The Company agrees to build a website as per the Client’s chosen package.
Signup
The person signing up for the website plan will automatically be assigned as the sign off person and is the only person authorised to request changes or cancel the contract. If the Client wishes to give another person this authority too, the Client will need to contact the Company with their name and email address and the Company will add them to the approved list.
If the Client no longer wishes for this additional person(s) to have this authority it is the Client’s responsibility to inform the Company.
Payment
The Client agrees to pay the Company by an automated payment (e-transfer or other method) on the 1st day of the month and authorizes the Company to deposit the payment of the current monthly and/or annual cost as published on the Company’s website. The bank account must be registered in the Client’s name or to their business.
There will be no refund or credit for partial months or years of service. Costs are chargeable and shall be payable until an account is terminated or cancelled by either the Client or by the Company in writing.
The Company may increase the prices at the end of the contracted agreement period by giving the Client not less than one months’ notice provided that the increase does not exceed 25% of the prices in effect immediately prior to the increase. The company will not increase pay monthly prices more than 25% within a 12-month period.
Pay monthly clients
Payment Terms/Schedule
- First payment is to be paid immediately upon execution of the agreement via automated payment. If payment is to be made by Direct Debit. The Direct Debit setup and processing period will typically take 5-7 working days to complete (from the client sign-up date).
- Monthly recurring costs to be paid via automated payment. The monthly payment will be taken on the 1st day of the month same date each month. Should a payment date fall on a non-working day, the payment will be processed on the next available working day.
- The agreement will auto-renew on the last day of the agreement period if not cancelled as per the Termination and Notice criteria.
Pay annually clients
Payment Terms/Schedule
- Annual (12 months) recurring cost to be paid immediately via automated payment. The annual payment will be taken on the same date each year. Should a payment date fall on a non-working day, the payment will be processed on the next available working day.
- If payment is to be made by Direct Debit. The Direct Debit setup and processing period will typically take 5-7 working days to complete (from the client sign-up date).
- The agreement will auto-renew on the last day of the agreement period, if not cancelled as per the Termination and Notice criteria.
Fixed-Term Contract
- Pay annual clients will be signed up to a 12-month fixed-term contract and will not receive a full/partial refund if they cancel before the 12-month period has completed.
Add-on services
Payment Terms/Schedule
- Payment for add on services will be invoiced separately and charged immediately using the automated payment details the Client has already provided.
- The Client is responsible for providing content (unless this have been purchased as an Add-on Service). If no content or incorrect content is provided this is not the Company’s responsibility and the Client will still be billed as agreed.
Suspension of service
- The Company has the right to stop providing services or suspend services if payment is not received within 10 working days. If the missed payment has still not been received within 30 days, the Company has the right to delete the website from their servers to a point that it cannot be restored.
What is classed as a content update?
- A content update is a change to existing content and pages only. This includes news and blog articles. Any additional page requests after the website has launched will be chargeable at a rate of $100 / per hour and then billed to the nearest 30 minutes. Any unused time cannot be rolled over to subsequent months.
Fair usage quota (unlimited content updates)
Starter & Starter+ plans
Content updates on Starter and Starter+ plans are capped at 1 hour per month.
Professional plan
Content updates on the Professional plan are capped at 2 hours per month.
Custom plan
Content updates on the Custom plan are capped at the agreed hours per month.
Any updates exceeding the fair usage quota will be billed at £100 per hour, with a one-hour minimum charge, and then billed to the nearest 30 minutes. Any unused time cannot be rolled over to subsequent months.
Copyright
- Any content provided must be owned by the Client and not infringe on any copyright laws. The Client shall indemnify the Company against all claims in respect of any alleged infringement of copyright trademark or design.
Intellectual Property Rights
Websites
All website files hosted by the Company will be the property of the Company. The Client will have no right to these files or the migration of these files if the contract is cancelled. Any website design or template created by the Company will remain the property of the Company before and during the contract. In effect, the Client will be leasing the website from the Company.
Full Title will pass to the Client at the end of the initial 12-month agreement or if the Client wishes to purchase the rights by paying out any balance owed on its contract. The Company agrees to provide all necessary website files and written confirmation of title being transferred.
Custom Package
If the Client has purchased the Custom plan during the original purchase, the Client will own the rights to the associated website design and template.
