Terms and Conditions
By agreeing to proceed with a website design package or any project, you accept that this forms a contract with Vital Websites and the following terms and conditions. These terms and conditions should be read in conjunction with any ‘quote’ and or tax invoice you have received from Vital Websites.
- Vital Websites services are provided at the agreed rate. Unless otherwise agreed, web design packages include website design and build (see package variations). Where applicable, hosting costs commences when development begins. A domain name can be registered by us on your behalf or provided by you. If you already have a domain name, we can arrange a free DNS transfer. Vital Websites will also set up an email hosting account if required (see package variations).
- A 50% deposit is required for all Website Packages.
- The balance of the full invoice amount is due prior to commencement of your project going live.
- All balances must be paid prior to login access being provided by Vital Websites.
- For web design packages where a completed design/content brief is not received by Vital Websites within 60 days of receipt of the deposit, that project will be subject to a £75 administration fee to resume that project.
- Although Vital Websites reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
- Failure to make complete payments may result in your website and emails being suspended at the total discretion of Vital Websites.
- Additional extras such as graphic design work, layout changes, extra WordPress plug-ins, additional functionality and or coding items such as plugins and modules, must be paid in full by either credit card or EFT, prior to the commencement of work.
- All receipts/invoices will be sent via email.
Cancellation and Refunds
- All deposits received are non-refundable.
- Customer cancellation of any Vital Websites services at any stage must be notified in writing via email. Any outstanding balances remain payable regardless of the stage of design or production of the project.
- Customer cancellation of any Vital Websites services requires one month notice. This includes all SEO, PPC and Social Media services along with website hosting.
- Non-payment of any outstanding amounts will be passed onto a debt collection agency for full payment. All fees incurred in such collection will be borne by the customer, including any interest or administration fees.
- Any payments received for ‘Care Package’ are non-refundable.Vital Websites do not offer refunds for server, service or software interruptions which are out of our control.
- Although Vital Websites use their best endeavours to complete websites in a timely manner, they cannot be held responsible for the delay in the design or development of any website design package.
- Vital Websites reserves the right to suspend or cancel a customer’s access to any or all services provided by Vital Websites, at its discretion, if the account has been inappropriately used or otherwise abused.
- Individual accounts are for the intended use of the account holder only.
- Vital Websites does not allow any of the following content to be stored on its servers:
- Illegal material, including copyrighted works, commercial audio, video, or music files, or any material of any type in violation of any federal, state or local law or regulation anywhere in the world.
- Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes “adult material” is entirely at the discretion of Vital Websites.
- Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc. material or encrypting of any of the above. This also applies to sites which provide links to or ‘how to’ information about such material.
- Unless otherwise agreed all websites will have a discreetly placed ‘Web Design by Vital Websites’ or similar link to the Vital Websites website.
- Vital Websites does not control the interaction between your website and its visitors.
- Vital Websites builds all sites on the latest installed version of WordPress at that time of installation. Vital Websites is not responsible for updating to future versions of WordPress. Any requests for installing and updating WordPress versions is chargeable at our normal hourly rate of £25 or included in a monthly support and maintenance fee approved by the client.
- Any website can be vulnerable to a “hack” or malicious activity. While it is out of our control, in the unlikely event of a hack to a client website, Vital Websites can reinstate your site from a backup version, check security integrity and complete a performance update for a fee of
£150. Please note that our Care Packages include system maintenance and software upgrade options including remote backup of your website files ongoing, backups on the website hosting only are the responsibility of the client and cannot be guaranteed to work again if hacked. Vital Websites highly recommends our Care Package for regular off-site remote backups.
- Vital Websites will provide ‘Top Level’ admin access and the client agrees that ongoing support from that point becomes chargeable at our normal hourly rate of £25.
- Please refer to www.vitalwebsites.co.uk for the variations in each web design package.
- Vital Websites websites are self managed and Vital Websites is not responsible for any copy, editing or updating of your website content. This service is provided at our normal hourly rate of £25 per hour unless you have a Website Care Monthly Maintenance package.
- After ‘sign-off’ of a website design concept, any amendments from that point, will be subject to additional design fees.
