1.1 "Company", "we", "us" or "our" refers to Chimp My Site.
1.2 "You" or "your" refers to the client.
1.3 "Terms" means the terms and conditions.
1.4 "Goods" means any items offered for sale by the company.
1.5 "Customer" means any company or individual who places an order with the Company for goods.
1.6 "Contract" means the acceptance by the Company of an order, place by a customer and such acceptance shall occur when the Company commences work on an order or when the company agrees to accept the order and communicates this to the customer.
1.7 "CMS" means Content Management System
1.8 "HTML" means Hyper Text Markup Language
2. Agreement of contract
2.1 It is important that you as a client to have read and agreed to the terms and conditions before agreeing to a contract.
2.2 We reserve the right to change these terms and conditions at any time in the future to meet the requirements of business practices and legislation both now and in the future.
2.3 Your verbal, written, or email confirmation, together with payment of a 25% deposit, shall be deemed as a contractual agreement and commissioning us to do your website, and is approval for work to start.
3.1 Once you have commissioned us to create your website or part of your website, you have seven days to decide not to proceed from the time of the agreement.
3.2 Cancellation will result in the loss of the deposit and no further charges will be payable.
3.3 We will email you once you have informed us (by telephone, email or post) of your wish to cancel the website development. Any material sent to us for the creation of the website will be returned.
4. Copyright and intellectual property
4.1 Chimp My Site retains all rights to the intellectual property of all aspects of the website design, graphics, photographs, programming code until the agreed charges have been paid in full and cleared by our bank.
4.2 For websites supplied WITHOUT an underlying CMS, the customer retains full copyright and ownership of the website logos, graphics, layout, HTML code and content.
4.3 For websites supplied WITH a licensed CMS ("W3 Web Manager", "DevCMS", "HCMS" or "Chimp My Site" branded CMS), copyright and ownership of the website logos, graphics, layout, static HTML code and content remain with the customer but NOT any underlying CMS code, features or functionality (see 4.4). If a customer decides to remove a website from our servers for hosting elsewhere, we will, for a reasonable fee, supply a static HTML version of the website layout, graphics and content only. For large e-commerce websites, example category and product page layout can also be supplied. It should be noted that an HTML version DOES NOT include any dynamic code, therefore losing various website functionality and the ability to edit the content without good HTML knowledge.
4.4 Our third party CMS suppliers retain full intellectual property rights, copyright and ownership of the CMS code, its content, functions, layout and graphics.
4.5 No source code, manuals, certificates or other documentation are generally supplied with our websites unless specifically agreed in the quotation or other documented agreements. Some supporting documentation, where it exists, is supplied through our website or in PDF form.
5. Your copyright responsibility
5.1 It is your responsibility to ensure that materials e.g. graphics, photographs, text, logos, company or business name, trademarks, music files, audio and video supplied have been checked or researched and is not used by anyone else or infringes anyone else's copyright or intellectual property.
6. Policy on materials used
6.1 Chimp My Site does not take responsibility for any copyright infringements caused by materials described above (but not limited to) submitted by you. We also reserve the right to refuse any material of a copyright nature unless proof is given of permission to use such materials.
6.2 We will also refuse to use material of any illegal or inappropriate nature in the website design. Materials includes (but not limited to) adult content, including pornography or otherwise lewd or obscene material.
6.3 You accept full responsibility of all materials supplied and absolves and indemnifies Chimp My Site of any liability in the use of the material to create the website and will assume full responsibility for any violations and or legal action which may arise at any time in the future.
7. Use of Images
7.1 Images supplied or produced by us or a third party are obtained from licensed sources and the images may also be sourced as free from copyright restrictions.
7.2 The uses of the images are for website use only.
7.3 Should you wish to use an image for (but not limited to) publicity, brochures, posters, advertising, any sort of printed publication, you should check with us first to ensure that the images are allowed for such use. You accept full responsibility if you use images supplied by us for the uses listed above (but not limited to) and absolves and indemnifies Chimp My Site of any liability in the use of the images and will assume full responsibility for any violations and or legal action which may arise at any time in the future.
