Terms and Conditions of Sale and use of website
1. These terms and conditions set out the contract between Wigwam Consultancies, West Altercannoch, Barrhill KA26 0QT (hereinafter known as the 'the supplier') and the person, company or other legal entity (hereinafter known as 'the client') who places an order for one or more services supplied by the supplier. The client signifies acceptance of these terms and conditions by placing an order with the supplier.
2. Where the service supplied includes domain name registration or web-hosting services, these services are subject to the terms and conditions as set out by 123-reg Ltd or Webfusion Ltd . 123-reg and Webfusions are accredited sub-contractors of the supplier and the client agrees to accept the sub-contractor’s terms and conditions as part of the main terms of this contract.
3. Where the service supplied by the supplier includes web design services the copyright for the design layout and programming code used in the production of the web site remains with the supplier. The accuracy and validity of the information relating to the business of the client that is displayed on the site is the sole responsibility of the client. The client indemnifies the supplier against all damages, losses, costs and expenses by reason of and/or on account of the following:
a) Any libel or any infringement of copyright due to text copy and/or computer graphics and/or photographs supplied by the client to the supplier in physical form or by way of authorisation from the client to reproduce any html code and/or copy and/or computer graphics and/or photographs by electronic or other reproduction methods from a web site owned or leased by the client.
b) Any infringement of the Trade Descriptions Act 1968 and 1972, the Consumer Protection Act 1987 or any other applicable legislation or regulation.
c) Any infringement of the rules of any authority, organisation, company, or individual regarding ratings or approvals in relation to any information supplied by the client to the supplier.
4. In the event that the supplier is found liable to pay fines, damage, costs or expenses due to any cause stated in sections 3a, 3b, and 3c, the client will be liable to pay the same to the supplier. The content of the web site will be removed from the server.
5. The supplier will endeavour to ensure that the servers are operating constantly, and the supplier will not be liable for any loss of availability of the site for reasons of power failure, act of God, technical fault or any other reason.
6. Where the service supplied includes URL submission services, the supplier will submit the Universal Resource Locator (URL) of the client’s web site, including any URLs within the site domain to as many search engines as are listed in the Dynamic Site Submission software at the time of submission. The supplier will endeavour to maximise the rankings for the client’s site within the search engines identified above. The supplier will not be liable for any low ranking within, or failure to index to, or any permanent or temporary removal from any search engine for any reason whatsoever. The supplier does not accept any liability for the number of visitors to the client’s web site.
7. Where the service includes web site maintenance, this is understood as being inclusive of any text or graphic image content changes only. It does not include any layout or design changes. All text and graphic images are to be supplied by the client in a format that is mutually suitable. Web site maintenance also includes one URL submission process per year.
8. The contract may be terminated at any time and for any reason by the supplier or the client. If the client, prior to completion of works ordered, terminates the contract, the client will forfeit any fees paid to the supplier. If the client has paid in full prior to commencement of work, the supplier will make a refund to the client after deducting fees for work carried out prior to the termination. If the client fails to pay any fees due to the supplier when they fall due, the contract is deemed to have been terminated by the client. The contract may be terminated at any time and for any reason by the supplier or the client.