Terms and Conditions of VyeNet - As of 21^st August 2006

General

1.        The contract between VyeNet and the client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

2.        On payment of the deposit the client is agreeing to these terms and conditions.

3.        VyeNet may change or remove any part of these Terms and Conditions at any time, without notice. Any changes to these Terms and Conditions or any terms shown on this website or any sub sites hereof, apply as soon as they are shown.

4.        The work to be carried out, requested by the client, shall be confirmed by VyeNet in writing and by email.

5.        VyeNet will only commence the work set out in the confirmation letter on receipt of 50% of the quoted fee. A final payment is to be made on completion of the website.

6.        If additional work is required to be carried out by VyeNet, that is not sent out in the confirmation letter, then the quoted fee may differ.

7.        VyeNet are in no way responsible for content that appears on a client's site, the site must operate legally within UK law. The website should not in anyway be illegal.

8.        VyeNet cannot be held responsible for anything that affects the client's business and do in no way garantee a service will help sales, increase sales or profitability. VyeNet does not guarantee any amount of traffic/hits to any web site created.

9.        VyeNet will provide the client with constant updates on the progress of their requested service and will provide the client with an estimated completion date. We will endeavour to meet the estimated completion date however the estimated completion date can not be guaranteed. VyeNet are not bound in any way to complete the project by this date.

10.     VyeNet will try several ways to improve search engine optimization but VyeNet do not guarantee any specific placement or high ranking on search engines.

11.     VyeNet are not liable for loss, damage or corruption to files or information stored on our servers relating to a client's website. The client is solely responsible for any information or files relating to their website. VyeNet makes every attempt to backup and keep files secure but responsibility is still with the client. Backups of their there files maybe requested at anytime without cost.

12.     VyeNet has no control of, or responsibility for, the content of our client's web sites. In no way does the textual or image based content of our client's web sites constitute VyeNet endorsement, or approval of the web site or the material contained within the web site. VyeNet has not verified any of the materials, images or information contained within our client's web sites and is not responsible for the content or performance of these sites or for the client's transactions with them. VyeNet provides links or references to our client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.

‘100% Guarantee'

13.     VyeNet operates a ‘100% Guarantee' on all our products (exceptions apply see below). ‘100% Guarantee' means we will do an unlimited number of design revisions to the web site until the client expectations have been met or exceeded. Revisions include colours, font styles, graphics, positioning of elements, functionality & content. However once the site is 'live' the client is confirming that they are 100% happy with it and any requested changes may incur a charge.

13.1.   Exceptions occur to E-commerce & Content management systems in functionality. Functionality is mostly out of our control as we use ‘out of the box' products to create them. Clients can request changes to the functionality but no guarantee is given on them.

Hosting

14.     VyeNet will provide the client with a reliable and professional hosting service but this is not a guarantee that the hosting service will be available at all times, VyeNet will not take reasonably for technical failures that occur to your hosting service.

15.     Hosting and domain names are to be paid annually.

16.     All sites provided by VyeNet must be hosted on the VyeNet server, sites can only be moved after the first year hosting fee has been paid in full.

17.     Clients should ensure that they renew all hosting and domain names within good time when contacted by VyeNet about a renewal payment. VyeNet will not be held responsible for the loss of a domain name and the suspension of service due to renewal issues.

18.     VyeNet will do their best to provide the client with the hosting/domain renewal date and payment must be received thirty days prier to this date, the resolution in suspension of service will occur a reactivation fee.

19.     All hosting and domain name fees are recurring annual payments. The date of renewal for both domain names and hosting will be annually from the date the website was ordered by the client.

Cancellation

20.     Should the client wish to host their purchased web site or VyeNet product else where with a service provider (host) other than VyeNet then a cancellation fee of £50 will occur. This will include a hard copy of any source code and graphics (exclusions apply see point 26). There will be no refund on any paid hosting, domain fees or maintenance fees that have been purchased with VyeNet. VyeNet will not honour a maintenance contact on another host other then our chosen provider.

Maintenance to web site before completion

21.     Any changes can be made to a web site while it's in the development process (as per point 13). Once the confirmation letter has been sent confirming the web site is finished and online, any alteration or changes must be paid for (except if the client has paid for maintenance see point 13) at an additional cost. Changes/maintenance/alterations to a web site include;

21.1.   Any change of any kind.

21.2.   Change of any text including position, style, colour, type and size.

21.3.   Changes of any graphics/photos/images including position, style, colour, type and content.

21.4.   New or change to details of existing email accounts (if purchased email).

Maintenance

22.     If the client has purchased maintenance for their web site they are bound by points 21 to 22.3.4.

22.1.   VyeNet will not honour a maintenance contract on another service provider/host other then our own.

22.2.   A list follows of what is exactly IS included in maintenance for a web site.

22.2.1.        Change of text - colour, font type, font size and actual wording of the text.

22.2.2.        Change or addition of images.

22.2.3.        New or change details of existing email accounts (if purchased email).

22.2.4.        Change of base colour of pages.

22.2.5.        Any reasonable request for change on the web site will be considered but not guaranteed.

22.3.   A list follows of what is exactly NOT included in maintenance for a web site.

22.3.1.        VyeNet hold the right not to change the positioning of text as this may require a complete recoding of the web site. Though in most cases this can be done.

22.3.2.        Additional pages are not included; these must be purchased at the price in the quoted letter.

22.3.3.        VyeNet hold the right not to change the style/text of navigation as this may require a complete recoding of the web site. Though in most cases this can be done.

22.3.4.        Re-designs of the site (e.g. complete colour changes, changing positions of elements)

23.     The cost of additional pages depends (at time of purchase or after) on the package you select; this cost will be delivered to you in the written quote.

Content

24.     Clients are responsible for supplying all content to a web site including text and graphics.

25.     Clients should ensure that all images provide by the client are available for use and that in using these images they are in no way breaking UK copyright law. Should any legal issues or claims arise from the content or copyright of any images supplied by the client OR VyeNet, they will be the sole responsibility of the client.

Software

26.     Any software that VyeNet provides to the client is strictly for use on our approved server (host), which include:

26.1.   Any operating systems (OS).

26.2.   Any web servers.

26.3.   User updater.

26.4.   RSS News Feeder.

27.     If VyeNet charges for any of the above software, the client is NOT purchasing a licence for them but paying a setup fee.

Payment of Invoices

28.     All invoices rendered by VyeNet are payable within twenty eight (28) days from the date of invoice.  The Customer agrees to pay VyeNet in full within this time period.

29.     If the Customer fails to pay any invoice by the due date for payment, then without prejudice to VyeNet's rights under this Agreement, the Customer shall also pay VyeNet interest on the outstanding amount. We will exercise our statutory right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 (at 8% over the Bank of England base rate) if we are not paid according to our agreed credit terms.