Terms & Conditions
The following terms and conditions apply to all website development / design and hosting services provided by FTC Services to the Client.
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.
Web Browsers
FTC Services 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, Internet Explorer 10 & 11, Google Chrome, etc.). The client accepts that FTC Services cannot guarantee correct functionality with all browser software across different operating systems. If your website fails to function properly when a new browser version is released we will update the website code to resolve any issues on your request. Any update work will be charged at £20 per hour.
Payment
Website design and bespoke project design will normally require a £100 deposit upfront and the balance on completion but FTC Services do reserve the right to issue invoices for work carried out to date on any project or design at any time and may in some cases require a payment on account in advance of any further work on the project.
The monthly hosting fee is payable from the date the website goes live. These payments will be collected automatically through direct debit or you have the option to pay annually by bank transfer or cheque. If a client cancels a direct debit mandate, they may request a new mandate to be set up which will incurr a processing charge of £10.
Invoices are normally sent via email. Invoices issued are due within 7 days of the invoice issue date.
Accounts unpaid seven (7) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on FTC Services Web space, FTCServices will, at its discretion, remove all such material from its web space. FTC Services is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay FTC Services reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by FTC Services in enforcing these Terms and Conditions.
No refunds will be payable on any payments we have received from the client unless agreed by FTC Services
Termination
Your hosting service will continue for a minimum of 12 months from the date of your first hosting payment.
Termination of services by the Client must be requested in a written notice, e-mail or telephone and will be effective on receipt of such notice. The Client will be invoiced for design work completed to the date of notice of cancellation.
If a client makes DNS changes to a domain name by pointing the domain ‘nameserver’ or ‘A Record’ to point to a server FTC do not control, the client account will automatically be terminated.
If using our hosting package, you will need to be authorised by the Financial Conduct Authority to provide the services your website is promoting. We will check the FCA register to confirm this. If a client loses authorisation and the FCA Register confirms this, we will take the website down with immediate effect.
Virus/Malware/Hack
Our servers are constantly monitored and regularly upgraded with latest patches and updates, however, if your site becomes infected with a virus, or malware, we will investigate the restore a backup to get your website up and running again.
Indemnity
All our services may be used for lawful purposes only. You agree to indemnify and hold FTC Services harmless from any claims resulting from your use of our service that damages you or any other party.
Copyright
The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting FTC Services permission and rights for use of the same and agrees to indemnify and hold harmless FTC Services from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
Post-Placement Alterations
FTC Services cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
Domain Names
Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of FTC Services. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of an advance fee/deposit constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
Governing Law
This Agreement shall be governed by English Law.
Liability
FTC Services hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
- Loss or damage (including loss of revenue/income) to a clients business caused by the website and or email hosting facilities not being available for any reason.
- Loss or damage (including loss of revenue/income) to a clients business caused by server breakdown resulting in loss of data, information or files for any reason.
The entire liability of FTC Services to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,