Website Terms & Conditions

Conditions of use
By using this website, you acknowledge your assent to the following conditions of use without limitation or qualification. Please read these conditions carefully before using this website. These terms and conditions may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current terms and conditions.

Disclaimer
The material contained on this site is provided solely for general informational purposes and is not intended to be a solicitation or an offer to sell any products or services, nor is the material a complete description of all terms, conditions and exclusions applicable to the products and services described. The information contained on this site was believed to be accurate at the time it was posted. DSW Technology periodically updates the information on this site. This site may contain links to or material from other Internet sites that are not created, published, maintained or otherwise controlled by DSW Technology. These links and material are provided solely for the convenience of the users of this site and do not constitute an endorsement of any products, services or information available on, from or through such non-DSW Technology Internet sites.

Restrictions on use of materials
This website is owned and operated by DSW Technology. Except as otherwise expressly permitted by DSW Technology, no materials from this website or any website owned, operated, licensed or controlled by DSW Technology may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Links to third party sites
There may be links in our site which take you to third party external websites. These are provided for information purposes only, and do not imply any approval or endorsement of the content or operator by DSW Technology. We are not responsible for the products, services or content of any website outside of ours.

Project Terms & Conditions

1. Scope
These Standard Terms apply to the supply of all products and services by DSW Technology, unless we otherwise agree in writing.

2. Agency
We accept orders and instructions only on the basis that those instructing us do so as principals and are liable directly to us for payment of our account.

3. Use of third party contractors
We may, as your agent, directly or through an intermediary ask another contractor ("Third Party Contractor") to carry out some or all of any work which you instruct us to carry out for you. We shall pay the charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will take all reasonable care in selecting and instructing a Third Party Contractor. However, we have no control over the activities of a Third Party Contractor and therefore accept no responsibility for the services provided to you by that Third Party Contractor or for any errors or omissions in its work or products.

4. Adequacy of instructions
We provide services only on the basis that those instructing us give us all proper, necessary and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed, and that those instructing us indemnify us accordingly.

5. Copyright and publication
We accept material for printing and/or publication on the basis that those submitting the material are responsible for ensuring it is free from defamatory matter and does not infringe copyright or any other third party rights, and that those instructing us indemnify us accordingly.

6. Proofing
Proofs of work may be submitted for your approval. We shall incur no liability for any errors not corrected by the customer in proofs so submitted. Alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to our judgement, changes therefrom made by the customer shall also be charged extra.

7. Third party reliance
Our services are provided solely for the use of our client and that client's own client on whose behalf the work has been commissioned and shall not be used or relied upon by any other third party.

8. Payment
We may require cash payment in advance before providing any goods or services. A deposit may be required from any client before any work is carried out. Likewise, if a project is large or deemed to be of significant duration then interim payments may be required. Where we have agreed credit terms for you our invoices are due for payment 30 days from their date. Payments may be made by BACS, Paypal or GoCardless.

Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge. We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 2013 as at the due date (8.5% as of April 2014).

Any dispute regarding an invoice should be brought to our attention in writing within 10 days of receipt, failing which the invoice will be assumed as accepted.

9. Non-completion of services
Where you instruct us to undertake any service, you will be responsible for our costs in providing that service whether or not it proceeds to its conclusion.

10. Liability
We accept no liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence).

11. Privacy policy and data protection
DSW Technology will only share your information with staff, clients, or other specialist networks with the sole purpose of completing your order or transaction. Except in the situations listed above or as required or allowed by law or other regulation, we will not pass, disclose, rent or sell your personal information to any third party without your prior consent.

We make every effort to ensure the security of our systems. Unfortunately, no data transference or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information after we've received it, we cannot ensure or guarantee the security of the information.

12. Compatibility
We try to ensure that any websites we produce will function correctly on the server they are initially installed on and that they will function correctly when viewed with the latest versions of Microsoft Internet Explorer, Firefox, Chrome, Safari & Opera. Due to the large number of possible operating system and browser combinations we cannot guarantee our websites will function correctly on older, or any other system.

13. Hosting
A shared hosting account refers to the use of a web server for the purposes of hosting a client website on a server that is shared with other clients and users. Shared hosting accounts are provided to clients to host their website subject to the following terms and conditions.

13.1 Supply
a. If the client's bandwidth or processor usage reaches the point where it has an adverse effect on other clients, we reserve the right to disable services until you can reduce your usage.
b. Each account includes a set amount of bandwidth, if you use more than this amount then you agree to pay for this bandwidth at a rate of £12 per 1Gb of usage.
c. We cannot guarantee any level of service, although any problems will be solved as soon as possible.

