Terms & Conditions

[1] Definition of Terms

  1. ‘Conditions’- means the standard terms and conditions for the sale and supply of goods and services set out in this document.
  2. ‘Company’ – means the party ‘Cheap as Web’ providing the goods or services under these terms and conditions.
  3. ‘Buyer’ – means ‘You’ the party contracting with The Company to acquire the goods and services supplied under these terms and conditions.
  4. ‘Services’ – means intangible service(s) offered by The Company and specified in the order.
  5. ‘Order’ – means the order for the sale and supply of services entered into between The Company and The Buyer.
  6. ‘Writing’ – includes letter (whether posted or delivered) and/or email.
  7. ‘Force Majeure’ – means any unforeseen events beyond the control of that party which prevents it from performing its obligations under the contract.
  8. ‘Insolvency’ – means The Buyer having insufficient assets to meet all debts, or being unable to pay debts as and when they are due.
  9. Domain Name – the root address of a website, e.g. www.mycompanyname.com. All such names must be registered with the appropriate naming authority, which will usually charge a fee.
  10. Downtime – time when the website is not accessible via the Internet. This may be because of a technical failure of the Host or because work is being carried out on the site.
  11. Host – the company on whose system the Website physically resides.
  12. Link, Hyperlink – a ‘clickable’ link embedded on a web page which may take the form of a graphic or text.
  13. Search Engine – a website which contains a directory of websites on the Internet enabling users to find websites by subject matter classification.
  14. Website – a collection of web pages and associated code which forms an integrated presence.
  15. The Work – the subject matter of the contract between the Client and Cheap as Web.

[2] Quotations

A quotation does not amount to a contractual offer and is only an indication that The Company may be willing to supply at the price quoted. Unless otherwise agreed any quotation provided will be valid for a period of 28 days from date of receipt. The Company reserves the right to alter the quotation after the expiry of 28 days. The fee quoted in the contract will include the cost of one domain registration, hosting set up fee or hosting. No price specified in the quotation or elsewhere includes VAT or other applicable taxes or duties unless specified.

[3] Advanced Payments

A non refundable deposit of 50% of the total fee is to be made payable to The Company by the Buyer immediately upon signing of the contract. The remaining 50% shall become due and made payable to The Company by The Buyer when the work is completed to the reasonable satisfaction of The Buyer. Unless negotiated by both parties in writing under the Terms of The Company this shall be the standard payment procedure for The Company’s Web Design Services.

[4] Payment Terms & Types

  1. Terms of Payment – goods and services are sold on a payment with order basis. The Company does not sell goods or services on credit unless specified in writing.
  2. Payment Types – The following payment types are accepted by The Company:
    • (i) All Major Debit / Credit Cards excluding American Express (Commercial Debit & Credit Cards will incur 2.5% surge)
    • (ii) PayPal (A 4% surge will be applicable on the total amount)
    • (iii) Online Bank Payment: DPI Solutions Ltd (DPI Solutions Ltd T/A Cheap as Web), HSBC Bank, Account Number: 42167328, Sort Code: 40 – 45 – 19
  3. Late Payments and Surcharges: The Company reserves the right to charge a penalty on overdue invoices and an additional administration fee to cover the debt recovery costs.
  4. Credit Card Payments – All credit card payments are taken in good faith. Fraudulent usage of this facility will be immediately reported to the relevant authorities and will be taken to have broken all contract terms. Deliveries to addresses other than the card holder’s invoice address may be declined.

[5] Domain Names

Any domain name obtained will belong to The Buyer. The Buyer agrees to indemnify The Company, 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 Buyer warrants that the domain name sought is not a trademark of a third party.

[6] Search Engines

The Company will submit The Buyer’s website to several major search engines as part of the project quotation. The Company cannot guarantee a high placing in any search engine results. After submission to either a search engine, online directory or any such site, The Company can accept no responsibility or liability if these sites choose not to list The Buyer’s website.

[7] Web Browser Compatibility

The Company will make every effort to design The Buyer’s website so it displays consistently in the most popular current browsers. The Company cannot accept responsibility of the display of a Buyer’s website in new versions of browsers and or anything prior to Internet Explorer 7 released after The Buyer’s website has been launched.

