We will always do our best to fulfil your needs and meet your goals, and the Terms of Business and other Website Policies are defined so that we both understand each others responsibility, and what happens in the event something goes wrong.
In this page you will find all of our documents in one place – you will not find complicated legal terms or large passages of unreadable text.
We have no intention to trick you into agreeing into a contract that you might later regret. We want what is best for the safety of both parties, now and for in in the future.
Terms of Business
- US/WE/OUR – The Mayne Design
- YOU/YOUR – The Client
WE will carry out work when instructed verbally or by written form by YOU, not restricted to email, telephone, fax, letter or face to face conversation. Updates will not be transacted via anonymous and unverified instant message.
2. Liability for Losses
We will not be liable for any losses incurred due to malfunction or failure of any of the services rendered or resold by US to YOU.
It YOUR responsibility to test and confirm any work completed by US – work is considered as completed, tested and accepted by YOU if there is no feedback within 5 business days after notification from US that the changes have been deployed to YOUR website.
4. Additional Enhancements
WE may choose to complete additional work for YOU at no cost. This may include enhancement to security of YOUR website, the implementation of additional feature(s) and function(s), or the upgrade of themes and the enhancement of graphics.
5. Trial Features
From time to time, after WE agree with YOU, WE may enable additional feature(s) or function(s) for YOU to trial on YOUR website at no additional cost. After the agreed trial period has completed, if YOU decide not to proceed with the additional feature(s) or function(s) WE will remove them and no cost will be due to YOU. Should YOU decide to continue with the features then the payment at the agreed cost will be due.
6. User Updates
Should YOU update YOUR website and cause an issue resulting in excessive bandwidth use, outage, or accidental deletion or other problem, after agreement with YOU, WE will charge OUR published Hourly Rate to rectify the issue and charge any other reasonable costs once agreed with YOU such as increase in allocated transfer or dedicated server.
7. Login Details
YOU will keep YOUR login and password details secure and not share with anyone. Your password should be of at least 10 characters in length, not contain any dictionary words or phrases and contain at least 2 numbers. YOU will not use YOUR Login/Password on (a) computer not owned by YOU (b) on a public computer (c) a computer connected via insecure or communal/shared wireless connection. YOU will not re-use the password used on YOUR website to access or login to other websites. Should YOUR website become damaged and the web server logs prove YOUR Login and password was used to damage the website then after agreement with YOU, WE will charge OUR published Hourly Rate to rectify the issue.
8. Transfer/Bandwidth Limits
Should YOUR website exceed the monthly quota of data transfer as published then YOUR website will display a message to say the Transfer/Bandwidth has been exceeded. Additional Transfer/Bandwidth can be be provided, please contact US to arrange this.
9. Website Availability
Should YOUR website experience an outage or malfunction please inform US by email or telephone with the time of the outage, screenshots of the issue, and information to allow US to recreate the problem. Should the outage or malfunction result in the total unavailability of YOUR website for an extended period, WE will investigate with the hosting company. Should the outage be due to OUR or our hosting companies error, website rental refunds can be claimed pro rata against YOUR yearly rental cost and should be claimed within 5 business days of the resolution of the issue.
10. Project Timelines
WE will agree with YOU the project deadlines and milestones for the completion of tasks. Should the timeline or deadline be missed due to materials from YOU not being delivered to schedule then YOU will agree with OUR revised schedule and make payment for work completed to date. Should WE miss the deadline or milestone then WE will not be liable for any consequential loss or damage such as but not limited to loss of earnings, loss of revenue or other compensation.
11. Requirements Changes and Additional Costs
Requirements can and do change, but if changes to YOUR original requirements requiring US to redo work may result in additional costs. YOU will be charged at OUR published Hourly Rate and redoing work may impact the Project Timeline.
12. Browser Compatibility
WE will endeavour to ensure compatibility with and current web browsers including Firefox, Safari and Internet Explorer. YOU need to be aware that certain function or rendering may not be compatible or identical across all browsers or platforms due to differences in the implementation of standards across different vendors. We want to specifically advise we do not support Internet Explorer 6 (IE6) or earlier as part of a standard deployment. If IE6 and earlier is important to you please state this as an initial requirement.
13. Search Engine Optimisation (SEO)
It is impossible for any company to guarantee ‘organic’ (non-advertising paid) SEO positioning and ranking of YOUR website within internet search engine results. SEO positioning can and does change on a daily basis. Basic SEO can be provided as part of YOUR website setup. No refunds will be provided if the results do not meet YOUR needs. Should YOU require guaranteed search engine results then YOU agree to use advertising paid programs such as Google Adwords.
Specifications on this website of the products and services offered are not formally binding and are intended to give a general description of the product and service. Should YOU have any queries over a specification or what is, or is not included, please contract US prior to YOUR order to clarify what will be provided.
All orders placed through OUR website will be subject to OUR acceptance of the order. Your order will be accepted by US (and a contract will then be formed between YOU and US) when the requirements for the product or service are formally agreed by both US and YOU and the work has started.
