Flexxit Design - Terms and Conditions
Our terms and conditions shall apply to the agreement between Flexxit Design and the individual or company applying for the provision of the services from Flexxit Design. It is hereby agreed that:
1. Definitions
1.1 In this Agreement, the following expressions shall have the following meanings:
“Customer"
this means any individual retaining the services of flexxit design.
“Contract"
this means a contract for the provision of the Services which arise from the acceptance by Flexxit Design of an order and which shall be on and subject to these terms and conditions;
"Web Design Services"
this means the completion of a web design or development package specified by Flexxit Design in accordance to the information supplied by the customer.
"Domain Name Registration"
this means the processing of Orders with the Relevant Naming Authority on the Customers' behalf and such additional services as may be agreed between the parties;
"Web Hosting"
this means the website hosting services processed by Flexxit Design with Relevant Hosting Authority;
"Material"
this means, text, graphics, images, sound, video or any combination thereof.
2. Payment and Services
2.1 Domain names will be registered for the period specified at the time of ordering, and are renewable by the Customer 4 weeks before the end of the initial paid-for period, at the then current renewable rates, as published on Flexxit Design’s Website from time to time.
2.2 For Website hosting the minimum period will be 12 months, at the rate specified in Flexxit Design’s price list as published on the Flexxit Design Website from time to time.
2.3 Our Web design services are applied at the rate specified by Flexxit Design and may be agreed either verbally or within a quotation supplied to the prospective Customer. Additional fees will be applied if extra services are requested.
2.4 If a Customer fails to pay any invoice which is due and payable under this Agreement without discussions of any extenuating circumstances the Customer may be under then Flexxit Design shall be entitled to charge interest on a daily basis on the overdue amount.
2.5 The Customer acknowledges that the provision of Services (Web design, development and/or hosting services) are subject to an initial payment of 50% of the agreed fees before work commences. Completed services and the release there of are conditional on Flexxit Design receiving the remaining 50% payment of the agreed fees in full. In the event of non payment of the agreed Fees or any suspected fraudulent activity in relation to payment of the agreed Fees by the Customer, Flexxit Design reserves the right forthwith to withhold, suspend or cancel the Services without further obligation to Customer. Domain names, once registered, are unable to be cancelled or changed.
2.6 Flexxit design will generate an invoice with relation to hosting and/or domain names 4 weeks prior to renewal unless otherwise instructed by the Customer in reference to clause 3 below. Hosting once renewed can be cancelled but will not be subject to any refund. All invoices for work completed are delivered via electronic email and can be viewed through your assigned login at our Client Portal . The Customer has sole responsibility for checking the receipt of all emails sent. Flexxit design does not send out hard copies by post.
Please note: Digital Communications. All official communication regarding your services, invoices, renewals, and important updates will be sent via email. It is your responsibility to ensure that you regularly check your email and are able to receive communications from us. Please inform us promptly if your email address changes.
3. Cancellation by Customer
3.1 Orders for registration or renewal of domain names may not be cancelled after Flexxit Design has submitted the registration or renewal request to the appropriate registrar.
3.2 In the event of cancellation or termination by the Customer of Web Hosting part way through the minimum contract period, no refunds will be entered into.
3.3 Customers have the right to cancel orders for web design services at any point during the process. Instructions for cancellation must be made in writing. Charges will be applied for work already undertaken.
4. Domain Name Registration
4.1 Subject to reasonable endeavours to contact a Customer prior to the domain name registration renewal date(s) at the e-mail address provided by the Customer, Flexxit Design will have no involvement in, or responsibility for Customer's use or retention of a domain name once registered.
4.2 It is the Customer's responsibility to pay any and all renewal charges to the relevant registry in respect of each domain name registered by Flexxit Design on the Customer's behalf.
5. Web Hosting (including web forwarding)
5.1 Customer acknowledges and accepts that it bears sole responsibility, legal and otherwise, for the content of all Material appearing on its Website. For the avoidance of doubt, this clause shall apply to all Material, whether posted on Customer's Website by or on behalf of Customer (whether by Flexxit Design or a third party).
6. Web Design
Customer recognises and accepts that:
6.1 Submission of confirmation either via e-mail or written signifies the customer has entered into a binding contract with Flexxit Design for web design services. This contract excludes any additional services the customer has purchased from Flexxit Design in relation to domain name registration and hosting packages.
6.2 Any additional services requested after the submission of the order, which are not included in the original order or not part of the package as detailed by Flexxit Design, will be subject to a separate quotation and charged accordingly. Please note that there is a minimum charge of £10.00 for any edits or amendments, regardless of the time involved.
6.3 It is the customer's responsibility to give clear instructions to Flexxit Design and all necessary information. The customer must ensure that all the information is complete and accurate. This includes all content and information to be included in the web site. Any changes to the specifications or to the content submitted prior to the completion of the design by Flexxit Design may incur additional charges.
