
6.4 The annual support programme prices include website hosting, unlimited email addresses, and reasonable website content updates by Forest Design.
6.5 Forest Design reserve the right to increase the annual support programme charges on the renewal date to reflect any additional services provided to the client.
6.6 If during the course of a design project additional work should become necessary Forest Design will notify the client of any additional cost involved. Any additional costs may be payable before work can proceed further.
6.7 If the client delays commencement of work for more than 30 days from payment of the deposit Forest Design reserves the right to make a surcharge to cover additional time and price increases since the original quote.
6.8 Forest Design reserves the right to levy extra charges if additional unexpected time is expended on the creation of the site, or loading of the site onto the internet, due to circumstances beyond its control or due to working with material created and/or provided by a third party.
6.9 If Forest Design creates a specific new design and layout of a website for the client, the copyright of that design and layout remains at all times with Forest Design. Should the client wish to transfer the website files that includes the original design to another website design or hosting company, Forest Design will release the Intellectual Property Rights for the website design on payment of a release fee of ?150+vat. Alternatively, there may be a transfer fee of ?95+vat to cover the additional work involved, outside of a support contract, in transferring domains and/or website files.
7.1 Forest Design are required to provide contact details of their clients to the hosting company Fasthosts Internet Ltd and to domain name registration authorities. Both Forest Design and Fasthosts Internet Ltd undertake not to disclose client information to any other third parties other than in 7.2 below.
7.2 Forest Design reserves the right to supply client information as a result of a lawful request by police or government authorities that require the information as part of a legal enquiry.
7.3 The client may be contacted periodically by Forest Design to announce any additions or changes to Forest Design's products and services. The client may also be contacted as part of Forest Design's ongoing support activities. The client has the right to request that these communications cease.
8.1 The client may terminate an initial contract within 14 days of the date of signature and will in that event receive a refund of any deposit paid less a 10% administration fee.
8.2 In the unlikely event that Forest Design become unable to continue supporting the clients website, the client should contact the hosting company, Fasthosts Internet Limited, Discovery Court, 154 Southgate Street, Gloucester, GL1 2EX, England, Phone:01452 541499, Fax:01452 541633, Email: email@example.com and request that the control of the domain name be transferred to the host provider of another website developer.
8.3 These terms and conditions do not affect the statutory rights of the client.