Terms and Conditions of Service

© 2016 WebbyGuys
The terms “we”, “us” or “our” shall refer to WebbyGuys. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. The terms “order”, “service” or “project” shall refer to websites ordered through this service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. OVERVIEW

1.1 By signing up for any WebbyGuys Services you warrant that you are capable of entering into a binding contract; or are acting with the express permission of a person or organisation and using the payment details of that person and that they also agree to be bound by the terms of this Agreement.1.2 You also agree to comply and adhere to any and all applicable laws and regulations in relation to this Agreement.

1.3 The WebbyGuys design and build is a service in which we design, create and build the customer website based on the specifications provided through the checkout process, known as project scope. The contract of service includes 24-months hosting of the site with hosted emails.

1.4 Updates and Unlimited text changes are limited to the site platform updates and text changes within the existing design only. Any further changes can be requested and a quote will be provided against the scope of changes before acceptance by both Us and You. All changes can be requested by emailing support@webbyguys.net

1.5 You are charged a one-time fee of £50 plus VAT for this service with subsequent 24-monthly payments from £25 plus VAT. The monthly payments will depend on the extent of the project and displayed at the point of checkout before your acceptance.

1.6 Intellectual Property of the content is always Yours, Intellectual Property of the Design, Site and its Code is not transferred until the end of the initial 24-month contract period at which point written request before the end of the last billing period can be sent asking for transfer of the Design, Site and its Code.

2. ELIGIBILITY

2.1 You certify that by purchasing any of our products from this website that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

3. AGREEMENT COMMENCEMENT

3.1 This agreement will only commence when you are provided with written confirmation that your order/project has been accepted.

4. 10 DAY DEVELOPMENT PERIOD

4.1 The 10 Day Delivery period is defined to start from the first day of project development which is advised as an estimate at checkout and on order confirmation. If in the case of any reasonable delay, including but not limited to missing materials from the customer we endeavor shall notify you and the 10 Day Delivery period will be extended. Payment at checkout is acknowledged as acceptance of these terms.

5. DURATION AND RENEWAL OF SERVICES

5.1 Unless otherwise specified, services are provided for a minimum contract term of 24-months from £25 plus VAT if applicable. Your monthly billing date will be based on the date of the month you purchased the services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.5.2 Unless cancelation or renewal notice is received 30 days prior to the end of the 24-month period of your contract, you will be placed on a monthly rolling plan then any request to cancel the Services will be actioned at the end of the current billing period.

6. PAYMENTS AND FEES

6.1 You agree to pay any and all prices and fees due for Services purchased or obtained from Us at the time you order the Services. All prices and fees are non-refundable, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. We reserve the right to change or modify our prices and fees at any time, and such changes or modifications shall be posted online and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the contact in question come up for renewal.
6.2 We will automatically generate an invoice in respect of the next period with all invoices being delivered electronically. You are responsible for checking receipt of all invoices and No hard copy of invoices will be sent by post. Payment will be taken automatically following delivery of your invoice and will be non-refundable. In the event that any automatic payment should fail, the invoice will be considered overdue and immediately payable.
6.3 You certify that You are authorised to use your chosen method of payment. If You are not the named cardholder, You acknowledge that You and the named cardholder both agree to be bound by the terms of this Agreement and are jointly and severally liable for all payments under this Agreement. You agree to indemnify and hold Us harmless in the event that the cardholder or issuer declines any payments to Us including all of our costs in administering your non-payment and obtaining the payment due to Us by You.
6.4 We reserve the right to interrupt, suspend or cancel all Services until payment is received in full and all outstanding charges are cleared. Any non-payment of a recurring invoice may be subject to an administration charge. You are responsible for all money owed to Us under the terms of this Agreement until it is terminated. You are also responsible for any additional costs incurred by Us in taking steps to recover any sums due by You.
6.5 You are required to provide Us with valid contact details and a valid payment method at all times during the term of this Agreement. If any of this information is found to be invalid, we reserve the right to suspend access to your account. If your chosen payment method is cancelled or changed for any reason, then You must notify Us immediately and provide Us with details of an alternative payment method.

7. LIABILITY

7.1 We shall not be liable for any loss or damage of any nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
7.2 We will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

8. FORCE MAJEURE

8.1 We shall not be responsible for any failure to provide any Services or perform any obligation under this Agreement because of any act of…
8.1.1 God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
8.1.2 war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo
8.1.3 acts or threats of terrorism.
8.1.4 strike, lock-outs or other industrial disputes (whether our employees or any other party)
8.1.5 equipment or facilities shortages which are being experienced by providers of telecommunication services generally
8.1.6 or other similar force beyond our reasonable control.

9. NOTICE

9.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by Us to You shall be deemed to have been given if delivered by email, in accordance with the contact information You have provided.

10. CONTACT INFORMATION

WebbyGuys Ltd
15 Liverpool Gardens
Worthing
West Sussex
BN11 1RY
Company number 09090047