Terms of Service
Please read the following Terms of Service (TOS) carefully. You will be required to agree to these before I begin any work for you, or provide you with hosting, or supply any other service to you.
Definition of Terms
- This business refers to Websites by Webmist.
- Client refers to the person engaging the services of this business, including any person doing so on behalf of a company, business or organization.
- Work refers to any service provided by this business or that a client might contract this business to provide.
- Web Project Contract refers to the agreement signed by the client and this business prior to any work commencing on a website.
- Web Design Project refers to the scope of work in providing a website, which will be detailed as part of the contract.
- Web Design refers to the design and creation of the web pages that make up the website.
- Domain Name refers to the address that people will type in to reach the website.
- Domain Name Registration refers to a formal registration of the name used for the website address, for which payment and renewal is required.
- Web Hosting refers to the service that "hosts" the files (web pages) that make the website, and makes it visible to the world on the internet. Websites by Webmist can arrange web hosting of clients' websites or transfers of existing websites..
- Moving or uploading your files refers to moving all the website files onto the hosting server, so that they become visible on the internet, and also ensuring that all functions work properly.
- Website Maintenance refers to ongoing care, editing and updating, of a website. In the case of a new website provided by this business, short-term or ongoing maintenance can be part of the Contract signed between the client and the business. Otherwise,as in the case of sites transferred to us, this is a separate cost and will incur an extra charge, dependent on how much maintenance is required.
- Self - Managed refers to the ability of a client to upload content to his/her own website. This business can provide a website that is easily self-managed including the ability to update from within the website itself.
Terms of Payment
- Web Design projects shall be paid progressively, beginning with a 50% deposit at the time the contract is signed and progressive payments as are mutually decided. Payment terms will be part of the contract we would co-sign with the client.
- All web design payments must be finalised before the web files will be uploaded to the server which will host the files, or files provided to the client. N.B. Until such payment is received, clients will be able to see the developing site from within the busines's own website.
- Web hosting provided by this business shall be paid 12 months in advance and thereafter 12 months in advance.
- Domain name registration and SSL certificates require full payment in advance.
- All other charges incurred for any other services provided to the client shall be paid on the 30 day invoice provided to the client.
- Important: Clients who fail to pay their hosting invoices on time (remember that they are payable in advance) risk having their websites taken offline. As we would hate this to happen we will send reminders once an invoice is overdue.
- Note that failure to pay within the 30 days after the due date of the invoice will lead to removal of files from the server and there will be a $40 payment to reinstate the website on payment of the invoice.
- INTELLECTUAL PROPERTY RIGHTS means all know-how, trade secrets, trademarks, copyrights, and patentable inventions, including materials such as notes, designs, technical data, ideas, know-how, research, reports, documentation and other information related thereto.
- WEB DESIGN: The client agrees that it shall defend, indemnify, save and hold Websites by Webmist harmless from any and all demands, liabilities, losses, costs and claims, including legal costs (on an indemnity basis or solicitor/client basis, whichever is higher) claimed or asserted against Websites by Webmist that may arise or result from any service provided or omitted, performed or agreed to be performed or any product sold by the client, its agents, employees or representatives. The client agrees to defend, indemnify and hold harmless Websites by Webmist against liabilities arising out of any material supplied by the client which infringes on (1) the proprietary rights of a third party; (2) on intellectual property rights of a third party, or (3) is a copyright infringement.
- WEB HOSTING: Websites by Webmist will not be held liable for damages resulting from any interruption of service except up to but not exceeding,the amount of the charges payable by the Customer for services during the period damages occurred.
- NOTE THAT UNLESS WEBSITES BY WEBMIST IS BEING PAID TO MAINTAIN AND MANAGE THE WEBSITE THAT IS BEING HOSTED, this business is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the servers.
REVISIONS OF THIS TERMS OF SERVICE POLICY. Websites by Webmist reserves the right to revise, amend, or modify this TOS and our AUP (Acceptable Use Policy) at any time and in any manner. Clients will be notified in writing via email if any changes are made to an AUP or TOS to which they have previously agreed.