- Vital Websites do not place any additional content to your website other than mentioned above or agreed upon. Some of our packages do offer individual page(s) and product page(s) setup and custom projects will be quoted and approved.
- The client must provide all website content unless agreed upon and article writers are contracted by Vital Websites on your behalf.
- Content creation is available at an additional fee, charged on an hourly rate.
- Website images must be provided by the client. For a small fee, images can be purchased from an image library. Alternatively, Vital Websites can either suggest stock image websites or can source images on your behalf at our current rate of £25 per hour plus the cost of the image/s. Vital Websites also employ a graphic designer and can recommend local photographers for better branding and unique design.
- A website will only go ‘live’ after full payment has been received and the website is approved by the client from a development/testing environment which will be made available as a URL link in an email.
- eCommerce sites are developed and handed over with a standard eCommerce configuration and layout. This includes product page, checkout page and basic shipping configuration. Any variations or customisations to these layouts will be at an additional cost to the client.
- Websites with ‘Mobile Responsive Design’ do not include any customisation to the design or layout visible on a Smartphone or tablet. Customisation is available at an extra cost following instruction from a brief provided by the client.
Plugins and Components
- Website plug-ins purchased pre or post sale are installed on your website on a basic level i.e. Vital Websites provide a basic set up of information sufficient for the plug-in to function on the website.
- Beyond the basic level of set up, additional fees apply for customisation of that same plug-in.
- After basic installation and any customisation of a plug-in, an optional monthly support fee (paid by direct debit) will apply at an agreed rate from Vital Websites, payable from the day login access is provided by Vital Websites.
- If a client opts not to pay for support for a plug-in, any queries, questions, alterations, updates, amendments or similar, will become a paid service from Vital Websites and charged in minimum 30 minute blocks.
- Vital Websites builds all sites with the latest version of plug-ins and requested plug-ins. Updating versions of any plug-in is subject to a minimum charge of £25 per hour plus any additional upgrade costs, time spent on reconfiguration, customisation and testing.
- Unless otherwise agreed, websites will be hosted by Vital Websites.
- Customers wishing to use alternative hosting, need to confirm such hosting is suitable for the website built by Vital Websites.
- Vital Websites cannot give a 100% guarantee that there will be no hosting interruptions or downtime from it’s hosting supplier and shall endeavour to inform of any scheduled updates or maintenance.
- Where Vital Websites are not hosting a website, Vital Websites will prepare and deliver (after any outstanding balances are paid), a set of files for upload and installation on the alternative host by the alternative host.
- Vital Websites will not be responsible for the installation of the website on alternative hosting.
- On a ‘fee per service’ basis, Vital Websites can continue to support your website if it is not hosted by Vital Websites.
- Please refer to ‘PLUG-INS’ for terms and conditions relating to the support of a website plug-in.
- The ‘Care Package’ for your website begins the day your website goes live.
- All fees paid for ‘Care Package’ are non-refundable.
- Vital Websites provides support for all of its clients via email. All queries or questions should be directed by email to email@example.com. Support requests are answered during normal business hours.
- Payment for all ‘Care Package’ monthly payments, will be automatic on the 1st of the month. Cancellation will incur a two month cancellation fee and notice is required in writing.
- The customer agrees that it is not the responsibility of Vital Websites to provide knowledge or support outside of the defined service of the Vital Websites web design packages.
- All forms of support are subject to ‘fair use’ time limitations of 2 hours per month. Support time includes any form of communication and also time spent on research, development, installation, customisation, testing and design. Additional support time is logged and will be charged at our current rate of £25 per hour.
- If, in exceptional circumstance, ‘cPanel’ or ‘FTP’ access is given to a client, Vital Websites can only provide ‘basic’ (non-technical) CMS support for that website. Vital Websites cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of ‘cPanel’ or ‘FTP’ access. A request for recovery of any website by Vital Websites will be subject to a formal quote to reinstate the original website install (if possible).
- Business coaching, training and strategy including consultation and project management is changed at the rate of £50 per hour or as part of an agreed package which will be quoted and accepted prior to work commencing.
