The following terms and conditions apply to all web site development and hosting services offered by Ardnet Online Limited. By accepting a quote either verbally or in writing or ordering a product from Ardnet Online Limited you are agreeing to the following terms and conditions.
Ardnet Online Limited is a limited company registered in Northern Ireland with registered number NI609630. Our registered office is at 160 Donaghadee Road, Newtownards, County Down, BT23 7QP.
1. We are not VAT registered so there is no additional charge for VAT
2. Quotes are valid for 28 days.
3. It is the customers responsibility to check ensure that any web site is lawful, does not infringe any copyright or any other laws. It is also the customers responsibility to carry out any market research as to the viability and profitability of any project before accepting any quote.
4. We reserve the right to refuse to construct a web site that we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
5. The acceptance of a commission quote either verbally or in writing shall be deemed as a contractual agreement between the client and Ardnet Online Limited.
6. At project acceptance Ardnet Online Limited can provide an estimated completion date, however we cannot guarantee this date as a final completion date.
7. A deposit of no less than 50% of the total quoted price must be provided before project commencement.
8. Once a commission has commenced it will be completed using the information, data, text and images provided at project commencement or during the design phase. Once the design process has been completed the project will be presented to the client who may make any changes to design and content he wishes.
9. Ardnet Online Limited will initially place the client’s web site on a demonstration server in order that the client may view and comment upon the project. Once the client has approved the project a final invoice will be presented, our standard payment terms apply.
10. It is standard policy to issue the final invoice once the draft has been approved by the client. Project delays that result in failure of clients to provide content in a timely fashion shall not delay or postpone the usual payment terms of 28 days.
11. Ardnet Online Limited reserve the right to alter our prices at any time without prior notice. If a quote at an original price has been made it will be valid for 28 days and subsequently during the life of the current commission, however additional work may be charged for using the new pricing structure.
12. A clients site will be hosted once approval of the design and content is given however we reserve the right to remove the site at any time until the invoice is paid in full.
13. When a quote has been accepted and a developed project approved by the client the invoice must be paid within 28 days regardless of the amount of content that the client still has to provide to Ardnet Online Limited.
14. Content or features listed in the original quote but not provided during the development phase by the client will be added at any time in the future, however invoices must be paid in full including sections which the client still has to provide content for.
15. All material, both text and images, supplied by the client and used in the construction of the client’s web site, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
16. The copyright for all material provided by Ardnet Online Limited, such as source code, graphics, photographs video, animation and text, will remain the intellectual property of Ardnet Online Limited.
17. Ardnet Online Limited produce projects where every effort is made to display the pages acceptably on most popular browsers currently available, however we cannot accept responsibility for pages which don’t display properly on versions of browsers released after the project is completed.
18. The client is ultimately responsible for checking the correctness of the site before they give Ardnet Online Limited the go ahead to make the site publicly available.
19. When a client agrees that a site can be made publicly available they are agreeing that the design and development of the site has satisfied all their requirements.
1. By agreeing to these terms and conditions your statutory rights are not affected.
2. Our payment terms are 28 days, payment must be made by cheque or cash and delivered to our premises of 160 Donaghadee Road, Newtownards, BT23 7QP unless otherwise agreed.
3. Any payment returned by the bank will incur a £15 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
4. Late payments will be charged interest at our rate of 8.5%.
5. We accept payment by cheque or bank transfer.
6. It is the responsibility for customers outside the UK to transfer funds internationally to our account and pay any fees relating to same.
Hosting, support and updating service agreements
1. Ardnet Online Limited offer annually renewable packages of hosting and updating service agreements which can be purchased as part of a package or separately. These include hosting, content updating and search engine submissions.
2. These packages are quoted for either on application or at time of quoting for a full project.
3. Hosting, support and updating services are annually renewable, package start dates are based on when the package or domain name is first registered and not when the web project goes live.
4. Our content update service refers to any content, photographs or text which replaces any current content. It does not extend to producing new sections or pages unless otherwise noted.
5. Quoted prices generally stay the same year on year but can change depending on the amount of content updated, additional sections added, bandwidth or web space used.
6. Monthly we submit clients sites to search engines however, we cannot guarantee inclusion or accept responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client’s web site.
7. Hosting support and updating packages are renewed annually, invoices are provided approximately one month before the renewal date, however our usual payment terms apply from the invoice date.
8. Customers wishing to cancel a hosting, support or updating package must inform us before the invoice date otherwise full annual payment will be required, though a termination price of no less than three months hosting for customers wishing to transfer their site after renewal date at our discretion.
9. No partial refunds will be given for hosting, servicing or updating packages cancelled during the current agreements time period.
10. We provide free courtesy SMTP facilities for the sending of email. Shared hosting SMTP reputation is occasionally effected by one customer sending spam or suffering a password breach which is completely beyond our control. No guarantee is provided that emails sent using this free service will arrive at their destination. We recommend using the SMTP servers provided by your internet service provider and can also advise on hosted exchange services.
11. Using our SMTP service to send mass marketing messages is prohibited and could lead to a termination of your hosting account.
12. While we and our hosting partners take many steps to ensure that clients sites are always backed-up it is the clients responsibility to inform us when they make a change to the site so that we can then backup that specific part. For example databases of database driven sites.
Visits to clients premises
1. We will visit any premises in Greater Belfast, and County Down free of charge for a no obligation consultation. Any further visit may be charged at our mileage rate of 30 pence per mile return at our discretion.
2. Any additional meeting time of the web development project will be included in the initial quoted price, the client will not be charged any extra. Any time spend on any other job, for example computer setup / repair may be charged at our hourly rate of £30 Per Hour at out discretion.
Limitation of Liability
1. The following provisions set out our entire financial liability (including without limitation any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
(a) any breach of this Contract howsoever arising;
(b) any use made by you of the services or products we provide or any part of them; and
(c) any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including without limitation negligence) arising under or in connection with this contract.
2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this contract.
3. Nothing in these conditions excludes our liability:
(a) for death or personal injury caused by our negligence; or
(b) for fraud or fraudulent misrepresentation.
4. Subject to condition 2. and condition 3. above:
(a) we shall not in any circumstances be liable, whether in tort (including without limitation for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent) or otherwise for:
(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill or similar losses; or
(iv) loss of anticipated savings; or
(v) loss of goods; or
(vi) loss of contract; or
(vii) loss of use; or
(viii) loss or corruption of data or information; or
(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
(b) our total liability in contract, tort (including without limitation negligence or breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this contract shall be limited to the price paid for the services in any one calendar year.
1. If any provision of this contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
By agreeing to these terms and conditions your statutory rights are not affected.
Ardnet Online Limited will reserve the right to alter any of the above terms and conditions at any time.