Terms & Conditions
Please read these terms and conditions (“Terms”) carefully before using this website or placing an order with us. If you are under 18, please get a parent or guardian to read through these Terms and Conditions and to discuss them with you.
If you don’t accept these Terms please don’t use our website. If you visit or use any of our website you will be bound by these Terms.
By accepting a quote for services from us, you are agreeing to the following terms and conditions.
We may change these Terms at any time, in which case the amended Terms will be posted on our website and will apply from the date we post them, with the exception that any orders that we have already accepted from you before the new Terms are posted will continue to be subject to the Terms in force when your order was accepted. Please check these Terms on each occasion you use our website. If you continue to use our site you will be bound by the latest Terms.
Using our site and applications
You agree to only use our site in a manner that complies with all applicable laws and regulations and is consistent with these Terms and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of our site (including, amongst other things, hacking). We reserve the right in our sole discretion to deny any user access to any of our website without prior notice.
3.1 You may access and use most parts of our website without registering your details with us.
3.2 Before you can take part in our message boards/discussion forums, or otherwise post comments to our website or download certain code you will need to register with us. If you choose to register with us, each registration must be for a single user only. Please ensure that the details you provide us with are correct and complete, and inform us immediately by email at firstname.lastname@example.org with the subject line “User Details” of any changes to the information that you provided when registering.
3.3 You must make sure that you keep your password confidential. This means that you must not share your password or let anyone else access your account.
3.4 Always ensure you log out of your account at the end of your session to avoid anyone else using it.
3.5 You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner.
3.6 We may disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
Privacy and Cookie statements
Website content including user-generated content
If you have a complaint about any content on (or sent via) any of our website please notify us immediately by email at email@example.com with the subject line “Content Issue”. Please note that no action can be taken until we receive a fully completed “Issue Content Form” that will be returned to you for you to complete and return to us.
5.1. You must not post or transmit to any of our website any material:-
5.1.1. That is knowingly false or misleading, defamatory, illegal, abusive, vulgar, hateful, harassing, liable to incite racial hatred, blasphemous, discriminatory, pornographic, sexually oriented, threatening or invasive of a person’s privacy;
5.1.2. Which you do not own or for which you have not obtained all necessary licences and/or approvals;
5.1.3. Which is technically harmful (including, amongst other things, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
5.1.4. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with anyone or any entity.
5.2. If you post or transmit to any of our website any material of the type prohibited under term 5.1 above (or which otherwise results in a claim or action against us) and we incur any costs, expenses, liability or losses as a result, then you agree to indemnify us for all such costs, expenses, liability and losses.
5.3. If you post or transmit any material to any of our website (“contribution”):-
5.3.1. You grant us a non-exclusive, perpetual, royalty free, worldwide licence to use, highlight, comment, modify or reproduce your contributions in whole or part, in whatever form, on our website, social media pages and other communications and publications;
5.3.2. By submitting a contribution you waive your moral rights including the right to be identified as the author of the content;
5.3.3. You grant us the right to use the name that you submit in connection with that material; and
5.3.4. We shall be entitled to reveal your identity (or any information which we have about you) to any third party who claims that any of that material violates any of their rights or to any government or regulatory authority that is entitled or requires us to do so.
5.4. We may remove or edit any material or posting you make on any of our website at any time.
5.5. Party political or any other views and opinions expressed in user contributions to our website do not represent the views or opinions of SupportICT. Comments or opinions expressed in contributions posted by our website users are attributable only to the individual contributors.
Intellectual property rights
6.1. You acknowledge that all copyright, trademarks and other intellectual property rights in our website and all photographs, footage, designs, images, text, software, data and other material in our site or generated by our site are owned by us or our licensors. You are permitted to use the site and this material only as expressly authorised by us.
6.2. You are permitted to print and download extracts from our website for your personal non-commercial use and for private study, provided in each case that:-
6.2.1. Copyright and source indications are also printed and copied;
6.2.2. No modifications are made to the materials and they are not used as part of any other publication;
6.2.3. Any document is printed and copied entirely and is not used in a derogatory or misleading context; and
6.2.4. The material is not used in a manner which may damage our reputation or otherwise be harmful to us or impair our ability to function as an organisation.
6.3. No other use of material on our website may be made without first obtaining our written permission. In particular, you must not do the following unless you have first obtained our written permission:-
6.3.1. Incorporate any material from our site in any other work or publication, whether in hard copy or electronic form; nor
6.3.2. Make any commercial use or publication of any material on our site (other than as necessary for the purpose of viewing the sites in the course of business).
6.4. If you wish to use any material from any of our site other than in accordance with term 6.2 above please email your request to firstname.lastname@example.org with the subject line “Permission Request”.
6.5. The photographic, text and other graphic images within any products or publications supplied to you are copyright works and none of them may be copied, reproduced, licensed or otherwise exploited.
6.6. Logos and names used on our site may be trademarks of their respective owners and we acknowledge these. No permission is given by us in respect of the use of any such trademarks, names or logos and such use may constitute an infringement of the holder’s rights.
