1 Definitions

"Agreement"
The Terms & Conditions described in this document.

"Bill"
A written request from Wyvern Web Designs to the customer for payment.

"Customer"
The person or organisation requesting services from Wyvern Web Designs.

"Domain Name"
Any domain name, registered, ordered, transfered, maintained or ammended by Wyvern Web Designs on behalf of the customer.

"Downtime"
Any service interuption in the availability of the web-site to visitors.

"Fees"
Any charges made by Wyvern Web Designs to the customer for services provided or as a surcharge for late payment.

"Hosting"
Providing web space for the implementation of a web-site, includes administration functions.

"Order"
The customer has agreed for WWD to carry out work or services either for payment or for free and has signed a written order to that effect.

"Server"
Computer server equipment remotely located which stores web-site files and allows connection with the internet, run or operated by WWD or any other 3rd party.

"Services"
All services provided by Wyvern Web Designs including web-site design, web-page design, graphics design, logo design, textual composition, domain name registration, web-hosting, technical and professional advice, application tuition and e-mail related activities.

"Spam"
Sending of unsolicited or bulk e-mails.

"Virus"
Any computer file or program that copies itself or is copied to, transfered to another computer, computer device, storage device, with the capability of altering, corrupting and destroying data, causing annoyance to other users by affecting the operation of computers or devices by limiting, reducing operation, adding extra operation or content, by recording operation or content, or causing disruption or denial of service.

"Visitor"
A 3rd party who has accessed the web-site via the internet.

"Web-site"
This refers to the customer's web-site.

"Wyvern Web Designs"
The company who the customer undertakes a contractual agreement upon placing an order. Wyvern Web Designs shall be abreviated to WWD in this document for simplicity.

1.1 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all gender.

1.2 The headings of the paragraphs are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this agreement.

2 Introduction

2.1 You indicate acceptance of these terms & conditions by placing an order with WWD.

2.2 This agreement will commence from the moment an order is placed until such time as service is terminated in accordance with these terms.

2.3 WWD provides web-site design services, web-hosting services and carries out these services in accordance with this agreement.

2.4 The customer wishes WWD to provide these services and may provide data to include with these services in accordance with this agreement.

2.5 Services provided by WWD will be in aggreement with the customer and this agreement and recorded in writing.

3 Quotation

3.1 Quotations for services shall apply to a fixed period of 30 days from the date of printing. WWD reserves the right to withdraw or ammend the quotation after this period has expired.

4 Delivery

4.1 Services shall be deemed delivered from the time they can be accessed publicly via the internet. Services in construction or experimentation shall not be deemed delivered if they are not publicly accessible via the internet.

5 Retention of title

5.1 All services, including all intellectual rights, web hosting, web-site design, web-page design, graphical and textual content, trademarks, software, programs, applications and domain names shall remain the property of WWD until payment is received in full.

6 Copyright

6.1 All design work carried out by WWD for the customer shall remain copyright with WWD until such time as the customer has paid for the services in full. At which time the copyright will transfer to the customer.

6.2 WWD cannot be held responsible or liable for any copyright infrigements by any 3rd parties.

7 Payment

7.1 All prices published, printed or displayed are excluding VAT at 17.5%.

7.2 All prices published, printed or displayed are correct at time of publishing, WWD reserves the right to ammend any price at any time without prior notice.

7.3 All prices published, or displayed on the WWD web-site are as a guide only, WWD reserves the right to ammend any price,at any time for any service at the discretion of WWD.

7.4 The method of payment will be as agreed and confirmed in writing by WWD.

7.5 Payment methods available subject to negotiation may include cheque, standing order, online direct transfer, debit or credit card payment using PayPal and Nochex, or cash.