Add-on services
Any intellectual property rights for add-on service design work such as logo creation or business card creation shall be passed to the Client upon completion and payment.
Domain names
The Client will supply the domain name(s).
Domain name renewals
It is the client’s responsibility to manage their domain(s), and not the Company. This includes any payments and renewals via the relevant domain registrar.
Domains that have been that have been transferred to the Company’s account, will be managed by the Company.
Emails
The Client will arrange and supply the emails address(es) associated with their business.
Existing Domain Names & Email Addresses
In the event that the Client already has a Domain Name and/or Email Address setup, which are then transferred to the Company to manage, the Company cannot be held responsible for any downtime or loss of data during this process. This could include items such as existing emails and contacts, existing calendar appointments, and existing 3rd party websites. Upon migration, there is no guarantee that any historic emails will be available. It is the Clients’ responsibility to make the necessary arrangements to ensure a backup or archive is available to them after the transfer has been completed.
Email address renewals
It is the client’s responsibility to manage their email address(es), and not the Company. This includes any payments and renewals via the relevant domain registrar.
Legal
The Client must not use our services to advertise or promote anything that is illegal or encourages criminal activity. If the Client does, the website will be taken down with immediate effect and all associated files will be deleted without warning.
Termination and notice
- Upfront costs are non-refundable
- Annual costs are non-refundable
- The Client may terminate this agreement up to 30 days prior to the last day of the minimum agreement term. The Client must give 30 days’ written notice to the Company.
- The Company can terminate this agreement at any time and must give 30 days’ written notice to the Client.
- The Client will be charged a reasonable admin fee for a domain name transfer to a third party. Any external costs will be payable by the Client.
- No export or transfer service is available to another third-party provider or to the Client until 30 days prior to the last day of the minimum term agreement. Once a transfer has been completed no further updates to the website are allowed.
Limitation of Liability
In no event will the Company be liable for any special, indirect, incidental, or consequential damages nor loss of data, profits or revenue, cost of capital, or downtime costs, nor for any exemplary or punitive damages, arising from any claim or action, incidental or collateral to, or directly or indirectly related to or in any way connected with, the subject matter of the agreement, whether such damages are based on contract, tort, statute, implied duties or obligations, or other legal theory, even if advised of the possibility of such damages.
Data
- In this relationship the Company is the Data Processor and the Client is the Data Controller. The Client has related responsibilities and is responsible for putting processes in place where necessary.
- The Company – the data processors will only act on the documented instructions of a controller (The Client)
- The Company will build and host the Client’s website on The Company’s hosting provider. By using this service, the Client consents to their data being hosted.
- As the data controller the Client must only collect and use the data that they are legally entitled to use.
- A privacy and cookie policy page will be added to the Client’s website. Should the Client wish to change it they must advise the Company in writing.
Miscellaneous
Independent
The parties are independent and are not partners, principal and agent or employer and employee and the Contract does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.
Force Majeure
The Company shall not be liable for any failure to perform under this Contract when such failure is due to causes beyond the Company’s reasonable control, including, but not limited to, Client delay, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy. In the event of such delay the date of delivery or time for completion will be extended by a period of time reasonably necessary for both Company and Client.
Promotional use
The Company will keep all original artwork and digital files provided by or prepared by the Company in connection with the project and can use them for promotional purposes without prior permission from the Client. For example, but not limited to, on their portfolio site page and or related social media accounts.
Designed by
‘Website by Low Cost Pay Monthly Websites’ shall be included in the Client’s website footer and shall include a hyperlink back to www.lowcostpaymonthlywebsites.com
Time
Unless stated otherwise, time is of the essence of any date or period specified in the Contract in relation to the Client’s obligations only.
Additional
- The Company shall not take responsibility for any product or any task performed that is not provided by the Company
- This engagement will be delivered remotely by the Company. If travel to Client offices (outside of Calgary) is required by the Company. This will be deemed out of scope and charged as time and materials at a rate of $100.00/hour. Note: Any travel must be pre-approved by both parties prior to the travel date and will be in line with the Client travel and entertainment policy. If these do not exist, the Company’s travel and entertainment policy will apply.
- Provision of any products or services not specifically to do with this engagement are deemed out of scope.