STANDARD TERMS AND CONDITIONS
FOR SUPPLY OF SERVICES OF
RENT THE WEB
The Client - the entity which enters into a contract with RENT THE WEB Domain Name - the root address of a website, e.g. www.webaddress.com.
Downtime - time when the website is not accessible via the Internet. This may be because of a technical failure of the Host or because work is being carried out on the site.
Host - the company on whose system the Website physically resides.
Link, Hyperlink - a 'clickable' link embedded on a web page which may take the form of a graphic or text.
Search Engine - a website which contains a directory of websites on the Internet enabling users to find websites by subject matter classification.
Website - a collection of web pages and associated code which forms an integrated presence. The Work - the subject matter of the contract between the Client and Rent The Web
1. BASIC AGREEMENT
1.1 Ownership
All services purchased from Rent The Web remain the property of Rent The Web. If a Client leaves their contract, the website, domain and content will remain in the ownership of Rent The Web. The Client may offer to purchase the information or domain from Rent The Web but Rent The Web has no obligation to do so.
1.2 Length of contract
The Client agrees to use Rent The Web for 12 months. However the client may ask to leave this contract after 6 months. If the Client leaves before 12 months they will be required to pay a cancellation fee of £50. If a client leaves before 6 months they will be charged for the remaining months of the contract. After 12 months the contract will go into a periodical state and one months written notice will be required to cancel the contract.
2. FEES
2.1 Fee Payable
A non refundable deposit of £50 is payable immediately upon the signing of the contract. Rent The Web reserves the right not to begin the Work until the said deposit has been paid in full.
2.2 Payment
Payment for the services purchased will be due on the 1st of each month relating to the previous month (see 4.4). Any new service purchased will incur full charge for the month in which it is purchased even if it is close to the end of that month.
2.3 Technical Support
Any support out of the clients monthly free allocation will be charged at £25 an hour unless extra support package is purchased and will be billed at the end of the month. Technical support allocations cannot be carried over to the next month.
3. DISCLAIMERS
3.1 Third Parties
Rent The Web can take no responsibility for services provided by third parties through us or otherwise, including the Hosting of the Client's Website, although Rent The Web will endeavour to ensure that Website downtime is kept to a minimum.
3.2 Content
Rent The Web takes no responsibility for content in any clients websites. Any ilegal content or content that violates copyright laws is the responsibility of the client.
3.3 Extent of Work
Installation on the Internet is limited to the uploading of all necessary files to the Host, and testing of functionality.
3.4 Consequential Loss
Under no circumstances will Rent The Web be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure.
Rent The Web offers a weekly back-up facility for a small extra charge. Speak to your representative for more details
3.5 Status and Duration of Offers
Proposals and offers are valid for a period of one month from the date issued. Rent The Web is not bound to honour offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the month that the offer is valid. If an acceptable timetable has not been approved by both parties within one month of the offer being made, the offer is deemed to have expired.
3.6 Search Engine Listings
Rent The Web does not guarantee listings on Search Engines and the Client accepts that it is Search Engines and not Rent The Web who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines and that a new website may never even appear on Search Engines at all. Rent The Web does not control Search Engines’ algorithyms and huge shifts can appear daily, weekly and even hourly.
4. COMPLETION OF WORK AND PAYMENT
4.1 Supply of Materials
The Client is to supply all materials and information required for Rent The Web to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client's failure to supply such materials leads to a delay in completion of the work, Rent The Web has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client's failure to supply materials prevents progress on the Work for more than 21 days, Rent The Web has the right to invoice the Client for any part or parts of the Work already completed.
4.2 Approval of Work
On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Rent The Web, in writing, of any unsatisfactory points within 7 days of receipt of such notification. Any of the Work which has not been reported in writing to Rent The Web as unsatisfactory within the 7 day review period will be deemed to have been approved.
4.3 Rejected Work
If the Client rejects the Work within the 7 day review period, or will not approve subsequent Work performed by Rent The Web to remedy any points reported by the Client as unsatisfactory, and Rent The Web considers that the Client is unreasonable in his/her repeated rejection of the Work, the contract will be deemed to have expired and Rent The Web can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
4.4 Remedies for Overdue Payment
If payment has not been received by the due date, Rent The Web has the right to suspend ongoing work for the Client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 21 days after the due date, Rent The Web has the right to replace, modify or remove the Website and revoke the Client's licence of the Work until full payment has been received. By revoking the Client's licence of the Work or removing the web site from the Internet, Rent The Web does not remove the Client's obligation to pay any outstanding monies owing.
5. INTELLECTUAL PROPERTY
5.1 Offers and Proposals
Offers and proposals made by Rent The Web to potential clients should be treated as trade secrets and remain the property of Rent The Web. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from Rent The Web. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
5.2 Warranty by Client as to Ownership of Intellectual Property Rights
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Rent The Web for inclusion on the Website. The conclusion of a contract between Rent The Web and the Client shall be regarded as a guarantee by the Client to Rent The Web that all such permissions and authorities have been obtained and that the inclusion of such material on the Website would not constitute a criminal offence or civil delict. By agreeing to these terms and conditions, the Client removes the legal responsibility of Rent The Web and indemnifies the same from any claims or legal actions however related to the content of the Client's site.
5.3 Domain Name
Any domain being used for the client’s website will be fully controlled by Rent The Web. The client will remain the owner of the domain and if a client decides to leave Rent The Web, it will be transferred into their control. Under no circumstances will Rent The Web give the client control of the domain whilst they are still in a contract.
5.4 Trade Secrets
Any code that is not freely accessible to third parties and not in the public domain, and to which Rent The Web or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from Rent The Web. Unless previously agreed otherwise in writing, no modifications may be made by the Client or any third party to code to which Rent The Web or their suppliers owns the copyright. Rent The Web acknowledges the intellectual property rights of the Client. Information passed in written form to Rent The Web, and that the Client has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the Client.
6. RIGHTS AND RESPONSIBILITIES
6.1 Right to Terminate
Rent The Web reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.
6.2 Events Beyond the Control of Rent The Web
Rent The Web will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Rent The Web.
6.3 Supply and Pricing of Services
Rent The Web reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.
7. INTERPRETATION
7.1 Jurisdiction
This Agreement shall be governed by the laws of England which shall claim venue and jurisdiction for any legal action or claim arising from the contract between Rent The Web and the Client. The said contract is void where prohibited by law.
7.2 Survival of Contract
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
7.3 Change of Terms and Conditions
These terms & conditions may change from time to time. The Client will be informed of revisions as and when they are issued.
Standard Terms and Conditions V1 13th June 2007