7.6 Currency accepted will only be £ Sterling.

8 Credit Terms

8.1 Credit terms will be as agreed with the customer on an individual basis.

8.2 WWD reserves the right to refuse credit terms to anyone without reason or explanation.

8.3 All credit terms will be 30 days payment from the date of the invoice.

8.4 WWD reserves the right to charge a fee of 5% for the balance of any bill not paid within the credit term period.

8.5 Credit terms will only be available for single transaction payments, not staged payment transactions.

8.6 Staged payment transactions including monthly or quarterly payments will be by agreed methods. WWD reserves the right to charge a fee of 5% for the outstanding balance for any payment not received on or by the appointed payment date.

9 Cancellation

9.1 WWD resrves the right to cancel services, suspend services, disable services or disconnect services provided to the customer for any non-payment of bills.

9.2 WWD reserves the right to allow a 7 day grace period after the payment due date before any services are denied. This facility is at the discretion of WWD.

9.3 WWD reserves the right to deny services until payments resume.

9.4 Payments not received within 30 days of a payment due date may result in all services being permanently denied and all data, design work and web-site content deleted from the systems with no refund of any payments previously made.

9.5 WWD reserves the right to deny services for any payments which subsequently are not honoured including bounced cheques and credit or debit card chargebacks.

9.6 Any fraudulent payment methods will result in the instant denial of all services and may result in the customer being reported to the relevant authorities.

9.7 WWD reserves the right to deny services where the conditions of acceptable use has not been complied with.

9.8 Any non-compliance of this agreement will result in the customer being notified and any failure to remedy the non-compliance may result in denial of service.

9.9 WWD reserves the right to destroy or retain for further use any designs or work carried out, after the cancellation of a contract. Any work submitted by the customer will be returned.

10 Refunds

10.1 There is a cooling off period which gives the customer the right to request a refund for up to 30 days from the start of a new contract, with the following conditions ;

10.1.1 Credit or debit card refunds will only be issued to same card.

10.1.2 Services excluded from this cooling off period include domain name registration, web-site design, web-page design, web-site upgrade or update, graphical or textual design.

10.1.3 Refunds for web-hosting will be pro-rata to whole months remaining in the renewal term.

10.1.4 WWD reserves the right to refund fees for excluded services at the discretion of WWD.

10.1.5 WWD reserves the right to refund fees within a 30 day period from the date of the refund request.

11 Warranties

11.1 The WWD web-site and all content, all products and services of WWD, including 3rd party products and services and software, are provided "as is" without any representation or endorsements made and without warranty of any kind whether express or implied including the implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, accuracy, security, non-infringement, functionality, reliability, uninterupted, error-free or free from viruses.

11.2 WWD can not guarantee an uninterupted internet service or server downtime due to unforseen circumstances.

11.3 WWD reserves the right to interupt services for the purposes of maintenance and upgrade of equipment, software or files.

11.4 WWD will make reasonable effort to notify customers of any known interuption of services where possible.

12 Indemnity

12.1 The customer agrees to indemnify and hold WWD and its employees or agents harmless from and against all liabilities, legal fees, costs, damages, losses and all other expenses in relation to any claims or actions brought against WWD arrising out of any breach by the customer of the terms of this agreement or any other liabilities arising out of or relating to the web-site.

13 Limitation of liability

13.1 Nothing in this agreement shall exclude or limit WWDs liability for death or personal injury resulting from WWDs negligence or its employees.

13.2 The entire liability of WWD to the customer in respect of any claim or breach of this agreement for whatever reason shall be limited to the fees paid for the services under which the breach has arisen.

13.3 WWD will not be liable in any event to the customer for any loss of business, loss of profit, loss of opportunity, loss of credibility or any other indirect or consequential loss or damage whatsoever. This will apply even where such a loss was reasonably foreseeable or WWD had been made aware of the possibility of the customer incurring such a loss.

14 Termination

14.1 Either party may terminate this agreement by notice in writing to the other if ;

14.1.1 The other party commits a material breach of this agreement and if the breach is capable of being remedied, fails to remedy it within a reasonable time of being given notice to do so.

