This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the terms stated below. By making the first payment (Web) you agree to the terms laid out under our Terms and Conditions for whatever service applies to you (Web, Hosting).
Office Hours are 9am – 5.00pm, Monday to Thursday and 9am – 3pm Friday. Telephone calls received out of hours will be diverted to our answering machine and dealt with on the next working day. Where staff mobile telephone numbers are provided, we ask that you exercise discretion when calling out of hours and only call in emergencies, as in some cases these are also the staff’s personal telephones. We appreciate your understanding.
Contacting Area Pages In order to deal more effectively with your queries, we ask that you put any questions to us in writing. This system allows us to distribute questions to the appropriate departments, and thereby respond to you, more efficiently. There are three ways to contact us: Email: firstname.lastname@example.org Post: Suite 14, BREC. Ewood Park, Blackburn, Lancashire BB2 4JF
Tel Sales: 0844 357 3327 (option 3)
Copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to Area Pages ltd. Once a piece of work is paid for in full a client may request the source code to host elsewhere but they are not authorized to reproduce this code for other applications. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify Area Pages ltd from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.
All quotes for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote. Illegal Matter Area Pages ltd reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of 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. Consequential Loss Area Pages ltd accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.
Financial Loss Area Pages Ltd accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Area Pages Ltd Force Majeure Area Pages Ltd accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject there to shall otherwise accept delivery when available.
Liability Area Pages ltd shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond Area Pages Ltd control. Price Breakdown The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. Supplying us with suitable material will, therefore, reduce the time spent on design and, thereby, the final charge..
Jobs Put on Hold or Cancelled by the Client Jobs put on hold or cancelled by the client during production will be invoiced at the current stage and materials. This invoice must be paid in full together with any VAT that falls due accordingly. Credit Terms For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 3% above the Santander Bank base rate at the time and an administration fee to cover the debt recovery costs.
Insolvency Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, Area Pages Ltd, without prejudice to other remedies, shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.
Data Protection Area Pages Ltd agrees to keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.
Web Design Terms and Conditions
We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of Area Pages Software in ascertaining the unsuitability of the materials with which you provide us. Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified. Website Updates & Site Maintenance These are charged at –£50 per hour. If you want to introduce new material in the form of extra pages, additional functions, or more information that is already available on your site, this must be paid for as a new job.
Area pages Ltd offer all clients the opportunity to benefit from website and email hosting free of charge, until the following January. Hosting is provided at a charge of –£149 + Vat per year. This includes a ASP or PHP server, a customer control panel, up to 10 standard POP3 emails address created by us, or unlimited created by the client through the control panel, unlimited web space and bandwidth (2gb fair use policy applies), 150mb MYSQL Db (where applicable). FTP access to websites will be granted when requested though Area Pages Ltd will not be held responsible for errors caused by 3rd party interference on the website. MYSQL DB / MS SQL DB access will not be granted however backups can be requested at a cost of £150 per backup. If a client requests to leave Areapages and transfer the website files to another provider a fee of £150 + Vat charge will apply.
Area Pages Ltd takes no responsibility for any loss of business through non retrieval of emails, bounced messages or undelivered electronic mail. Area Pages Ltd takes no responsibility for the content of emails including attachments and viruses. Cancellation of any website subscription or Areapages software will result in the withdrawal of the hosting package the same day.
All hosting packages are non-refundable. Should the client request that a domain name purchased by Area Pages Ltd on their behalf be transferred to another host, a release fee of –150 + VAT will be charged. Website hosting will be renewed automatically as part of the initial contract, but a notice period of not less than 14 days will be given at the time invoicing. Clients must cancel their renewal in writing to the above postal address within this notice period, otherwise all charges will become payable and cancellation will NOT be accepted after this date, as monies will have been paid by Area Pages Software on the client’s behalf.
Systems Any systems, including ecommerce and Content Management System, provided to the client remain the intellectual property of Area Pages Software. Clients may request the source code for the front end of our system to host elsewhere but they are not authorized to reproduce this code for other applications No client will be allowed the complete source code for Area Pages LtdManagement. This is a bespoke proprietary management system. A client may request a cut down version which will allow the site to function on other servers. E-commerce/CMS E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system. A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, Area Pages Software’s job is done. Area Pages Ltdoffers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service. This does not include any photography, and where clients feel unable to create their own imagery of products, a photographer must be sought.