6.6. Any rights not expressly granted in these Terms are reserved.
7.1. The information provided in our website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Whilst we endeavour to ensure that the information on our website is correct, we do not warrant the accuracy and completeness of that information and we will not be held liable for any errors or omissions. The material on our website may be out of date, and we make no commitment to update such material.
7.2. The products which are supplied via our website have been designed to comply as far as we are aware with the statutory legal requirements and relevant safety standards of the United Kingdom. We can therefore make no representation or warranty that any product provided via or referred to in our site is compliant with health, safety or other legal requirements which apply outside the United Kingdom or are otherwise suitable for use outside of the United Kingdom. You may not access our site from countries where their contents are illegal or unlawful. If you do access our site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
7.3. We take every reasonable care to ensure that all orders and subsequent transactions are conducted via a secure link. However, the security of information and payments transmitted via the internet cannot be guaranteed and as we are not responsible for the operation of the secure link we will not be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide.
7.4. We do not warrant that the functions contained in our site will be uninterrupted or error free, that defects will be corrected, or that our site or the servers that make them available are free of viruses or bugs or represent full functionality, accuracy or reliability of the materials. We will not be liable for any loss, disruption or damage to your data or your computer system or any other damages (including amongst other losses, loss of profit or loss of use) arising out of your use or delay or inability to use our site, their content or any link to another website arising in contract, tort (including negligence) or otherwise except in the case of death or personal injury caused by our negligence.
8.1. We do not limit in any way our liability for fraud or death or personal injury caused by our negligence or breach of statutory duty or any other liability which cannot be excluded or limited under applicable law.
8.2. We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:-
8.2.1. Loss or damage was not reasonably foreseeable to both you and us when you commenced using our site or when a contract for the supply of products by us to you was formed;
8.2.2. Loss or damage was not caused by any breach by us, our employees or agents; nor
8.2.3. Loss or damage relates to your business (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure).
9.1. Our site may contain hyperlinks to third party website. Such links are provided for your convenience only. We do not control such website and are not responsible for their contents. The mere inclusion of such links does not imply any endorsement of the material on those websites or any association with their operators. If you decide to access any of the third party websites linked to or from our website, you do so entirely at your own risk and we are not responsible for any damage, loss or offence caused or alleged to be caused by or in connection with the content, information, advertising, services or products available on third party websites. We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages. Please Contact Us if a link is not working by emailing email@example.com with the subject line “Broken Link”.
9.2. Our website may also contain functionality provided by third party services. In engaging with these third party services, you are subject to their terms and conditions, and SupportICT has no responsibility or liability in connection with those services or relationship.
9.3. Our website may also contain functionality provided by third party services. In engaging with these third party services, you are subject to their terms and conditions, and SupportICT has no responsibility or liability in connection with those services or relationship. If you wish to link from your website to any pages of our site you may do so only on the basis that you link to, but do not replicate, the website page, and subject to the following conditions:-
9.3.1. The linking text must simply consist of the website address;
9.3.2. You do not remove, distort or otherwise alter the size or appearance of any logos on our site;
9.3.3. You do not in any way imply that we are endorsing any products or services;
9.3.4. You do not misrepresent your relationship with us nor present any other false information about us;
9.3.5. You do not otherwise use any trademarks we own and use on our site without our express written permission;
9.3.6. You do not link from a website that is not owned by you; and
9.3.7. Your website does not contain content of the type referred to in term 6.1 or that does not comply with all applicable laws and regulations.
9.4. At any time and at our complete discretion we reserve the right to withdraw the permission to make website links to our site.
10.1. If any provisions of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country which apply to these Terms, then so far as these Terms apply within that country in which those provisions are illegal, invalid or unenforceable those provisions shall be severed and deleted from these Terms and the remaining provisions of these Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
10.2. If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.
10.3. Events beyond our control – We will not be liable to you for any delay in delivering any services or order or for breach of our obligations, if the delay or breach is due to acts of God, civil commotion, riots, malicious damage, floods, drought, fire, epidemic, legislation, failure of ISP or telecommunications provider or any other cause beyond our reasonable control. This does not affect your statutory rights.
Law, courts and language
11.1. These Terms, use of our sites and the supply of products and services by us are governed by and to be interpreted in accordance with English and Welsh law. In the event of any dispute arising in relation to these Terms, use of our sites or in relation to the supply of any products or services by us the appropriate UK courts will have jurisdiction over the dispute. These Terms and our websites are provided in the English language only.
12.1 A deposit of a minimum of 50% of the total agreed price must be provided for the agreed work package before any work will commence.
12.2 Once work has commenced on a project, no refunds will be issued for any monies paid up to that point. If, however we (SupportICT) decide that we can no longer work on a project, and it is us that choose to stop a project, any amounts for un-completed work will be refunded to the client.
12.3 Where a web site has been developed as part of work package the completed web site will be placed on a temporary server for appraisal by the client. Upon acceptance, an invoice for the final amount will be issued. The completed web site will be hosted once appraisal has taken place. However, we reserve the right to remove the site at any time until the final amount is paid.