- Travel to and from meetings which are not included in the ongoing project scopes, maintenance and support are charged at £25 per hour to and from our office location to your office. Our initial website and marketing packages include a free phone consultation to establish what is required.
- Online Marketing plans not included as part of a package are charged at our normal adhoc rate of £50 per hour.
- Vital Websites cannot guarantee the accuracy of target search terms used for Online Marketing, SEO and social media management and may not get this accurate the first time as every business niche and location has a different level of competition and every business owner a separate set of target search terms.
- Vital Websites is not responsible for rankings that drop in the search engines due to a client’s bad spelling, grammar and copywriting content.
- Google Adwords and Facebook ads including any other system we run pay per click ads. Clicks will be payable by the client’s account. Vital Websites manages and optimises your account only. We will require access to these accounts in the initial setups of these projects and will recommend daily budgets to follow. The client will have full access to the account anytime.
- Our SEO packages include ongoing audits, speed test, backlink checking, reporting, competitor analysis and target keyword tracking. We do our best to keep your website running in tip top shape. However, we cannot always predict search engine algorithm changes. Our reporting is designed to warn you ongoing of any changes and our seo packages setup with monthly tasks to get the best results possible.
- It is highly recommended that a client has a website audit and marketing appraisal first to establish the best approach. A proposal document along with a quotation for setups and ongoing support will need to be approved and payable monthly.
- SEO packages are for a minimum term of 6 months and are payable monthly in advance. One months notice of cancellation is required in writing.
- Social media packages are payable monthly a rate of £50 per hour.
- Vital Websites cannot guarantee a requested domain name will be available.
- If an Vital Websites web design package includes a free domain name,the ownership of that domain will be transferred to you.
- All domain names purchased by Vital Websites will be for a 1 year period unless otherwise specified.
- Domain names will always remain the property of the Customer.
- Vital Websites websites cannot be transferred away from Vital Websites servers other than by agreement and only after payment of any and all outstanding fees are received. If a transfer is agreed, Vital Websites will prepare a set of files containing the contents of your website. An administration fee of £199 is payable for this process.
- No responsibility can be taken by Vital Websites for website or email disruption during any part of the transfer process.
- Vital Websites cannot provide support for any website they do not host on their servers unless otherwise agreed with the client.
- If you are transferring an existing WordPress built website to Vital Websites (without purchasing a web design package), a one-off £199 transfer fee plus hosting fee applies.
- If you are transferring your existing WordPress website to Vital Websites, Vital Websites cannot transfer your existing emails to our hosting platform. We recommend you take a copy of all emails from your existing host up to the point of transfer to Vital Websites. Emails will be available for pick-up once the transfer of your website is complete. Vital Websites cannot be held responsible for any emails lost during the transfer period and we recommend an alternative email address forwarder (hotmail, gmail, outlook or similar), be set up during that same time.
- Vital Websites shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software.
- Vital Websites cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.
- Vital Websites makes no representations, warranties or assurances that the customer’s equipment will be compatible with the Vital Websites service.
Trademarks and Copyright
- The design of your website (the look and feel) is under copyright and license from Vital Websites for use by yourself. You are prohibited from selling, replicating or reproducing any of the design of your website without written permission.
- The customer warrants that it has the right to use any applicable trademarks on their website.
The Customer may only use Vital Websites servers for lawful purpose. Transmission of any material in violation of any federal, state or local regulation is prohibited.
Acceptable Use Policy
- Vital Websites does not warrant that the service will not be interrupted or error free; nor make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the Vital Websites servers, unless otherwise expressly stated in this Agreement.
- Under no circumstances, including negligence, shall Vital Websites, its officers, agents or anyone else involved in creating, producing or distributing Vital Websites web design services be liable for any damages that result from the use of, or inability to use the Vital Websites service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to communication failure, theft, destruction or unauthorised access to Vital Websites’s records, programs or services.
- Not withstanding the above, the customer’s exclusive remedies for all damages, losses and causes of actions shall not exceed the aggregate amount which the customer paid during the term of this agreement and any reasonable attorney’s fee and court costs.
This agreement shall be governed in all respects by the laws of the United Kingdom. The parties irrevocably submit to the jurisdiction of the courts of the United Kingdom.
Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.