9G terms & conditions

Working with 9G Websites

The following terms and conditions apply to all projects and services provided by 9G Limited to the Client. 9G Websites is a trading name of 9G Limited.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges

Charges for services to be provided by 9G Limited are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. 9G Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty three (33) percent is required after the development stage, with the remaining thirty three (33) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by bank transfer or GoCardless direct debit payment only.

Bank details will be made available on invoices.

Client Review

9G Limited will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies 9G Limited otherwise within ten (10) days of the date the materials are made available to the Client.

Turnaround Time and Content Control

9G Limited will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon 9G Limited receiving initial payment, unless a delay is specifically requested by the Client and agreed by 9G Limited.

In return, the Client agrees to delegate a single individual as a primary contact to aid 9G Limited with progressing the commission in a satisfactory and expedient manner.

During the project, 9G Limited will require the Client to provide website content; text, images, movies and sound files

Project overruns

Your website, design or marketing project has to be finished and live within 90 days of the start date or invoice date. If the project overruns 9G are not obligated to complete it and may only provide a copy of the unfinished work. Additional fees may incur after 90 days of the start date to complete it.

Failure to provide required website content:

9G Limited is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system you are able to keep your content up to date yourself.

Payment

Invoices will be provided by 9G Limited upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

Non-payment of outstanding invoices

If you do not pay an outstanding invoice due to 9G within 30 days we have the right to pause any services provided by us to your business or any other business related to you. These services include domains, website hosting and email hosting until the debt is cleared.

If the outstanding debt isn’t cleared within 30 days we have the right to give you an additional 30 days’ notice via email that we will cancel any connected service to your business or any other related business. This means that any historical email data will be deleted and your domains will go back onto the market.

9G Limited will not release any domains or website copies or give access to your domain, email or website until your outstanding debt has been cleared.

Transferring of your domain and copies of your websites can be completed after you have cleared your debts with us but, there will be a £50+vat charge for this work.

There will be additional fees incurred to reactivate these services once your debt has been cleared.

If 9G Limited start a money claim to recover any debt owed by you, you will be liable for extra time and fees involved.

Additional Expenses

Client agrees to reimburse 9G Limited for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

Online payments

Online payments can be initiated via our website and completed externally using GoCardless. Privacy and terms for GoCardless services are covered on their website:

Web Browsers

9G Limited makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 10+, Google Chrome, etc.). Client agrees that 9G Limited cannot guarantee correct functionality with all browser software across different operating systems.

9G Limited cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, 9G Limited reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Website care plan

Your care plan will be detailed in your agreement. No website care plans include website recovery service unless stated on your agreement or monthly invoice.

Third-party software and plugins

We provide services that include 3rd party software/plugin licences. We have the right to cancel these licences and will give you 30 days’ notice prior to this.

We are not liable for any downtime or loss of business due to software or plugins.

If a software service or plugin stops working or becomes unavailable you may need additional work that’s not included in your website care plan.

We are not held responsible for ongoing maintenance of any software or plugins unless you are on a website care plan with us.

If your website is outside of your warranty your website may need additional work to replace or update software services or plugins.

Hosting

Our crucial website care plans include top-grade hosting. We hold the right to cancel your website’s hosting plan with 30 days’ written email notice. We will provide a website backup copy for you to install on your new host.

Any migration work needed to install on your new host will be charged extra if needed from us.

We cannot guarantee the installation of your website’s backup on a different-level host server.

Hacking

Your website can be hacked. We cannot guarantee that it won’t be hacked even though we scan for malware and update your plugins regularly.

We implement additional security monitoring on top of existing scanning and security measures to help spot these cowardly attacks.

What happens if you get hacked?

In most cases, we can use your monthly care plan’s quick fix to quickly clean the site.

Solo Website subscription and Complete Care Plan clients are covered for up to an hour for these fixes but, If the hack takes longer there are additional costs involved.

In most cases, we can restore your website from a previous version and or remove the malware. It is rare, but in some cases, your website may have to be rebuilt.

Discontinued plugins

Sometimes website plugins that are used to add functionality are no longer maintained or supported by the developer. This creates a security risk and the plugin needs to be replaced. Depreciated plugins should be replaced with a new or alternative plugin.

Moving these sites over to new plugins is an additional cost. We cannot guarantee that your content will be migrated over easily and without additional work to rebuild sections of your site.

 

GDPR compliance

We make every effort to keep your website and your visitor’s data GDPRcompliant under our interpretation of what is needed. We aren’t liable for any additional GDPR compliancy updates needed outside any project agreements or after 30 days of your website warranty or single project date.

You will be responsible for wiping your visitor’s data and contact data from your website or you can commission us to do this for you.

Search engine rankings

We cannot guarantee any results, leads or search engine rankings just like any other type of advertising. If you have an existing website we will put in place redirections from the old pages but we cant guarantee any continuation of current ranking positions.

Existing website search engine rankings

Existing website Google rankings may fluctuate and we cant guarantee any keyword rankings in Google. Generally a new website solution from us will improve your rankings.

Additional works – If any additional functionality, pages or work is needed outside of the scope these will be priced per deliverable and separate to this plan.

Ownership – You own the website after full payments to 9G. We will install the website onto your server after final payment. If you choose to change hosting from us we will release a full copy of the website and installation files from our server backup on request which you will need to reinstall yourself. There will be a £99 admin fee for supplying this and no additional help installing from the backups.

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on 9G Limited’s Web space, 9G Limited will, at its discretion, remove all such material from its web space. 9G Limited is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay 9G Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by 9G Limited in enforcing these Terms and Conditions.

Termination

Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity

All 9G Limited services may be used for lawful purposes only. You agree to indemnify and hold 9G Limited harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants 9G Limited the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting 9G Limited permission and rights for use of the same and agrees to indemnify and hold harmless 9G Limited from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to 9G Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by 9G Limited to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

Design Credit

A link to 9G Limited will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in 9G Limited’s portfolio.

Access Requirements

If the Client’s website is to be installed on a third-party server, 9G Limited must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post-Placement Alterations

9G Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Domain Names

9G Limited may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of 9G Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

Email systems

9G Limited hold no responsibility for the uptime or reliability of any email system provide by our 3rd party host or any other host.

Any agreement you hold with an external IT company is between your company and them. We will not be held responsible for recommending or referring a specific company.

We cannot provide support for any 3rd party hosted email and are not liable for any loss of business due to email system issues.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Social Media Management

Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. 9G will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

Governing Law

This Agreement shall be governed by English Law.

Liability

9G Limited hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of 9G Limited to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

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