By making payment to Get Noticed Locally, you (the client) confirm that you are in agreement with and bound by the terms and conditions below. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
1. Definitions:
‘You’ or ‘Client’: The company or individual requesting/using the services of Get Noticed Locally.
‘We’ or ‘Us’: Get Noticed Locally – a website design company.
2. Website Design:
2.1 Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Get Noticed Locally cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it. Please notify us as soon as possible if you are aware of any malfunction on your website.
2.2 The website, graphics and any programming code created by Get Noticed Locally remain the property of Get Noticed Locally until full payment has been made for the website. Any scripts, applications or software (unless specifically agreed) written by Get Noticed Locally remain the copyright of Get Noticed Locally and may only be commercially reproduced or resold with the permission of Get Noticed Locally.
2.3 The Client retains the copyright to data, files and graphic logos they provide, and grants Get Noticed Locally the rights to publish and use such material.
2.4 Get Noticed Locally cannot be held responsible for any copyright infringements caused by materials (such as images and other forms of media) provided and/or uploaded by the client. Get Noticed Locally reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. If the client knows of or suspects any copyright infringement on their website they must notify Get Noticed Locally as soon as possible.
2.5 Get Noticed Locally will not be liable for any costs incurred, compensation or loss of earnings as a result of offensive images or other materials on the website. If a client deems there to be offensive materials on their website they should notify Get Noticed Locally as soon as possible and request it is removed.
2.6 Get Noticed Locally reserve the right to make minor design modifications to the design of the client’s website without the consent of the client.
3. Design Credit:
3.1 Get Noticed Locally may place a small logo and text in the footer of the client’s website linking back to getnoticedlocally.co.uk . We reserve the right to update/change this logo and text at any time.
4. Content:
4.1 Get Noticed Locally will not be liable for any costs incurred, compensation or loss of earnings due to incorrect content, offensive content or content which is missing from the website. It is the client’s responsibility to check all content added to the website by Get Noticed Locally and ensure it is error-free. If the client is unhappy with any content on their website they should notify Get Noticed Locally as soon as possible.
4.2 It is the client’s responsibility to ensure that all important information/content from their previous website is backed up before we launch the new website. Get Noticed Locally will not be liable for any costs incurred, compensation or loss of earnings as a result of old website content/information being lost.
5. E-Commerce:
5.1 It is the client’s responsibility to ensure that any money from sales made through the website is successfully received in the client’s bank, or other, account before shipping products or transferring services. Get Noticed Locally will not be liable for any costs incurred, compensation or loss of earnings as a result of the client shipping products or transferring services for which they have not been paid.
6. Updates:
6.1 Get Noticed Locally will endeavour to make requested updates by the client within 10 working days upon receipt of the instruction from the client (either verbally or written). Get Noticed Locally will not however be liable for any costs incurred, compensation or loss of earnings as a result of updates not being made in this time period.
6.2 If the client has an outstanding amount on their account, Get Noticed Locally reserve the right to refuse to make any updates requested by the client.
6.3 While every endeavour will be made to ensure that updates made to the client website by Get Noticed Locally will be error-free, we will not be liable for any costs incurred, compensation or loss of earnings from errors made when updating the client website. If the client notices an error that has been made by Get Noticed Locally they should notify us as soon as possible.
6.4 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 Get Noticed Locally permission and rights for use of the same and agrees to indemnify and hold harmless Get Noticed Locally 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 Get Noticed Locally that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
6.5 Every client has an update time quota which can vary depending on the package they are on. All updates made by Get Noticed Locally to the client website will count towards this quota. No update shall be timed at less than 15 minutes. Update quotas cannot be carried forward to future months if not fully used up in a previous month.
6.6 It is the client’s responsibility to manage (add, edit and delete) the content (posts & products etc) of their website. However Get Noticed Locally will provide reasonable support to the client to help them manage their website. The time spent by Get Noticed Locally providing support to a client will count towards that client’s update time quota.
7. Software and Plugins:
7.1 The client is expected to test fully any application, plugin, software or programming (including third party) relating to a site developed by Get Noticed Locally before being made generally available for use or if implemented after the launch of the website, as soon as possible. Where “bugs”, errors or other issues are found the client should notify Get Noticed Locally as soon as possible.
7.2 Get Noticed Locally reserve the right to update any software or plugins on the website at any time. While we will endeavour to ensure any software or plugins are still functioning correctly after we have updated them, Get Noticed Locally will not be liable for any costs incurred, compensation or loss of earnings as a result of software or plugins malfunctioning. It is the client’s responsibility to check all software and plugins on the website are operating correctly on a regular basis and to contact Get Noticed Locally as soon as possible if they notice any errors.
7.3 Get Noticed Locally endeavour to ensure that all data entered into contact forms on the client website is delivered as agreed, however we will not be liable for any costs incurred, compensation or loss of earnings as a result of contact forms malfunctioning and/or the data not being received by the client. Also, Get Noticed Locally cannot be held responsible for contact form data going into the client’s spam email folder.
8. Compatibility:
8.1 Get Noticed Locally will endeavour to ensure that the website or application will function correctly on the server it is initially installed in and that it will function to an acceptable level when viewed with common web browsing software namely Microsoft Internet Explorer, Mozilla Firefox & Google Chrome. Get Noticed Locally can offer no guarantees of correct function with all browser software. If the client is unhappy with the rendering of their website in a specific browser they should notify Get Noticed Locally as soon as possible.