13.2 Price & Payment
a. Payment by the client will be on a yearly basis.
b. Payment is due each anniversary month or year following the date the account was established. Clients will automatically be invoiced again at the end of their period unless closure notification has already been given.
c. The company reserves the right to vary the amount payable from time to time, however we will give you 30 days prior written notice of any such variation.
d. We do not offer any form of credit to clients.
e. If the client's service or account is activated before payment is made then payment must be sent in full.
f. If payment is not made and received in full within 7 days from the completion of the agreement, all technical support for the site will be revoked. If payment is still not made in the following 7-day period the client's account will be deleted from our servers and all DNS services will stop.
g. We are under no obligation to carry out any work until full payment in advance has been received in clear funds.

13.3 Termination
a. The initial term of this contract shall be the period described in the above and shall commence on the date of acceptance by the client. Thereafter the contract will continue on yearly basis unless terminated according to the provisions below.
b. All account cancellations must be done in writing, with at least 7 days notice. Notifications must include user name, principal contract name and reason for cancellation. Third party cancellations are not accepted.
c. We reserve the right to cancel your account at any time without notice.
d. When your account is closed, all files will be deleted.
e. Any attempt to use the Control Panel for purposes other than its intended use will result in your account being terminated.
f. Any improper use by the client (as stated below) will result in immediate termination of the service.
g. If a client has ordered a service on an annual subscription the company expect the client to commit for this period of time. If the client wishes to cancel or breaks any of the terms and conditions and their account is cancelled within this service period, we will not make any refunds for any unused portions of the client's account. Whilst the company does not offer refunds the client has no obligation to continue using our service.

13.4 Company's Liability
a. In no circumstances whatsoever will we be liable for economic, indirect or consequential loss arising from delays or service interruptions.
b. We will not be responsible for loss occasioned by computer viruses under any circumstances.
c. To protect your privacy we will not distribute your name or e-mail address to any third party.
d. We reserve the right to remove material deemed inappropriate from your web pages, without prior notice. We do not allow illegal software, material that infringes other's copyright, pornography, racist material or any otherwise offensive content on our servers.
e. We shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of services.

13.5 Client's Liability
a. It is the client's responsibility to carry out computer virus precautions.
b. Whilst data stored on our servers is backed up, it is the responsibility of the client to keep independent backup files of important data. We cannot be held responsible for any loss incurred from the client's inability to backup any files.
c. Clients must not attempt to gain the privileges of another user.
d. Clients will be responsible for the content of their page/s including obtaining the legal permission for any works they include and ensuring that the contents of their page(s) do not violate UK or any other laws that are applicable.
e. The clients will be responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via their page(s). Any breach of this, and we will terminate the contract irrelevant whether the client is aware of the content of any material so transmitted or not.

13.6 Password Security
a. The client will be given a login account, which is for personal use only. Clients must not divulge their password to any other people.
b. The client shall take reasonable precautions to ensure that it is not discovered by other people.
c. We reserve the right to change the password in the event of any suspected security breach.

13.7 Improper Usea. Our service may only be used for lawful purposes by the client.
b. We do not allow illegal software, illegal MP3, porn sites, racist, defamatory, illegal, offensive material or IRC Bots.
c. Clients may not store more data in their account than their allotted quota.
d. Clients may not run server processes, such as talkers or IRC Bots from their login account.
e. Clients must not participate in any form of unsolicited bulk e-mailing or spam.
f. Any breach of the above provisions will result in an immediate withdraw of service provided by the company.

14. SEO
Unless expressly stated, SEO is not included as part of a website we build, and is sold as an additional service.

15. Domain Registration
We cannot guarantee the availability of any domain name. Where we are required to register a domain name on behalf of a client, we will endeavour to do so, but the client should not assume a successful registration.

16. Quotations, estimates and costs
Our quotes and estimates are valid for 30 days. Estimates are created based on information available at the time. Price and time estimations are subject to change should more information become available once the project is underway.

Any advance payments are due immediately, with the remainder due within 30 days of project completion. Our costs exclude VAT and any outside costs incurred (for example: travel, photography, stock imagery, delivery and couriers). Where outside costs are incurred, we reserve the right add margins as we see fit.

Our hourly rate is £25 p/hr. Any work outside an agreed list of deliverables, in the absence of a quote or due to author's changes is charged at this rate.

We will provide you with an estimated timescale for progress and completion of work and will use reasonable endeavours to meet those timescales (as long as you perform your obligations promptly). Any quoted dates or times are our best estimates only and we cannot guarantee that they will be met.

17. Use of work for self-promotion
We reserve the right to use any work we produce for the purpose of self-promotion.

18. Changes to terms and conditions
We reserve the right to make changes to these terms and conditions from time to time.

19. Jurisdiction
Contracts between us will be concluded in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.

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