Website Design Yorkshire, Website Design and Development, Yorkshire website designers

Web Site Design
1. Orders are accepted on condition that the wording complies with current legislation and conforms to the provisions of the British Code of Advertising Practice.
2. Definitions: In this agreement the terms have the following meanings:
· (a) "The Client" means any person, company, partnership, organisation or body at whose application, Aquablue Media agrees to provide services under the terms of
the agreement.
· (b) "The Agreement" means the contract between Aquablue Media and the Client to which these conditions will apply.
· (c) "The Order Form" means the digital or printed document completed by the Client in order to enter the Agreement.
· (d) "Order" is the request by the Client for services in the order form/agreement
· (e) "Completion of site" means 7 days from the site being uploaded to a temporary site on the Aquablue Media server for approval by the Client, without notification from the Client that the site is unsatisfactory.
· (f) "Deliverables" are the outputs of services to be supplied under the agreement and shall include but are not limited to, all software and written material, including programs, tapes, listings and other programming documentation.
3. Scope: This agreement shall apply to all services ordered by the client from Aquablue Media.
4. Payment: An up front payment of 50% of the total fee is due with order, unless otherwise agreed. In all cases full remaining payment is due upon completion of site. Whilst any payment due under the agreement remains outstanding, Aquablue Media shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement.
All payments must be made by cheque, bankers draft or money order in pounds sterling.
5. Liability: Aquablue Media hereby excludes itself, its Employees and or Agents from all and any liability from:-
· Loss or damage caused by any inaccuracy;
· Loss or damage caused by omission;
· Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
· Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
6.1 Copyright of delivered web site: Any web page, design or entire site designed by Aquablue Media carries a copyright, and cannot be reproduced without written consent. This includes all text, graphics, HTML and all other software source code as well as compiled software.
6.2 Copyright of supplied artwork, etc.: The placing of an order by the Client or other Person/Agency on behalf of the Client constitutes a guarantee that all necessary authority and copy right permissions have been obtained in respect of the artwork, design and photographs, for use in the advertisement. The Advertiser/Customer/Client must indemnify Aquablue Media in respect of all actions; proceedings; costs demands and claims arising from any such breach.
7. Precautions: Advertisements (including web sites constituting advertisements) must comply with the Business Advertisements (Disclosure) Order 1997 and the Trade Descriptions Act 1968.
8. Links Disclaimer: All links made available within web sites designed by Aquablue Media are provided as a convenience to our users.
We do not have control, exercise no responsibility and make no representations regarding the accuracy or any other aspect of the content/information found or used on visiting any other third party website. The provision of a link to a third party website should not be considered as an express or an implied endorsement by us of any content/information, products/services that may be available to you, or through, the third party.
9. Delivery: on completion of work, the deliverables will be uploaded to the client area of Aquablue Media Server for approval. Upon written or electronic approval by the client, the deliverables will be uploaded to the client's hosting area. Where the client's site is being hosted by a third party, Aquablue Media reserve the right to delay uploading of deliverables until full payment has be received.
10. Acceptance of Conditions: The placing of an order will confirm acceptance of the aforementioned conditions. Conditions stipulated on our Order Form shall be regarded as void, if they are in conflict with our conditions.
11. Law: These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England.
12. Severability: In the event any one or more of the provisions of this Agreement and/or Order Form shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order Form shall be unimpaired and the Agreement and/or Order Form shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.

Web Site Hosting
1. Aquablue Media provides web hosting to several clients. Aquablue Media are resellers for Pipex.com, and have a responsibility to protect their interest as well as a responsibility to protect each client and to provide the best services available.
The following guidelines are designed to ensure these obligations are met.
2. Web Site Content: All services provided by Aquablue Media may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom, United States Federal, State or City, or any International laws is prohibited. This includes, but is not limited to:· Copyrighted material;
· Material we judge to be threatening or obscene;
· Material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless Aquablue Media from any claims resulting from the use of the service, which damages the subscriber or any other party.
3. Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:· Pirated software;
· Violations of Copyrights;
· Hacker programs or archives;
· Warez sites;
· Hate propaganda.
Aquablue Media will be the sole arbiter as to what constitutes a violation of this provision.
4. MP3 and other music files: We do not allow the storage or distribution of MP3
files containing copyrighted music. You may distribute MP3 files of music you have created.
5. Unsolicited Commercial E-mail (SPAM): Spamming, or the sending of unsolicited email, from our servers or using an email address or domain that is maintained on a Hostroute.com machine as reference is STRICTLY prohibited. Any sites using spam or selling of spam related software or bulk email content will be closed. Aquablue Media will be the sole arbiter as to what constitutes a violation of this provision.
6. Limits: bandwidth restrictions apply to our hosted services. Bandwidth allowance is generous, and varies by hosting plan. Excess bandwidth usage must be paid for.
7. Uptime guarantee: Aquablue Media resells hosting services from a reputable and large provider (Pipex.com), and is confident in the quality of service Pipex.com provide. However, Aquablue Media can offer no availability guarantee on any aspect of the hosting service.
8. Billing: is on an annual basis.
9. Cancellation Refunds: We DO NOT refund annual hosting fees for cancelled accounts.
10. Server Abuse: Any attempt to undermine or cause harm to a server, or customer, of Aquablue Media is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.
11. Hosting provision: Aquablue Media sell hosting plans to clients whose web sites are managed by Aquablue Media. Aquablue Media does not sell hosting plans for general use except by prior agreement.
12. Limits of support: Request for technical support must be submitted by email to support@aquabluemedia.co.uk. While Aquablue Media endeavour to respond promptly to technical support queries, no guarantee of response can be made. Aquablue Media provides support with server side problems only. These include non-functioning of facilities provided with your hosting account and any faults which exist on the server your site is hosted on. Aquablue Media do not provide support on how to configure specific email clients (such as Outlook Express), or on any other client-side issues.
13. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion. 14. Limitation of liability: your use of Aquablue Media hosting services is at your sole risk. All Aquablue Media services are provided on an "AS IS" basis.
Without warranties of any kind, either express, implied, constructive or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.
Aquablue Media makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Aquablue Media service.
In no event will Aquablue Media be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, orpunitive damages arising out of the use of or inability to use Aquablues site's services or any content thereon.
This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorised access to, alteration of, or use of any record.
The formation, construction and interpretation of this agreement shall be controlled by the laws of England. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts of England (which is where our company is domiciled), and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

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