8.2 Get Noticed Locally cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has gone live. However, Get Noticed Locally will endeavour to sort such problems.
8.3 Get Noticed Locally will endeavour to ensure that a client’s website renders to an acceptable level on mobile and tablet devices and also on different operating systems such as Windows or IOS. If a client is unhappy with how their website renders on a specific device or operating system, they should notify Get Noticed Locally as soon as possible.
8.4 Get Noticed Locally will not be liable for any costs incurred, compensation or loss of earnings due to the client website not rendering correctly in a specific browser or on a specific device.
9. Website Hosting:
9.1 Get Noticed Locally will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability, malfunction or interruption of this service of the site, its servers, software or any material provided by its agents.
9.2 Get Noticed Locally reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
9.3 Client websites are hosted with a third party company (usually 34SP). We encourage our clients to read the third party hosting company’s Terms and Conditions by accessing the URL below. Client websites hosted by a third party are subject to these terms and conditions.
http://www.34sp.com/termsandconditions
10. Domain Names:
10.1 Get Noticed Locally may purchase domain names on behalf of the client. We will endeavour to ensure that Domain names owned by us will be automatically renewed by us when due unless otherwise instructed by the client. However, we will not be liable for any costs incurred, compensation or loss of earnings due to us not renewing a domain name we own. If the client is aware that the domain of their website has expired or is about to expire, they should notify Get Noticed Locally as soon as possible.
10.2 It is the client’s responsibility to ensure that domains that they own are renewed before they expire.
10.3 If a client cancels their membership/payment to Get Noticed Locally within the first 12 months, Get Noticed Locally reserve the right to hold onto any domains bought by us on the client’s behalf until we are reimbursed with the cost price of the domain.
11. Payment of Accounts:
11.1 After the client has instructed us that they want us to develop a website for them, Get Noticed Locally will raise an invoice for 50% of the agreed amount. Only when this amount has been paid will work commence on the website. The remaining 50% is due when the client is happy with the development of the website and ready for it to be made live.
11.2 If a client misses a monthly hosting/support payment, Get Noticed Locally will contact them making them aware that the payment has been missed and asking for payment immediately. If the client still hasn’t paid the invoice within a further 30 days, Get Noticed Locally reserve the right to take the client website offline until payment is made. When payment has been made, Get Noticed Locally will endeavour to have the website back online within 2 working days.
12. Upgrading package:
12.1 Clients may request to change the package they are on, however Get Noticed Locally reserve the right to refuse this request.
12.2 After upgrading their package, the client cannot downgrade again within a 6 month period.
13. Website ownership:
13.1 Only when the client has paid the full agreed amount for the website do they take ownership of the website and files.
14. Social Media
14.1 It is not the responsibility of Get Noticed Locally to maintain client social media accounts unless this is specifically agreed between the client and Get Noticed Locally.
15. Email
15.1 Where Get Noticed Locally have set up forwarding email for a client, we cannot be held responsible for any malfunction that results in emails not being forwarded to/received by the client. Get Noticed Locally will not be liable for any costs incurred, compensation or loss of earnings as a result of emails not being received by the client. If the client suspects any problems with their email, they should notify Get Noticed Locally as soon as possible.
15.2 Where Get Noticed Locally have set up an email inbox for a client, we cannot be held responsible for any malfunction that results in emails not appearing in the client’s inbox. Get Noticed Locally will not be liable for any costs incurred, compensation or loss of earnings as a result of emails not displaying correctly/being received in the client’s inbox.
15.3 Where Get Noticed Locally sets up either email forwarding or an email inbox for a client, it is the client’s responsibility to ensure any old important emails are backed up. Get Noticed Locally will not be liable for any costs incurred, compensation or loss of earnings as a result of old emails being lost when setting up new forwarding email addresses or email inboxes.
16. Liability:
16.1 Get Noticed Locally hereby excludes itself, its Employees and or Agents from all and any liability from:
a. Loss or damage caused by any inaccuracy;
b. Loss or damage caused by omission;
c. Loss or damage caused by malfunction;
d. Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
e. Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
16.2 The entire liability of Get Noticed Locally 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.
17. Other:
17.1 Get Noticed Locally will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
17.2 Get Noticed Locally will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
17.3 All Get Noticed Locally services may be used for lawful purposes only. You agree to indemnify and hold Get Noticed Locally harmless from any claims resulting from your use of our service that damages you or any other party.
17.4 It is the client’s responsibility that they meet any legal requirements required on the website. Get Noticed Locally will not be liable for any costs incurred, compensation or loss of earnings as a result of a client not meeting their legal requirements on the website.
18. Complaints Procedure:
Informal procedure
Clients who experience a problem with their web service provided by Get Noticed Locally should raise the matter directly either verbally or in writing using the contact details on our website www.getnoticedlocally.co.uk to . The client should give sufficient information to locate the material (such as an URL) and clearly outline the grounds for complaint. Get Noticed Locally will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Get Noticed Locally, 40 Richmond Street, Hull HU5 3LD who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
