Terms & Conditons

These are Terms & Conditions for our Services; Web Design, SEO (Search Engine Optimisation), Social Media Marketing, and Maintenance. Please read this carefully, these terms must be read and understood prior to signing any contracts.

A ‘Project’ is any work undertaken or service provided by Cloud Web Complete for the Client on their request and as described in our confirmation order email to that Client.

A ‘Client’ is a person, persons, business, or organization using any of the services provided by Cloud Web Complete.

‘The Supplier’ is Cloud Web Complete or one of its appointed agents.

‘Domain’ is the website address as specified by the Client.

‘Live Mode’ and ‘Live’ means the date the website is available on the Client’s chosen domain.

‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).

‘Hosting’ is a yearly cost to keep a client’s website activated online.

‘Content’ is; text, graphics, images, etc. that the Client requires on the website.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Client Representations and Warranties.

Client agrees, represents, and warrants to Cloud Web Complete, both during and after the term of this Agreement that:

The Service is for the sole use within the Client’s own organization and by Client’s own employees, representatives, or agents.

The Service may not be shared with affiliates or any third party, including joint marketing arrangements.

Client shall not use the Service in any way that (i) infringes on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance, or regulation, or (iii) is defamatory, libelous, unlawfully threatening or unlawfully harassing.

Domain Name

The Domain name will be registered in the name of the Client. The cost of the domain name will be included within the price of the monthly plan as long as the contract is renewed. If the client wishes not to renew then it becomes the responsibility of the client to make sure that the domain is renewed.

Top Level Domains shall be limited to the following suffix: .com, .net, .info .biz, .org.

Hosting

Under the contract, the client’s site will be hosted on the supplier’s servers.

Limits on resources will be set through the client’s chosen monthly plan or any addons. There will be charges on any excess requirements to these resources.

In the event that the client does not renew their plan, it is the client’s responsibility to make sure that they make arrangements for third-party hosting.

General

The contract between the Supplier and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

The works to be carried out shall be as set out in the Suppliers’ confirmation order email or within a supplied Proposal.

An email will be the method of contact with regard to all communication for the website design & development. It is the Client’s responsibility to inform us of any change in email address so we always have up-to-date email contact details. The Supplier can not be held liable in any way relating to communication issues if we are not supplied a valid email address. the Supplier will acknowledge all emails within 2 working days.

The Supplier will only commence work on a Project after receipt of a non-refundable first monthly payment.

The within reason design revisions offered by the Supplier end when the website goes live. Design changes beyond this point are subject to additional charges unless they fall within the scope of maintenance.

The Supplier shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally in all aspects. It is important that the website is not in any way illegal.

It is important for the Client to keep in contact with the Supplier throughout the entire Project. If a Client does not make contact for 3 weeks we will make up to 5 attempts to contact the client by email using the email address specified when the client placed their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the 1st monthly payment will not be refunded. We will levy a $200.00 admin charge if the client later returns and wishes to continue work on the project.

Where images used on the website have been purchased by the Supplier on behalf of the Client, these images are strictly for use on the website only. The Supplier is not liable for misuse of these images by the Client or any other person’s copying, altering, or distributing the images to individuals or other organizations.

The Supplier cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed as a result of a service offered by the Supplier.

The Supplier will provide the Client with an expected completion date for the Project (live on the internet) if requested. The Supplier will endeavor to meet any given deadline, but does not guarantee and is not bound in any way to complete the Project by this date. The expected completion date provided by any employee or agent of the Supplier is purely an estimate.

It is the Client’s responsibility to check with the Supplier whether Open Source Software is being used or not.

The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by the Supplier or the Client.

The Supplier owns all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software or theme/template files have been used, in which case those designs and code belong to their respective owners. Images will have been purchased by the Supplier for the Client unless the images have been supplied by the Client. Images purchased by the Supplier are licensed only for use on the client’s website, they cannot subsequently be used for any other purpose by the client or an agent appointed by the client.

All images supplied and thereafter displayed on the Client’s website will only be used after authorization by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Cloud Web Complete, they will be the sole responsibility of the Client.

The Supplier has no control of, or responsibility for, the content of a Clients website. In no way does the textual or image-based Content of our Client’s websites constitute the Supplier’s endorsement, or approval of the website or the material contained within the website.

The Supplier has not verified any of the materials, images, or information contained within our Client’s websites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. The Supplier provides links or references to our Client’s website solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.

The Supplier shall place a small text link on the footer of a Client’s website that simply states the website was designed by the Supplier and links to the Supplier company website unless otherwise agreed in additional terms and conditions agreed by both parties. Due to the addition of this text and links the Client is provided with a discount to the quoted price of the Client’s website at a value of $150.00 if the cost of the website development is below $1000.00, or 15% of the total if the price of the website is above $1000.00. If the client wishes to remove this the discount will not be made and the discount amount will be payable.

The Client agrees that the website developed for the Client may be presented in Cloud Web Complete’s portfolio, and hereby grants Cloud Web Complete a worldwide, perpetual, non-exclusive license to use its name, logo, and branding for advertising, marketing, and promotional activities.

The Supplier is not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website after completion of the Project. The Client is solely responsible for any information or files relating to its website.

