[vc_row][vc_column][vc_column_text]Terms & Conditions
The following terms and conditions apply to all services provided by Amfahtech Ltd to the Client.
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.
2. Payment & Charges
Charges for services to be provided by Amfahtech Ltd are defined in the project quotation that the Client receives via email. Quotations are valid for a period of 30 days. Amfahtech Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Any associated fees, such as installation and setup, are covered within your quote, however training to update your website will be chargeable.
Additional fees may be charged for any services not mentioned on the original quote such as testing and introductory training pertaining to Content Management Systems or ECommerce Management Systems
Unless agreed otherwise with the Client, all website design services require an advance payment/deposit of a minimum of forty percent (40%) of the project quotation total before the work is supplied to the Client for review. A second charge of thirty percent (30%) is required after the development stage, with the remaining thirty percent (30%) of the project quotation total due upon completion of the work, prior to upload to the server or release of materials. In cases of discounted services, Amfahtech reserves the right to charge up to 100% advance payment.
All payments made in advance (deposits) for web design services will be non-refundable.
Payment for services is due by bank transfer, debit/credit card payment or Paypal. All payments not made via bank transfer will be subject to a charge of 5% extra. Payment details will be made available on invoices.
Amfahtech Ltd has the right to charge the client up to 85% of the total web development costs, should the client cancel the website agreement after the design concepts have been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
Invoices will be provided by Amfahtech Ltd 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 subject to 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.
3. Client Review
Amfahtech Ltd 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 Amfahtech Ltd otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Amfahtech Ltd 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 Amfahtech Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed by Amfahtech Ltd.
In return, the Client agrees to delegate a single individual as a primary contact to aid Amfahtech Ltd with progressing the commission in a satisfactory and expedient manner.
During the project, Amfahtech Ltd will require the Client to provide website content; text, images, movies and sound files
5. Failure to provide required website content
Amfahtech Ltd 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 your self.
6. Content Management Systems
All packages (unless specified) will be developed using a Content Management System (CMS). In order to maintain compatability between clients the company now use the WordPress Platform exclusively as our CMS of choice. ECommerce stores use different management systems depending on the scale and complexity of the Project. However, in some instances, the company may build a bespoke solution, depending on the exact requirements of the Project.
7. Additional Expenses
Client agrees to reimburse Amfahtech Ltd for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
Amfahtech Ltd makes every effort to ensure websites are designed to be viewed by the majority of visitors.
Websites are designed to work primarily with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Amfahtech Ltd cannot guarantee correct functionality with all browser software across different operating systems due to updates/upgrades by their respective vendors.
Amfahtech Ltd 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.Similarly, Amfahtech Ltd cannot guarantee compatibility with old or redundant browser software. As such, Amfahtech Ltd 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.
9. Defaults and Late Payments
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 Amfahtech Ltd’s Web space, Amfahtech Ltd will, at its discretion, remove all such material from its web space. Amfahtech Ltd is not responsible for any loss of data or loss of income incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding balance. In this case the client would be liable for the balance of the contract to be paid with immediate effect plus a £10 admin fee (The admin fee covers time taken to discover the default, generating an invoice and posting).
Clients with accounts in default agree to pay Amfahtech Ltd reasonable expenses, including legal fees and costs for collection by third party agencies, incurred by Amfahtech Ltd in enforcing these Terms and Conditions.
Clients whose material has been removed from its web space agree to pay Amfahtech Ltd reasonable expenses (up to 90% of the original invoice), to reinstate the website as before.
Termination of web design services by the Client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Contract lengths are normally 12 months unless agreed beforehand between the Client and the Company. The Company requires a minimum 30 days paid notice to cancel a support, hosting or SEO contract.
All Amfahtech Ltd services may be used for lawful purposes only. You agree to indemnify and hold Amfahtech Ltd harmless from any claims resulting from your use of our service that damages you or any other party.
After the initial 12 month period, copyright is automatically assigned as follows:
- The Client will own, or have express permission to use, the text files, images, graphics and any visual elements, video or sound bytes, that you may have sent to us to use in connection with the project.
- Amfahtech Ltd will maintain copies of all the files used in connection with your project and if you require a disc copy of all the files used in connection with your project, then the company will be happy to supply this to you at an additional cost. Copies of the website files are maintained by us for a reasonable time (usually at least one year), and if you are hosting with us, then files are maintained both locally and on external servers.
- The copyright to the markup, CSS files, other code that may have been used by us for you, or certain images that the company may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside. If you own the domain name, then you own the copyright.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Amfahtech Ltd 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 Amfahtech Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Amfahtech Ltd 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 Amfahtech Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. 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.