15. Payment Methods
Payment can be made by Cheque, Bank Transfer, Cash, Visa, Mastercard, Maestro, or PayPal. A fee may apply for a card transaction.
16. Payment Terms
Payment terms are 14 days unless otherwise agreed in writing. We will exercise OUR statutory right to claim interest (at 8 per cent over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment Legislation if WE are not paid within the agreed term. After 7 days of past the payment term and non-payment, websites and services may be disabled with no further notice to YOU. After 28 days of non-payment YOUR website and services may be deleted with no further notice to YOU. Should an invoice become overdue then the Website Warranty will become void. Should an invoice become overdue then any free or complimentary services including Free Website Hosting will be void.
For larger projects a deposit will be required prior to work starting. For small to medium websites, full payment will be due once the scope of work is agreed unless otherwise agreed in writing.
Should either party decide to terminate the agreement this can be done with 30 days notice subject to the completion of the minimum term or payment in lieu of. Website Hosting, Maintenance etc will be refunded pro rata should WE terminate, if YOUR website is hosted using ‘Free Features’ such as complimentary years Warranty/Hosting maintenance etc then no refund will be due for the Free items. If WE have not started work on YOUR project any deposits paid for work will be forfeit. If YOU terminate and WE have started work on your project and then you will be liable to pay up to full invoice amount of the Project unless we can backfill the time allocated to another project. In the event of that YOU terminate a project then WE are under no obligation to provide YOU with with partially or fully completed project. Should an existing contract expire without being renewed by YOU then should YOU wish for a new contract to be put in place the new contract willl use current pricing and any pre-agreed rates will be void. Unless otherwise stated in the contract, termination of services does not attract a fee. Reinstatement of services following a termination are charged at PAYG x2 rate with a minimum of 1 hour plus any additional costs incurred. On termination YOU do not take ownership of webservers/services provided by US.
19. Copyright and Ownership
Database files, backup data, and source files remain OUR intellectual property, along with all resulting XHTML/HTML/CSS code, animations, and graphics created by US. You are licensed to use the XHTML/HTML/CSS code, animations, and graphics on YOUR website for the one domain name only for the duration of the website hosting period. YOU will indemnify us against any claim for improper use of copyrighted materials such as graphics/videos/text/graphics/trademarks/sound files or other artwork and guarantee that you own the copyright or have permission from the copyright holder to use the elements. WE may choose to include a link at the footer of each page of YOUR website linking to OUR website and reserve the right to display YOUR website as part of OUR portfolio. Should YOU require full Copyright and Ownership then you must advise us at the outset.
WE reserve the right to subcontract part of YOUR project to a third-party who may reside outside of the European Union.
21. Website Hosting
YOUR website will be developed and deployed on OUR selected website hosting servers. Should YOU require YOUR website to run from YOUR existing servers YOU will advise this as part of the initial requirements submission. If YOU choose to host YOUR website on YOUR servers YOU are responsible for all technical aspects of the hosting work relating to YOUR website including Domain Name Servers (DNS) setup, server setup, backup, deployment, updates and maintenance and all technical aspects of the new site. Should YOUR new website not function correctly on YOUR server WE will perform initial investigation and if the issue is due to the configuration of YOUR server then any further work required by us to interlock with YOUR Technical Team or for changes to the website will be charged at our published hourly rate.
22. Domain Names
Should YOU wish to transfer in your domain name to US please contact US for the IPS tag to transfer to. If you want US to complete the transfer of YOUR domain name from YOU to US then this will be charged at our published Hourly Rate plus any fees your existing Registrar may charge for the transfer. Should you wish to own and manage YOUR own domain name then YOU are responsible for renewals and YOU are responsible for managing the Domain Name System (DNS) records. Should YOU wish to retain ownership of your domain name in a different Domain Name Company but want US to manage the DNS records then this is charged at our published Hourly Rate. If you want US to own, renew, and maintain the DNS records this can be included with YOUR website yearly rental. Unless you specifiy otherwise Domain Names will be registered to your company. Domain Name transfers out are free although may be subject to a registrar charge and YOUR account must be settled in full and there must be a valid and current contract in place between US and YOU.
23. Website Warranty
Websites that are hosted on OUR servers using domain names that are controlled by US may be eligible for a Website Warranty. Website Warranty term is valid for the term specified in the invoice. The Website Warranty will resolve problems with the core functionality of YOUR website. Website Warranty does not cover updates to website content and the Website Warranty does not cover additional function added to YOUR website after the initial deployment unless the new functionality specifically has an extension of Website Warranty defined in the new invoice. Should we resolve an error under the Website Warranty and the problem is found to have originated due to YOUR error or then YOU will be billed at our standard hourly rate which is stated on OUR website. Website Warranty does not cover changes made by a 3rd Party Service/Partner that could impact function of your Website (i) for example if an API (the communication language between two servers) changes or a 3rd Party Service’s features changes or is discontinued then this is outside the scope of Website Warranty (ii) for example if a vendor that provides software used on your website changes their terms or discontinues a software product then Website Warranty for that component is no longer valid. Website Warranty is not an alternative to user testing (please see condition ‘3. Testing’). Should YOUR website control panel credentials be shared with a third-party, or the website control panel accessed by a third-party then the Website Warranty will become void.