The Supplier shall not be required to use any content which in its opinion is or may be of an illegal nature or infringement of the proprietary or other rights of any third party. The Supplier shall be indemnified by the customer in respect of any claims, costs, and expenses arising out of any libelous nature or any infringement of copyright, patent, design of, or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim

The Supplier reserves the right to refuse to construct a website that we may judge as unfit due to content or otherwise. This includes, but is not limited to, sites containing adult-oriented material such as pornography, sites that promote hatred towards persons belonging to any ethnic group, religion, etc.

Web Browsers – Cloud Web Complete makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that Cloud Web Complete cannot guarantee correct functionality with all browser software across different operating systems.

Cloud Web Complete cannot accept responsibility for web pages which do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, Cloud Web Complete reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

SEO – Search Engine Optimisation.

SEO Definitions

“SEO services” refers to all the actions or services provided by the supplier as detailed in the SEO Specifications Form.

Terms including “social media exposure”, “writing product descriptions”, “press release submission”, “manually create Meta tags”, “XML sitemap creation”, “Google Shopping optimization”, “Google Places optimization”, all refer to SEO service options which may or may not be included in your SEO services package.

“Best practice” refers to the generally accepted informally-standardized, best techniques, methods, or processes that have proven to be effective at achieving a given task.

“Local” refers to town/city level geographical locations.

Any additional SEO services you add to your existing SEO services or make amendments to existing keyphrases at a later date will incur an additional charge.

In the unlikely event that you choose to end your contract with the supplier, it is solely your responsibility to remove any access you have granted the supplier to, for example, your FTP details, your back office, Google accounts or services, or any other accounts set up on your behalf by the supplier.

The Supplier will always recommend keywords or keyphrases that have the potential to bring you the quickest return on your investment. If you pick keywords or keyphrases that we do not recommend, the Supplier cannot guarantee any timescales or increase in traffic as a result.

Any SEO work you perform without the Supplier’s recommendations, including link building, changes to your website, or anything else that negatively affects your rankings or your conversions will not be deemed the responsibility of the Supplier.

Any failure on the Client’s part to stay in regular contact with the Supplier regarding changes to the Client’s website including confirmation and approval of keywords or keyphrases or content etc. that affects your SEO services negatively is not the responsibility of the supplier.

All SEO is supplied at the Local Level, no work will be carried out to rank the website for a larger geographical area.

The Supplier will not be held responsible for any illegal activities your website is involved in or promotes, e.g. selling counterfeit goods.

Any external influences that affect your site negatively will not be held as the responsibility of the Supplier.

Unless otherwise agreed; when the Client is responsible for inputting and creating their own content such as blog posts, these changes will not be covered under the SEO terms.

Content created on the Client’s behalf by the Supplier, once you have approved it, is no longer the responsibility of the Supplier. You accept full responsibility for its accuracy, maintenance, and its legality.

Search engines change their algorithms regularly, which can result in fluctuations in your search ranking positions. the supplier will not be held responsible for these fluctuations or if an algorithm change results in dramatic changes to your website rankings.

There is no guarantee in SEO. We will endeavor to get your site listed on the first page of Google Search Engine Results Pages.

Maintenance

Maintenance Definitions

‘Maintenance’ is any work carried out by the Supplier under the terms of the Contract after the Project is in Live Mode.

‘Hour(s)’ is the time specified as the maximum amount of hours that will be spent completing the maintenance requests made by the Client. As Standard, this is 1-hour per month.

Unless agreed in writing beforehand all sites are excluded from maintenance unless under a Maintenance Contract.

Any work carried out under the Contract will only be done in accordance with the terms of the Maintenance Contract.

Under a Maintenance Contract, the Client’s website will be checked each month for functionality and to ensure all links (internal and external) are operating correctly.

Maintenance changes to the website shall be carried out by the Supplier in accordance with the details provided by the Client.

The Client shall make the details of the maintenance changes known to the Supplier in writing – by means of email albeit some discussion may take place over the phone.

The Supplier shall deal and communicate with one single point from the Client’s organization who has the authority to make maintenance requests.

The Client shall supply the text (“copy”), images, articles, or other content that he wishes to use in any updates to the website. Copy can be provided by the Supplier’s copywriter but this will be at an additional cost. Costs of supplying changes (such as if the customer wants to deliver images via a DVD by post) will be borne by the client.

The “hour(s)” as referred to above shall not be carried over to subsequent months if the client has not made use of this time by means of request for maintenance.

If the time taken by the Supplier is more than the hour(s) specified in the maintenance contract, further maintenance work will continue at a 50% discount of the normal hourly rate charged by the Supplier.

The Supplier shall use Premium Plugins where needed and bear the cost of these plugins within the term of the contract. In the event, the client does not renew their contract the cost and maintenance of these premium plugins become the responsibility of the client.

Payment

All payments will be carried out through the supplier’s chosen payment gateway.  The first payment shall be payable prior to work starting, then on the same date once a month after that for the length of the contract – an alternative date will be chosen if the scheduled date falls on a weekend or public holiday.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, an act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Governing Law

The laws of the United States of America (USA) govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the USA courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied, or supplemented except in writing and signed by duly authorized representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis. These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.