Warranty Area Pages Ltd guarantees all of its websites / bespoke software solutions provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by Area Pages Ltd proving to be faulty or defective will be repaired / replaced free of charge to the working standard equivalent to launch.
For bespoke systems Area Pages Ltd will provide support for up to 12 months to fix erroneous code. This support is restricted to code that causes errors within the system. Amendments or additions to the system will be charged at the daily rate.
Website Proofs Once a client has agreed a look and feel proof and instructed Area Pages Software to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.
Exceptions (Web) We accept that certain details regarding your business, such as telephone numbers and email addresses, sometimes change, and that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our construction package. This policy applies throughout your contract with Area Pages Software: if a minor detail needs to be amended, we are more than happy to do so, free of charge. Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images are not covered by this policy and must be paid for.
Payment Terms (Web) You agree to pay a deposit of 50% of the final bill immediately. When we have finished building your site, we will put it live on our own server under a temporary name which we will give you. After we have informed you of the site’s location on our server, you have 24 hours to view the site and ask for any amendments to be made. The site can be kept live for a longer period if you specifically request this. After the 24 hour viewing period has elapsed, the invoice will be issued as – apart from minor alterations or transfers onto other domain names – our work on the site is then complete. Once the bill is settled in full, we will put the site live on its own domain name, or – if you have not yet selected one – it will remain live on our server. If you possess your own domain name, we will initiate whatever process is necessary to put the site live once the bill is settled. You are not permitted to point your own domain name to the test site on the Area Pages Software server. If this is found to be the case, we reserve the right to remove the site from our server. All deposits are non-refundable.
Area Pages – Refund / Renewal Policy
INTELLECTUAL PROPERTY RIGHTS
The Company owns all elements and components of the Website, including, without limitation, all visual interfaces, interactive features, graphics, design, compilation, computer code, products, and software ("Areapages Software"). Areapages Content excludes User Generated Content. The Company also owns or has a license to use any and all intellectual property rights, associated with the Areapages Software, the Website and Service, including, without limitation, all patents, copyrights, designs, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world, which are protected by applicable intellectual and proprietary rights and laws.
Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Rank Ranger Content in whole or in part except as expressly authorized in writing by Areapages. Areapages Ltd does not grant any express or implied rights in Areapages Ltd Content to Users, and all rights in and to the Website and/or Areapages Ltd Content are retained and reserved by Rank Ranger. Moreover, the term Areapages Software and anything on the site that identifies or distinguishes Areapages from other companies, goods or services.
USER ACCOUNT CANCELLATION
Users, who have purchased the Annual Service, may cancel their account at any time by contacting customer service via email at email@example.com (Please note that the cancellation shall become effective only after receiving Company's approval) and the software has been taken off the clients website. Please note that cancellation does not entitle you to a refund. Users who cancel their account shall continue to have access to the Website and Service until the end of their subscription term.
Users, who have purchased the monthly services, CANNOT cancel their account services as discounts have been applied. They must make the 12 monthly payments set at the agreed amount. If the client cancels the direct debit or subscription without Areapages approval the full invoice amount will be due for payment immediately. Plus any other charges occurred.
Please note that cancellation does not entitle you to a refund. Users who cancel their account shall continue to have access to the database until the end of their subscription term.
Areapages licences are on an “auto renewal basis”. Clients must have given us written cancellation to the address above or via email to firstname.lastname@example.org an email (provided at the point of sale)
Our terms are clearly stated and agreed at the point of sale before payment details are collected or presented to him at the time he subscribes to such Paid Services on the Website or by service order form.
Any Paid Services User who wishes to discontinue or cancel his Paid Service, must do so, at his sole responsibility, prior to the automatic renewal date (30 days prior to the purchase date).
No further notice of renewal dates shall be given to Users after subscribing to Paid Services. Information regarding User Paid Services and auto renewal of Paid Services.