Any images or photographs supplied by the client should be in digital format, usually no smaller than 1024×768 pixels, with a suitable resolution that will allow them to be resized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and retouching the images. This depends entirely on the project and the number of images involved.
Although every reasonable attempt shall be made by Amfahtech Ltd 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.
Any images that the company are asked to obtain from third party photographers or stock photography will be charged as an additional cost (see additional charges)
The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend the Company and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
Evidence of ownership or permissions may be requested by the Company.
14. Design Credit
At the bottom of the website page(s) after payment has been completed, usually it will say Copyright and the name of your business or company. The company do however reserve the right as the Company responsible for the design and/or development to place a small and unobtrusive link at the bottom of your website, thereby not hindering or distracting from your own website design.
A link to Amfahtech Ltd 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.
As the design company, Amfahtech Ltd also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on other web sites, in magazine or ezine articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you DO NOT want us to add your site to our portfolio of work.
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 Amfahtech Ltd’s portfolio.
15. Hosting and Access Requirements
To ensure superior levels of reliability and performance, all our clients websites are hosted on a high speed, state of the art managed dedicated server which utilizes a guaranteed minimum uptime service availability level of 99.95%. Details of the exact specification of our servers are freely available to all our clients and will be given upon request.
If the Client’s website is to be installed on a third party server, Amfahtech Ltd must be granted temporary read/write access to the Client’s hosting server which must have a cpanel access. Amfahtech Ltd may also require access to the hosting 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.
Amfahtech Ltd reserve the right to withdraw hosting services to any customer/website which may be affected by malware, viruses or such in the interest of protecting the property of other customers. We will give a minimum 3 working days notice before deleting affected webfiles from the server. It is the responsibility of the customer to ensure they save any data/information from the site before it is deleted as Amfahtech Ltd will bear no responsibility for data lost.
Amfahtech Ltd will notify customers of renewal/expiry of domain and/or hosting services via email, a minimum of 5 working days in advance of the expiry date. It is the responsibility of the customer to ensure that they have either paid the renewal fee or transferred their hosting/domain provider a minimum of 1 working day in advance of the expiry date as Amfahtech Ltd will not be held responsible for data lost due to expiration of domain/hosting services.
16. Hosting Transfers
The customer has no obligation to host their web files with Amfahtech Ltd. Should the customer wish to transfer their hosting provider during or after the free hosting period, they should notify Amfahtech Ltd at the earliest and may be liable to pay a service charge to arrange the transfer.
In order to complete the customers request for transfer of hosting to a third party server, Amfahtech Ltd must be granted temporary read/write access to the customer’s hosting server which must have a cpanel access. Amfahtech Ltd may also require access to the hosting 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.
Once the web files have been transferred to the customer’s new hosting provider, Amfahtech Ltd will no longer provide hosting support, therefore it will be the customer’s responsibility to change the DNS nameservers on their domain to point to the right hosting server. Amfahtech Ltd may be able to help with this ONLY if Amfahtech Ltd remains the domain registrar.
If a customer changes their mind about moving/transferring their website to a third party hosting server, it is the duty of the customer to inform Amfahtech Ltd at the earliest possible time in order to avoid the transfer taking place. Should the transfer have taken place already, the customer may be charged a service fee to arrange the transfer of their website back to Amfahtech Ltd Hosting Servers.
Hosting transfers can take anywhere between 3-10 working days to be actioned and may be delayed if there are any problems with read/write access on the third party hosting server. It is the clients responsibility to ensure that they allow plenty of time for the hosting transfer to take place before the hosting expiration date, as they may be liable to pay any renewal fees for websites that have not been removed before the expiration date.
17. Post Placement Alterations
Amfahtech Ltd 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.
18. Post Placement Viruses and Malware
Amfahtech Ltd cannot accept responsibility for any viruses and/or malware that may affect the client site after the site and admin details have been handed over. Once the site is handed over to the customer, they are responsible for additions and deletions of plugins, data and/or software and any malware that may affect the site due to these or any other reason.
Amfahtech will aim to help customers with problems with malware and viruses but such services may incur an additional cost dependant on the size of the problem.
19. Domain Names
Amfahtech Ltd may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss or cancellation etc of the domain brought about by non or late payment is not the responsibility of Amfahtech Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Domains that are provided FREE or at a subsidised cost as part of a promotion are the property of Amfahtech Ltd and can be transferred on renewal. Details of domain transfer will be made available on request.
- Deposit payments for work to be undertaken will not be refundable.
