TERMS & CONDITIONS
By placing an order with eSolution4Web, the client confirm that he/she is in agreement with and bound by the terms and conditions below.
Definitions:
The Client: The company or individual requesting the services of eSolution4Web.
eSolution4Web: Providing Hosting and Website Design
General
eSolution4Web will carry out work only for clients who are 18 years of age or above and agreed this Terms & Conditions on eSolution4Web’s website. An ‘order’ is deemed to be a written or verbal contract between eSolution4Web and the client, this includes telephone and email agreements.
HOSTING SERVICES
The Client agrees to use Services according to the following terms and conditions:
1) The client agrees to use the services according to the account selected. In the case of developers or where a single client holds multiple accounts these terms and conditions will be taken as binding to all existing and subsequent accounts once the client has provided acceptance of these terms and conditions.
2) Billing. All Virtual and Share Hosting accounts are to be paid on an annual basis in advance unless stated otherwise. All dedicated server accounts are to be paid on a monthly basis in advance unless stated otherwise in writing. Excess usage charges will be billed and arrears and must be paid by the client.
3) Variation of Agreement. eSolution4Web may from time to time vary the terms, charges and conditions outlined in this agreement. The version of this agreement that is published at www.esolution4web.com should always be taken as the binding and most recent version of these terms and conditions.
4) Term of Agreement. Subject to clause (5) This agreement will continue for a period of 12-months unless otherwise stated. This agreement will automatically be renewed at the end of the initial Term unless terminated in accordance with this Agreement.
5) Termination of agreement. Unless otherwise stated this agreement may be terminated at any time by the client on the giving of 30 days notice. Unless otherwise stated this agreement may be terminated by eSolution4Web if the client uses the misuses the eSoultion4Web services or fails to to comply with the customers obligations under the agreement on the giving of 60 days notice. Please note that in both cases any remaining fees of the 12 months agreement can not be refunded.
6) Compliance with Law. In using the services provided the client must abide by all applicable Local, Federal and International laws, treaties and regulations and any violation of this provision can result in termination immediately or with 30 days notice depending on the severity of the violation at the absolute discretion of eSolution4Web.
7) Limitation of Liability. eSolution4Web does not warrant to the client that the client will receive continual and uninterrupted services during the Term of this agreement. In no event shall eSolution4Web be liable to the Client for damages resulting from or in relation to any failure or delay of eSolution4Web to provide services under this Agreement if such delays or failures are due to circumstances beyond our control. Such a failure or delay shall not constitute a default under this agreement. eSolution4Web, its directors, agents or employees will not be liable in any way for any form of loss or damage of any nature whatsoever suffered, whether arising directly or indirectly, by the Client or any person related to or dealing with the client out of, in connection with or reasonably incidental to the provision of the services by eSolution4Web to the Client.
8) Disclaimer of Warranties. While eSolution4Web uses all reasonable care in providing the Service, eSolution4Web shall not have any liability whatsoever in respect of any loss or damage resulting from the provision of the Service, errors or omission in information provided in relation to the service. eSolution4Webs liability in the event of failure to provide adequate service shall not extend beyond the cost of providing a comparable service.
9) Indemnity. Client agrees to defend, indemnify and hold eSolution4Web harmless from and against any and all claims, losses, liabilities and expenses (including solicitors’ fees) related to or arising out of the Services provided by eSolution4Web to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided here under, or for any content published by Client using the Services, but excluding those directly caused by the negligence of eSolution4Web.
10) Refusal of Service. eSolution4Web retains the right to refuse services to the Client. Refusal of service may result if:
the client fails to pay accounts within 14 days of the due date.
if the agreement is terminated; or
if the client uses the misuses the services or fails to comply with the customers obligations under the agreement.
11) Shared servers. The Client understands the Service is provided on a shared server and acknowledges that its web-site cannot overwhelm the web hosting server through unnecessarily excessive use of CPU (such that other users/machine performance are/is adversely affected). If a client is deemed to be placing excessive usage on the server it will be deemed by eSolution4Web that shared services are no longer appropriate and will need to relocate their account to a dedicated server. 12) Sever Ability. Should any part of this Agreement be or become invalid, that part shall be severed from this Agreement and such invalidity shall not affect the validity of the remaining provisions of the Agreement.
13) Passwords. The Client must ensure their password is only given to people whom they give authority to access their account. ESolution4Web takes no responsibility to damage or loss resulting from unauthorised access to an account where access is gained with a valid username and password. eSolution4Web systems will never request to be notified of the Clients password.
14) Unsolicited Email. The Client must not send Unsolicited bulk email via eSolution4Web mail servers. The Clients site must not be referenced or linked to in Unsolicited email.
Permission to access data. The client is given the authority to access data contained in their account only. With the exception of having read-only access log files, users do not have the authority to access, read or write data to any other location on the eSolution4Web servers.
15) Unpaid Accounts. Accounts may be suspended if they are not paid within 14 days of due date and prior arrangements are not made. All data contained in a suspended account will remain on the system, BUT account holders will not be able to access it, the website will display a notice stating that the account is in arrears. Accounts will be removed from the system and all associated data deleted if the account is not paid within 3 months of due date. Whilst accounts are in arrears, clients will not have access to data stored on eSolution4Web servers. eSolution4Web reserves the right to delete data on cancelled accounts.
16) Unauthorised access. Attempt to use eSolution4Webs servers by the Client to attack other networks/computers will result in cancellation of the account at the discretion of eSolution4Web.
17) Entire Agreement. The Client acknowledges and agrees that this Agreement is the entire Agreement between the parties and excludes all oral or implied representations and terms unless such terms are agreed between the parties in writing.
WEBSITE DESIGN SERVICES
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, eSolution4Web cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of eSolution4Web until all outstanding accounts are paid in full.Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by eSolution4Web remain the copyright of eSolution4Web and may only be commercially reproduced or resold with the permission of eSolution4Web.
eSolution4Web cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
The client agrees to make available as soon as is reasonably possible to eSolution4Web all materials required to complete the site to the agreed standard and within the set deadline.
eSolution4Web will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
eSolution4Web will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
eSolution4Web will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
eSolution4Web will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit of 50% is required with any project before any design work willl be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. If no payments are made, it will result in legal action being taken.
After a website has been designed and completed without any bugs and issues, and it is handed over to the client, if any modifications, amendments and changes are needed, eSolution4Web has the right to charge the client for those services.
DATABASE, APPLICATION & ECOMMERCE DEVELOPMENT
eSolution4Web cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
The client is expected to test fully any application or programming relating to a site developed by eSolution4Web before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, eSolution4Web will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
COMPATIBILITY
ESolution4Web will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer to an acceptable level with Mozilla and Google chrome browsers. endeavour can offer no guarantees of correct function with all browser software.
WEB HOSTING
Whilst clients recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by eSolution4Web cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
eSolution4Web reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
PAYMENT OF ACCOUNTS
A 50% deposit is required from any new client before any work is carried out. It is the eSolution4Web policy that any outstanding accounts for work carried out by eSolution4Web or its affiliates are required to be paid in full, no later than (7) days from the date of the invoice unless by prior arrangement with eSolution4Web.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or eSolution4Web have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
COMPLAINTS PROCEDURE
Procedure
Anyone who experiences a problem with their web service provided by eSolution4Web should raise the matter directly using our online contact form or send an email to support@esolution4web.com to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
eSolution4Web will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.