8. Website design and hosting services
8.1 We provide a content managed website solution (CMS), on top of which we design and code your website. On satisfactory completion it is your responsibility to update, maintain or edit your website unless we have specifically been contracted to do so.
8.2 We agree to provide the client with website hosting, reasonable support and, where applicable, the CMS for a monthly or annual charge. Hosting is provided with one of our approved hosting companies. Due to copyright, logistical support and costs, 3rd party hosting is untenable. Your first annual fee is payable on satisfactory completion of your website and annually thereafter on your renewal date. The renewal date is determined by the creation date your hosting account, not the date of delivery of the completed website.
8.3 We will never require clients to advertise Chimp My Site on their website in any way shape or form unless agreed. However we normally supply websites with a small link to us in footer. You may request removal of this at any time. This link enables you to contact us directly in the event that there is a problem with your website.
8.4 We reserve the right to change hosting company or increased the annual hosting fee at any time, giving you at least 14 days notice. Any changes to the annual fee will commence at the next annual renew date. Advanced notification that annual hosting fees are due will be sent via email. Annual hosting fees MUST be paid on time, on or before the renew date. If not we reserve the right to take appropriate action. In the event that the hosting fees are not paid within 30 days of the renew date, your account will be temporarily suspended. A charge of £250.00 will be made to reinstate your website again.
8.5 In the event your hosting charges are not paid within 60 days, we reserve the right to remove your website altogether from our servers and will not be held responsible for any loss of data.
8.6 You have the right to cancel your hosting agreement with us, at any time, giving at least 30 days notice. In the event you cancel, a static copy of your website, including all graphical, textual, database and front-end website code will be supplied. IMPORTANT: Please note that this does not include a copy of the CMS, meaning you will no longer have the ability to update, maintain or manage your website using this method.
8.7 We can't be held responsible or liable for any losses, losses of turnover, sales, revenue, profits, compensation indirect or consequential or any other special loss caused by the malfunction, unavailability, or interruption of the website hosting service. We will contact you if we know of any scheduled server down time, usually for routine improvements or maintenance
8.8 As part of our service, we supply all usernames, passwords and other website related security information in PDF format known by us as a configuration.
8.9 The document is intended for information purposes only and contains highly sensitive information which MUST be kept secure at all times. It allows access to your website control panel, database, source code, webmail, email and hosting accounts. With the exception of a few, these are SPECIALIST AREAS and should not be accessed unless you specifically know what you are doing.
8.10 If you gain access, for whatever reason, then change something which consequently breaks your website or email, we WILL NOT be held responsible and will charge to make any necessary repairs.
9. Concepts of development
9.1 We will design a concept/mock up your website, showing the layout/design of your website. This is usually supplied in PDF format.
9.2 Once you have approved this either verbally, in writing or by email confirmation, that is deemed the concept for the whole website and work can begin.
9.3 Should you change your mind or wish to make significant alterations after approval, we reserve the right to charge you an additional amount to cover the new changes, alterations or alternatives as you require.
10. General Website Design
10.1 All website quotes are valid for 30 days from the date they are either provided automatically by our website or sent via another method.
10.2 After 30 days we reserve the right to amend the details and total of the quote.
10.3 All websites are designed to W3C validation standards where possible and are designed to your specification.
10.4 It is your responsibility to ensure that the website and the workings of the content comply with any online trading regulations and Laws.
10.5 It is also your responsibility to ensure that the workings of the content continue to comply with any future changes to trading regulations and Laws with regards to accessibility of selling online in relation to your individual business or trade
10.6 We can't guarantee a completion date of a website due to limiting factors and unforeseen circumstances.
10.7 You should allow a least 3 weeks from concept to completion. Larger websites (e-commerce, directory etc) may take longer.
11.1 We can't be held liable for any costs incurred, compensation or loss of earnings whilst the website is being developed.
11.2 We can't be held liable for work carried out by a third party or agent on your behalf.
11.3 We can't be liable or involved in any dispute between a third party agent and you or site owner.