12.3 Where a work package includes deliverables other than a web site we reserve the right to provide temporary version in another format, with limited use, or a version that expires, until all invoices for the work package have been paid. Once all invoices have been paid the full deliverable would then be supplied.
12.4 You have the right to cancel your order at any time. In the event of a cancellation, you will be invoiced for the work already carried out based on the hourly rate. Where no work has taken place, no charge will be made.
13.1 Agreeing to these terms and conditions will not affect your statutory rights.
13.3 Late payments will be charged interest at a rate of 8% per calendar month.
13.4 The final payment must be made within 28 days of completion. This can be in the form of BACS, PayPal or cash. (Cash will only be accepted from local clients; as no responsibility will be taken for monies lost in the post). Please contact us for details required for BACS payments.
13.4 Any payment returned by the bank or other processing agency, will incur a £50 administration charge plus any fees the back or processing agency charge. This will be added to the total outstanding debt owed by the customer.
14.1 It is the responsibility of the customer, to ensure any web site or design is lawful and does not infringe on any copyright or other laws.
14.2 Where the client provides content, they are legally responsible and must ensure it is lawful and does not infringe on any copyright.
14.3 All text content is to be supplied by the client. If required we can advise about the content, for which there may be a charge for this depending on the work required. Or we can appoint a content writer to work with a client, however ultimate responsibility for content of sites remain with the client.
14.4 We can upon request, source stock images for use in a clients web site, application, or printed material, costs for this will be agreed at time of request.
14.5 We reserve the right to refuse to work on a website or application that we may judge as unfit due to its content. This includes sites that contain adult material such as pornography, hatred or discrimination towards people from a specific religion, ethnic group, or sexual orientation (this list is not exhaustive).
14.5 All graphics/designs we create will be sent as low resolution images with a watermark via email for approval.
14.6 The copyright for any material provided by SupportICT such as code, graphics, text, will remain property of SupportICT until final payment has cleared, when it shall be transferred to the client.
14.7 The copyright for any material provided by the client remains the property of the client.
14.8 Whilst every effort is made to make websites viewable on the most popular browsers available, responsibility cannot be accepted for sites that do not display correctly on browsers released after completion.
14.9 The client is ultimately responsible for checking the correctness of a site, before it is made publicly viewable.
14.10 Once a client agrees that a site can be made publicly available, they are agreeing that the design/development of the site has met with their requirements and the project is complete.
14.11 You will be provided with back up files of your site, however no responsibility will be accepted for any changes you may make. Any errors that require fixing will be charged at the usual hourly rate or part thereof.
14.12 A date of completion can be supplied on acceptance of a contract, however it cannot be guaranteed. We will endeavour to meet any agreed deadlines as best we can.
14.13 Service level support agreements for fix/break and maintenance code can be negotiated separately to work packages at an extra charge.
Third Party Services
15.1 Where third party services are to be used as part of an work package confirmation must be made at time of order to SupportICT along with access controls and access via the internet required by SupportICT to complete the work package. Where this access specialised hardware such as Crypto Key Fobs you must provide these to SupportICT at no cost to SupportICT. It is anticipated that usually a userid and password will provide the required level of access. You must also retain a separate master userid and password that give you full control and that cannot be changed by us.
15.2 Where SupportICT sets up and maintains access controls these will be recorded using an encrypted file store on a customer supplied and controlled cloud based file share. In event of work passing out of control of SupportICT the code and encryption password can be provided to the customer once any outstanding invoices have been fully paid. If required the encryption password can be kept with an agreed legal options such as ESCROW paid for by you.
15.3 All recurring purchase and fees for third party services must be paid via your bank or card accounts. SupportICT can assist as a chargeable part of the work package in scoping and settings these services up. This indulges by way of example, but is not limited to:
- Anti-virus and related protection services via software or hardware
- Cloud services
- Virtual Private Networks
- Network connection or usage
- Web hosting
- Domain registration
- ICT insurance fees
- Recertification fees to standards
- Usage fees based on volume such as adverting hits, SEO ratings, Map lookups
15.4 Sites that are submitted to search engines cannot be guaranteed high search engine rankings
15.5 Where email alerts are setup relating to the provision of third party services these will typically be sent to a nominated email address that you are responsible to maintain, monitor and taking timely action on alerts sent to this address to ensure continuation of service. We strongly recommend you do not use an alert email address that is part of your main domain.
15.6 SupportICT does not purchase equipment for customers. Where such equipment is required the customer will purchase the kit directly from the supplier and will be responsible for:
- Warranty issues
- WEEE for old and new equipment
- Maintenance contracts to keep the equipment in physical good order
- Insuring the equipment
- Retaining packing and materials that may be required as part of any returns process
- Keeping spares of the equipment should these be vital to the operation of the organisation
- Securely transporting and storing backup or business continuity materials
15.7 Where the customer supplies equipment to SupportICT as part of a work package then the customer remains responsible for this equipment which is held by SupportICT. This includes, but is not limited to insurance, for theft or loss, of equipment under the physical control of SupportICT for:
- Transport between sites
- Of site backups
- Under investigation
These Terms and Conditions were last updated: November 2017