14.1.2 The other party commits a material breach which cannot or will not be remedied.

14.1.3 The other party ceases to carry on its business, is declared insolvent, makes arrangements with creditors, if a liquidator, receiver, administrative receiver, manager or trustee is appointed, is wound up, is made bankrupt or is unable to pay debts.

14.2 Upon termination all personal information, web-site content and account records and information will be destroyed except the account information that is required to be stored in keeping with normal account book-keeping procedures, and that required by Inland Revenue and other authorities.

14.3 Upon termination, domain names owned by the customer must be transfered from the systems of WWD, WWD reserves the right to charge a fee for this service.

14.4 Domain names not fully owned by the customer will be retained by WWD, WWD reserves the right to retain, transfer, sell or dispose of by any means these domain names.

15 Force Majeure

15.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control including ;

15.1.1 Acts of God, flooding, bad weather, lightning.

15.1.2 Industrial action, strikes, lock outs, civil disturbance.

15.1.3 Outbreak of war, hostilities, civil war, rioting, acts of terrorism, sabotage, malicious damage, destruction, theft, fire, explosions, act or omission of government or foreign power.

15.1.4 Power failure, telecommunication failure, Internet service provider and associated equipment, 3rd party equipment suppliers or manufacturers, machinery, plant and vehicles, and highway authorities.

16 Notices

16.1 Any notice to be given to either party shall be in writing by ;

16.1.1 Fax

16.1.2 E-mail

16.1.3 Recorded postal delivery or delivered personally.

16.2 The fax number, e-mail address or postal address shall be as such party may have from time to time communicated to the other.

16.3 Notice shall be deemed to have been delivered if ;

16.3.1 by fax, on receipt of an error-free transmission report.

16.3.2 by e-mail,unless the contrary is proved by the receipt of a non-delivery report.

16.3.3 by post, 2 postal days after the day of posting or receipt of delivery obtained from the postal agent.

17 Acceptable use

17.1 The customer's web-site and services provided may not be used for unlawful purposes, and the customer may not use the web-site to publish, submit or display any content that breaches any law, regulation, statute or International convention.
The customer agrees ;

17.1.1 The web-site or services may not be used in any way to send, forward or redirect unsolicited e-mail or Spam.

17.1.2 The web-site or services may not be used to send e-mails or other electronic messages with the intention or result of affecting the performance of any computer system.

17.1.3 Not to publish, post, display or allow downloading any content containing any obscene, indecent, pornographic, adult material or any reference or link leading to any obscene, indecent, pornographic or adult material, lawful or unlawful.

17.1.4 WWD reserves the right to determine what is considered obscene or indecent and to make any decisions at the discretion of WWD.

17.1.5 Not to encourage or incite acts of violence, racial discrimination, prostitution or political unrest.

17.1.6 Not to publish, post, display or allow downloading of any illegal material including copyrighted works, commercial audio or video files, where the customer does not own these copyrights.

17.1.7 Not to publish, use, encourage, provide links to or provide instruction on usage of warez material including pirated software, emulators, roms, phreaking, hacking, phishing, password hacking, IP spoofing and encryption.

17.1.8 Not to threaten, disrupt or violate the rights or services of others.

17.1.9 Not to upload, make available or encourage the distribution or uploading of files containing any virus, worm, trojan, corrupt data or file designed to cause disruption to any service, any web-site, the internet or WWDs server.

17.1.10 Not to gain or attempt to gain unauthorised access to any file, directory, domain or sub-domain residing on the WWD server by any means whatsoever.

17.1.11 Not to divulge confidential information including passwords, user names, private files, directories, domains and sub-domains to unauthorised persons or organisations.

17.1.12 Not to monopolise the resources available to a server or jeopardize the server performance and resources for other users by excessive usage.

17.1.13 Not to use the WWD server as a file storage or data back-up storage unless files are directly connected to the web-site or application running on the web-site.