[8] Future Work

The website is provided to and accepted by The Buyer as a fully functioning, completed project. By agreeing for the website to go ‘live’, The Buyer is accepting that they are fully satisfied with the site. Any future structural or design changes to the site may require the issuing of a new quotation.

[9] Compliance with Ecommerce, Accessibility or Other Regulations

The Company designs websites in accordance with The Buyer’s specifications. It is The Buyer’s responsibility to ensure that the website and its content comply with current regulations. The Company does not accept responsibility for any failure to comply with regulations related to accessibility, selling online or regulations related to a specific business or trade. The Company recommend that where compliance related to any website or business is complex it may be necessary for The Buyer to take legal advice from their solicitor.

[10] Lead Times

The Company will aim to complete The Buyer’s website by the date agreed between both parties but cannot be held responsible for delays in content delivery by The Buyer.

[11] Copyright

In situations where The Buyer provides text, images, animations, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. The Company will not be held responsible for any breach of copyright for any materials provided by The Buyer. (i) On any given occasion The Company may have to purchase images under license from stock image suppliers for use on a Buyer’s website. This license only usually allows the purchased images to be used on a website and may not permit them to be used in any publicity material. The Buyer is legally responsible for ensuring that this does not happen. If Buyer wishes to use any image(s) from the site for any other purpose prior written permission of The Company is required in writing.

[12] Intellectual Copyright

The Buyer will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to The Company for inclusion on the website. The conclusion of a contract between The Company and The Buyer shall be regarded as a guarantee by The Buyer to The Company that all such permissions and authorities have been obtained and that the inclusion of such material on the website would not constitute a criminal offence or civil delist. By agreeing to these terms and conditions, The Buyer removes the legal responsibility of The Company and indemnifies the same from any claims or legal actions however related to the content of The Buyer’s site.

  • (i) The Company reserves the right to display a link to The Buyer’s website to our portfolio page.
  • (ii) The Company reserves the right to display ‘designed by Cheap as Web’ on The Buyer’s website.

This statement will form part of a link back to The Company’s own website.

[13] Web Hosting

Accounts are to be used only by The Company and/or an Authorised agent of The Buyer. Some of The Company’s web hosting package(s) is restricted to one domain per hosting account.
a) Prohibited Use – The Company prohibits the use of its servers for:

  • (i) Illegal material, such as commercial audio, video or music files or any other copyrighted works, for which The Buyer and/or an Authorised agent of The Buyer does not have the permission of the copyright holder, or any other material in violation of UK Law.
  • (ii) Adult material, such as pornography, erotic images or otherwise lewd or obscene content.
  • (iii) Racist, defamatory, obscene, indecent or other unlawful material.
  • (iv) ‘Warez’, such as pirated software, ROMS, emulators, instructions or software for hacking, password cracking or IP spoofing etc.
  • (v) Sites engaging in or promoting pyramid sales, Multi Level Marketing or similar activities.
  • (vi) Engaging in illegal activities.

The Buyer and/or an Authorised agent of The Buyer will not post (nor allow to be posted) web or WAP pages containing such material or links to such material, nor shall they store such material in their server space, nor shall they transmit such material by email or any other means.
The Company reserve the right to determine whether any material or use is prohibited. The Company reserve the right to remove any such material without warning and suspend or terminate accounts without refund or notice.
(b) Spam (unsolicited email) – The Company prohibits spam (the sending of unsolicited bulk email). The Company will terminate any account, without refund, for which the The Buyer and/or an Authorised agent of The Buyer has sent unsolicited bulk emails.
(c) Upgrading Web Hosting Accounts – At any time, The Buyer and/or an Authorised agent of The Buyer may upgrade their web hosting accounts by purchasing additional facilities. The Buyer and/or an Authorised agent of The Buyer can choose to have the upgrade take effect immediately or to have it take effect from the renewal date. If from the renewal date, then the renewal invoice will be adjusted to include the upgraded features. If immediate, then The Buyer and/or an Authorised agent of The Buyer will be invoiced for the upgrades as for a new account, and payment will be due immediately. (i) Upgrades made part way through the term of the hosting account will be charged at the full rate as if they were ordered as part of the original hosting account. An upgrade made part way through the term of a hosting account will be valid only until the renewal of the hosting account.
(d) Data Transfer (Bandwidth) and System Resources – All web hosting accounts should remain within the agreed data transfer (bandwidth) allowance for the account. The Company accept that there are times when sites may unexpectedly exceed data transfer allowance for short period of time. The Company will not impose any penalty for such breaches of data transfer allowance providing that these breaches are small, are not frequent, and are not sustained. The Company reserve the right to determine what constitutes small, sustained or frequent breaches of data transfer allowance.