24. Business to Business Clients Only
WE work Business to Business only (B2B) and do not provide services for private individuals. B2B includes Limited Companies, Registered Charities, Non-for-profit Organisations, Sole Traders and Partnerships. If YOU are a non-trading private individual YOU must inform us in YOUR initial contact.
25. Terms Survivability
This Website and any contract are governed by English Law. If any part of the Conditions are deemed unlawful, void, or unenforceable, that provision will be severable from the Terms of Business and will not impact the validity and enforceability of any of the remaining Terms. Each item of the Terms of Business will survive even if for any reason one or other of those Terms is held to be deemed unlawful, void, or unenforceable.
26. Blog Comments
Comments YOU make on our Blog are your own responsibility. Should WE be subject to court order due to YOUR comment(s) on our Blog, we may pass on identifying information such as IP address and email address to the court. WE reserve the right to delete YOUR comment(s) at OUR own discretion.
27. Changes to the Agreement
We may change this agreement from time to time without notice from YOU, please review them regularly. YOU are deemed to have accepted changes to this agreement and the current version if YOU make a payment of an invoice or otherwise agree to these Business Terms through an Intent to Proceed. Should YOU wish to be notified when a change is made to this agreement please contact US stating that YOU wish to be informed. Please print a copy of this agreement for YOUR reference.
Version: March 2016
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
2. These terms and conditions
These terms and conditions were made using an SEQ Legal precedent created for http://www.template-contracts.co.uk and available on http://www.website-law.co.uk.
3. Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages and other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution such as our newsletter.
4. Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
5. Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
6. User generated content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
7. Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
8. Limitations and exclusions of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
10. Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
15. Entire agreement
16. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
18. Our details
Our contact details are here.
19. Affiliate Links
Some URLs may contain affiliate links.
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
2. What information do we collect?
We may collect, store and use the following kinds of personal information:
(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation and associated details).
(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services
(c) information that you provide to us for the purpose of registering with us
(d) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters
(e) any other information that you choose to send to us; and
(f) other associated information
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may use both “session” cookies and “persistent” cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website; and other associated uses. We will use the persistent cookies to: enable our website to recognise you when you visit; and other associated uses.
Our advertisers, support, and payment services providers may also send you cookies.
4. Using your personal information
We may use your personal information to:
(a) administer the website;
(b) improve your browsing experience by personalising the website;
(c) enable your use of the services available on the website;
(d) send to you goods purchased via the website, and supply to you services purchased via the website;
(e) send statements and invoices to you, and collect payments from you;
(f) send you general and non-marketing commercial communications;
(g) send you email notifications which you have specifically requested;
(h) send to you our newsletter and other marketing communications relating to our business which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications)
(i) provide third parties with statistical information about our users – but this information will not be used to identify any individual user;
(j) deal with enquiries and complaints made by or about you relating to the website; and
(k) other uses
Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
Our website may have links to external social networks or external authentication websites such as Facebook, Twitter, Google and others – these external websites have their own policies.
In addition, we may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling; and
(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
6. International data transfers
Information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Economic Area.
In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
You expressly agree to such transfers of personal information.
7. Security of your personal information
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
Data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
8. Policy amendments
9. Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to:
(a) the payment of a fee (currently fixed at £10.00); and
(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
We may withhold such personal information to the extent permitted by law.
You may instruct us not to process your personal information for marketing purposes by email at any time. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal information for marketing purposes.
10. Third party websites
11. Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
13. Data controller
The data controller responsible in respect of the information collected on this website is The Mayne Design.
1. Ownership of copyright
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by us and our licensors.
2. This copyright notice
This copyright notice was made using an SEQ Legal precedent created for http://www.publishing-contracts.co.uk
3. Copyright licence
We grant to you a worldwide non-exclusive royalty-free revocable licence to:
(a) view this website and the material on this website on a computer or mobile device via a web browser;
(b) copy and store this website and the material on this website in your web browser cache memory; and
(c) print pages from this website for your own personal and non-commercial use.
We do not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without our prior written permission.
4. Data mining
The automated and/or systematic collection of data from this website is prohibited.
You may request permission to use the copyright materials on this website by Contacting Us.
6. Enforcement of copyright
We take the protection of our copyright seriously.
If we discover that you have used our copyright materials in contravention of the licence above, we may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of our copyright materials that contravenes or may contravene the licence above, please report this by Contacting Us.
7. Infringing material
If you become aware of any material on our website that you believe infringes your or any other person’s copyright, please report this by Contacting Us.