17.1.14 Not to commit any act or action that will bring the name and reputation of WWD or its employees or agents into disrepute.

17.1.15 Not to lend, sell, hire, lease or transfer any file, program, software, design, graphical or textual content, domain name, or service to any 3rd party without written permission from WWD.

17.2 WWD reserves the right to terminate services of any user not complying with the conditions of acceptable use.

17.3 WWD reserves the right to report offending users to the appropriate authorities.

17.4 WWD reserves the right to retain web-site content as evidence of unlawful practices or encouraging unlawful practices, and provide evidence to the appropriate authorities if requested to do so by them.

18 Alterations & Updates.

18.1 WWD reserves the right to charge a fee for updating or making any alterations to service or services provided by WWD after delivery.

18.2 All additional work, updates or alterations will be charged for at an hourly rate, or fixed fee or agreed fee subject to acceptance and written comfirmation from the customer.

19 Data Transfer

19.1 A customer will be notified when the web-site exceeds its monthly bandwidth allowance. Continued exceeding of monthly bandwidth may incur an extra fee.

19.2 WWD reserves the right to charge a fee for extra bandwidth at the discretion of WWD.

20 Web Space Usage

20.1 A customer will be notified when the web-space occupied by the web-site exceeds the allocated amount.

20.2 WWD reserves the right to charge an extra fee for extra web-space at the discretion of WWD.

21 Software Licences

21.1 The customer must comply with the licence conditions applying to any software, 3rd party or otherwise, installed or running on or from the web-site.

21.2 WWD is not responsible for any failures not to comply with any software licences.

21.3 The customer will not sell, lease, copy, licence or sub-licence, alter, change or modify, use part of, any software, 3rd party or otherwise installed or running on or from the web-site.

22 Data Back-Up and Services

22.1 Service and services supplied to the customer by WWD are provided by means of computer, electronic equipment and telecommunication systems. WWD makes no warranty that the services will be error free or uninterupted and WWD will not be liable for any interuptions of service or downtime of any server, electronic equipment or telecommunication system.

22.2 WWD do not make data back-ups of any web-site or web-service running on WWDs servers.

22.3 WWD does not accept any liability for any loss of data due to any interuption, disconnection of services or any other means whatsoever.

22.4 It is the responsibility of the customer to ensure all data is backed up.

22.5 WWD does keep a copy of the original design and layout of the web-site, including any additional work carried out by WWD. It does not keep a copy of any web-site content that has been included directly by the customer or the customer's clients or other 3rd parties.

22.6 WWD reserves the right to charge for making back-up copies of web-site content included directly by the customer or any 3rd party as described in 22.5. at the discretion of WWD.

23 Domain Name Registration

23.1 The domain name registration is not deemed succesful until the name appears in the whois database of the appropriate domain name registrar.

23.2 WWD is not liable for the terms and conditions set down by the domain name registrar.

23.3 Ownership of the domain name is not deemed legal until payment in full is received.

23.4 WWD reserves the right to retain, transfer or dispose of any domain name registered on behalf of a customer which has not been paid for.

23.5 WWD cannot be held responsible or liable if a domain name is unavailable when an attempt is made to register it.

23.6 Domain names registered cannot be refunded under any circumstances.

23.7 WWD reserves the right to charge a fee for transfering a domain at the discretion of WWD.

23.8 WWD cannot be held responsible or liable for a domain name registered on behalf of the customer that is subsequently refused, denied, challenged, confiscated or cancelled by 3rd parties, domain name registrars or the relevant authorites.

24 Privacy Policy

24.1 The customer has read and understood the privacy policy statement on the WWD web-site and agrees to the terms described in the policy.

25 Updating Terms & Conditions

25.1 WWD reserves the right to update, change or ammend the Terms & Conditions at any time without prior notice.

25.2 Any changes to this document will be recorded at the end of the document and dated.