6.4 Any modifications customers require after the finished web design is handed over to the customer, must be made in writing or by email. Customers will incur a maintenance fee for any changes.
6.5 Invoices may include any fees or expenses that were authorised verbally in order to expedite a project.
7. E-mail Services (including e-mail forwarding)
7.1 Flexxit Design will use its reasonable endeavours to ensure that messages are routed accurately and promptly but does not accept any liability for non-receipt, non-delivery or misrouting of e-mail or any other failure of the e-mail system.
8. Third-Party Requests for Web Development Work
8.1. In situations where Flexxit Design provides web development services to a primary Customer (Client 1) with the understanding that the services may also benefit a third party, Flexxit Design acknowledges that such third parties may request copies of the web development work for redundancy or related purposes.
8.2. Any request made by a third party for copies of the web development work shall be subject to the following conditions:
8.2.1. Client 1 (the primary Customer) must have settled all outstanding fees and invoices related to the provided web development services.
8.2.2. Flexxit Design reserves the right to obtain written consent from both Client 1 and the third party, acknowledging the purpose for which the web development work will be used and any related terms and conditions, including a Redundancy Clause.
8.3. Flexxit Design shall not be held responsible for any disagreements, disputes, or conflicts that may arise between Client 1 and the third party regarding the provision of web development work or the fulfilment of the third party's requests.
9.0 Limitation on Resale Markup
9.1 Purpose and Scope: This clause outlines the limitations on the resale markup that can be applied by the Client (hereafter referred to as "Reseller") when charging third-party clients for services originally rendered by the Service Provider (hereafter referred to as "Provider"). The purpose is to ensure market competitiveness and uphold the perceived value of the services.
9.2 Markup Limit: The Reseller agrees that any markup added to the fees charged for the Provider's services, when reselling or subcontracting these services to a third party, shall not exceed 40% of the original cost charged by the Provider.
9.3 Rationale: This limitation is imposed to ensure that the final price to the end client is fair, competitive, and reflective of the quality of the services provided by the Provider and any additional value added by the Reseller.
9.4 Compliance and Consequences: The Reseller acknowledges that adherence to this markup limit is essential. Exceeding this limit may prompt a review of the contractual agreement between the Provider and the Reseller, and potentially, the application of penalties as outlined in subsequent clauses.
9.5 Commitment to Fair Business Practices: Both the Provider and the Reseller agree to uphold transparent, fair, and mutually beneficial business practices, ensuring the best interests of all parties, including end clients, are served.
10.0 Penalty for Excess Markup
10.1 Penalty Conditions: In the event that the Reseller charges a markup exceeding the 40% limit as stipulated in Clause 9.2, a penalty will be incurred.
10.2 Penalty Calculation: The penalty will be calculated as the total amount exceeding the agreed 40% markup. This excess amount will be divided equally between the Provider and the Reseller.
10.3 Penalty Distribution: Upon identification of the excess markup, the Reseller shall remit the Provider's share of the penalty amount within 30 days of such identification.
10.4 Rationale for Penalty: This penalty is imposed as a deterrent against unapproved markups and as compensation for potential impacts on the Provider's market positioning and client relations.
10.5 Amendment and Waiver: This penalty clause is subject to amendment or waiver only upon written agreement by both the Provider and the Reseller.
11.0 User-Friendly Summary of Terms
11.1 Purpose: This section provides a simplified summary of our key terms and conditions to enhance understanding. Please note, this summary does not replace the detailed terms found above.
11.2 Services Overview: We offer web design, domain name registration, and web hosting services. The specifics of these services are outlined in the earlier sections of this agreement.
11.3 Payments and Fees: Payments for services are due as specified in the agreement. A 50% initial payment is required for web design services, with the remainder due upon completion. Details regarding payments for domain name registration and web hosting are provided in Section 2.
11.4 Cancellation Policy: You may cancel certain services under specific conditions. However, domain name registrations and renewals, once processed, cannot be cancelled. Detailed cancellation policies are described in Section 3.
11.5 Markup Limitation: Any third-party reselling our services is restricted to a maximum markup of 40% on our original fees. Exceeding this limit incurs penalties as explained in Sections 9 and 10.
11.6 Communication: We primarily communicate through email. It is your responsibility to check your email regularly for any communication from us, as detailed in Section 2.6.
12.0 Dispute Resolution
12.1 Purpose: This section outlines the process for resolving any disputes that may arise under this agreement.
12.2 Initial Resolution Efforts: We encourage direct communication to resolve disputes amicably. Please contact us with any concerns or issues regarding our services.
12.3 Mediation and Arbitration: If a dispute cannot be resolved through direct communication, we may seek to resolve it through mediation or arbitration, where an impartial third party will assist us in reaching a mutually acceptable agreement.
12.4 Legal Proceedings: If mediation or arbitration does not resolve the dispute, legal proceedings may be necessary. These proceedings will be conducted in accordance with the laws of England and any legal action must be brought in the courts of England.