- Amfahtech Ltd will provide the design and development of the website. It will be up to the client to provide the data for the website. (Unless previously agreed)
- Amfahtech Ltd will pay for pictures to be bought it is your responsibility to buy these and provide them to Amfahtech Ltd
- It is the clients responsibility to ensure that the data and pictures used on their website are not subject to copyright breaches. Amfahtech will not be responsible for any copyright breaches on your website.
- For ecommerce websites, Amfahtech Ltd will show the client how to add product listings, it will be up to the client to add, remove and edit your products for sale. Adding, editing and deleting products for sale, will not be deemed as par of any maintenance contracts.
- We will integrate your PayPal account for checkout, unless you provide us with alternative/additional merchandiser details in advance.
- Check that your merchandiser provides payment gateway services for the platform that your website has been created on, if not, you may be liable to pay for the website to be transferred to another platform.
- A website will not be launched unless full payment has been made or a special agreement has been reached in advance.
- Additional costs for extra features and/or additional design costs, not covered by our standard packages, will be agreed and invoiced before the website goes live. See www.amfahtech.co.uk for a list of charges.
- If the Client does not respond to the Company’s request to discuss or choose ongoing support options, the client will automatically be placed on what the company feels is the most appropriate support package.
- A small admin fee is payable for switching the client to another hosting provider.
- Hosting only clients, will be charged at our normal hourly rate for any further changes or updates to their website.
- There may be an additional fee for any design changes requested after the initial agreed design has been signed off.
- Amfahtech Ltd is not responsible for writing or inputting any text copy unless this has been specified by the client.
- If you are hosting the website elsewhere, the Company cannot guarantee that the website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc.
- If the website is to be hosted elsewhere, then you will still pay the same fee as agreed.
- The company do not offer any technical support for any other web site hosting company that you may choose (if you elect not to host the website with us).
- This contract remains in force and need not be renewed.
- Although the company have tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of English Law and Courts.
- 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.
21. Confidentiality and Governing Law.
Amfahtech Ltd adheres to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.This Agreement shall be governed by English Law.
Amfahtech Ltd will not be held liable for any missed launch date or deadline, if the client has been late in supplying materials, or has not approved or signed off work on time, at any stage.
Furthermore, Amfahtech Ltd 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.
Amfahtech Ltd cannot guarantee that the functions contained within any web page (or part of the clients website design), will always be error free, and therefore Amfahtech Ltd will not be liable in any way whatsoever to the client for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if the client/s have advised us of the possibilities of such damages. The entire liability of Amfahtech Ltd 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.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions, and the Agreement shall not be void for this reason alone. Such unlawful, void or otherwise 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 provision.
24. Changes to these Terms and Conditions
Amfahtech Ltd reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to download or print from our website.
25. Terms Of Domain Transfer
- The customer agrees to provide the correct and up to date contact information of the legal registrant of the domain. Amfahtech Ltd bears no responsibility for wrong information provided.
- The customer agrees to provide all information requested before domain transfer.
- Domain transfer will take place only once full payment has been received in advance of the domain transfer.
- Domain transfers can take between 2-5 working days to take place.
- Once the domain transfer has taken place, it cannot be cancelled or reversed.
- Once the domain has been moved to the new account, there will be a 10-day transfer lock on the domain.
- If the name of the organisation or the First and/or Last name of the registrant has been changed, there will be a 60-day transfer lock after the domain is moved to the new account.
- It is the responsibility of the customer to inform Amfahtech if they would like to keep the current nameservers during transfer. If this is not specified, the nameservers may default to GoDaddy default nameservers. The domain name WILL lose any custom DNS when it moves to the new account and any nameserver change will bring the live site down. Amfahtech bears no responsibility for any potential loss of service or income during this time.
- The customer will receive an email to notify the change of domain ownership. It is the responsibility of the customer to ‘accept’ this change within 10 working days of the change initiation, otherwise the transfer will be aborted and the customer may incur an admin fee to get it re-initiated.
- If the customer decides to cancel the domain transfer request or does not accept the domain transfer request after it has been initiated by Amfahtech, then Amfahtech Ltd reserves the right to charge an admin fee before refunding the fee paid for the domain transfer. Refunds will be paid using the same method of payment or via cheque and may take upto 5 working days to be processed.
- The customer agrees, that Amfahtech Ltd will need to agree to change of domain ownership terms and conditions as set out by the domain registrar and the customer agrees to be bound by these terms as well.
- Amfahtech Ltd bears no responsibility of loss or damage of any kind that is beyond our control during the transfer of domain ownership.