  • (i) Many domains have to share the various resources (processors, memory, etc) available on the servers. The Company believe that no single domain should use excessive amounts of resources, as this may jeopardise server performance for the other domains.
  • (ii) In the event that an account is deemed to be using excessive data transfer (bandwidth) or resources, The Company may suggest action to reduce bandwidth or resource use, or suggest moving the website to its own dedicated server.
  • (iii) The Buyer and/or an Authorised agent of The Buyer may also be subject to additional costs due to excessive data transfer or resource use. These costs will be agreed between The Company and the The Buyer and/or an Authorised agent of The Buyer.

(e) Cancellation – All web hosting accounts are for a period of one calendar year from the date of ordering or renewal. Fees are charged on an annual pre-pay basis and are non-refundable.

  • (i) The Buyer and/or an Authorised agent of The Buyer may terminate their accounts simply by not using them or by not renewing them. Failure to use or renew an account is deemed to be a termination of The Buyer and/or an Authorised agent of The Buyer’s choice. No refund will be given where The Buyer and/or an Authorised agent of The Buyer terminate or cease to use their account prior to the end of the term of the hosting account.
  • (ii) In the event that The Company finds an account is in breach of the prohibited uses, then that account may be terminated without notice. No refund for the remainder of the year will be given.
  • (iii) In the event that an account exceeds data transfer or resource allowances and an agreement cannot be reached between The Company and The Buyer and/or an Authorised agent of The Buyer, then The Company may terminate the account. In this case, The Company may provide a refund for the remaining unused part of the year, subject to an administration fee of £15+vat.
  • (iv) In the event that The Company is to refund full or partial payments, refunds will be made by the same means in which the original order was placed.

The Buyer and/or an Authorised agent of The Buyer who paid by credit or debit card will be refunded directly to their credit or debit cards. The Buyer and/or an Authorised agent of The Buyer who paid by cheque will be refunded by cheque. All refunds will be made within 30 days of agreement to make a refund.

[14] Exclusion of Liability

To the maximum extent permitted by law The Company excludes liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitor’s or user’s access to, or use of the website, or any material thereon, whether based in contract, tort or whether negligent or otherwise, even if The Company has been advised of the possibility of such damage.

[15] Third Parties

The Company can take no responsibility for services provided by third parties through us or otherwise, including the hosting of The Buyer’s website, although The Company will endeavour to ensure that website downtime is kept to a minimum.

[16] Consequential Loss

The Company under no circumstances will be responsible or liable for financial or other loss caused by the failure or use or misuse of its software. The Company cannot be responsible for issues caused by malicious software, spyware, viruses, website hacking or any illegal actions by either The Buyer or by others once the website has been launched.

[17] Insolvency

Without prejudice to other remedies, if The Buyer becomes insolvent, The Company shall have the right not to proceed further with the contract or any other work for The Buyer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for The Buyer, such charge to be an immediate debt due to him. Any unpaid invoices shall become immediately due for payment.

[18] Force Majeure

The Company will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of The Company.

[19] Cancellations

Should The Buyer wish to cancel a project at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.

[20] Our right to Terminate

The Company reserves the right to refuse or break a contract without prior notice, if it is believed that The Buyer, their Website, or any material is illegal, immoral or otherwise unacceptable.

[21] Data Protection

By placing an order with The Company, The Buyer consents to its details being passed on to PDC (programme delivery control) for accounting and marketing purposes. The details will be kept by PDC even after The Buyer’s trading relationship with The Company has terminated. The Company may use The Buyer’s personal data to inform The Buyer’s know about goods and services similar to the goods or services provided previously and any others matters that The Company thinks may be of interest to The Buyer.

[22] Consumers

Nothing in these Terms shall affect the rights of Consumers.

[22] Interpretation Law

  1. Variation to Terms and Conditions – These Terms and Conditions may be amended from time to time.
  2. Law – These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England.