Terms and Conditions
1/ The following terms and conditions apply to all web site design and other services offered by New Generation Websites.
2/ By ordering services from New Generation Websites you are agreeing to the following terms and conditions.
3/ "We", "Us" and "Our" refers to New Generation Websites.
4/ "Clients" and "You" refers to New Generation Websites's clients for website design or any other related services.
5/ All clients as part of our service will include a ‘.co.uk’ domain name to the clients choice where available. Other domain extensions such as ‘.com’, ‘.net’, etc will incur additional cost. Those clients who already own their domain name will undertake at their own expense transfer or adjust their domain pointer to our servers. This service can be arranged by us but will incur an extra charge.
6/ All our clients will be expected to have their website hosted on our servers. An agreed hosting charge may be superseded by a higher charge if the clients website has an unforeseen higher visitor count, larger than expected content or substantially higher than client average – this is to cover the extra costs of site visitor downloads and/or extra server requirements.
7/ New Generation Websites offer extremely competitive prices based partly on future annual renewals (hosting charges). If clients do not host with us or choose to move our website design away from our hosting server, there will be release fee due in lieu of the normal higher cost of other website developers. This release fee is usually based on a linear sliding scale over a five year period starting at 100% from the first year (80% from the second, 60% from the third, etc). This is excluded from websites costing in excess of £2000 + VAT.
8/ 50% of the agreed final cost is required upfront for our web design work, this is non-refundable since foundation work will be carried out from onset. We will create a mock up site of your proposed web page including your draft text. If after the draft version you are unhappy with the layout, you will be required to supply exact and specific written requirements with illustrations where appropriate. If you are happy with the general feel and text content, we will continue to incorporate your images, making any final corrections or modifications to text. We will give you one further development version to confirm the content and structure is satisfactory. On satisfactory completion the remaining 50% will be due, at which point we will enable your email and your website.
9/ Where video content is sought we will invoice for 50% of the agreed costs for the video element prior to our studio shooting the video. This must be paid prior to the shoot, with the remaining 50% of the costs of the shoot being paid on completion of the shoot. These costs are seperate from the website costs.
10/ In circumstances where bank charges have been incurred by New Generation Websites through declined, rejected or stopped payments, we reserved the right to add up to £26.00 (VAT inclusive) or the actual charges if higher, in addition to any outstanding amount.
11/ It should be noted that New Generation Websites are not a graphic design company – we will happily attempt to provide design changes to images but if you are not satisfied with our interpretation, you will be expected to provide this content either by yourselves or a third party at your expense.
12/ New Generation Websites cannot always guarantee to start work on web design projects immediately. If this is the case it will be discussed with the client before any work is started. All reasonable efforts will be made to work to client time scales.
13/ It is our clients prerogative as to whether we have a free hand at designing part or all of the website. If the client gives specific instruction we will carry this out and only deviate where constraints exist with the operating system or development tools - this will be discussed with the client and options given. Where we are given a free hand with no specific instruction and the website is not produced the way the client expected, New Generation Websites reserve the right to charge a further fee to re-produce the website in accordance the the clients new instruction
14/ All material, both text and images, supplied by the client and used in the construction of the client's web site by New Generation Websites will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. We accept no responsibility as to the accuracy, legal requirement or any other obligations necessary in the content or build of the website.
15/ The copyright for all material provided by New Generation Websites, such as HTML code, graphics, photographs and text, will remain the property of New Generation Websites. If a client at a later date either moves to a new web developer for hosting or a new website, New Generation Websites reserve the right to continue to display the site for showcase purposes under a new domain name. It is agreed by the client that we can continue to maintain the site data provided by the client at the point of contract termination.
16/ New Generation Websites will make every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed. If this is the case we will gladly modify pages to work on newer browsers at an additional fee. At New Generation Websites we design your website with W3C standards in mind.
17/ New Generation Websites remain owners of any domains bought through domain hosting accounts held with New Generation Websites (or their owners) unless specifically agreed prior to works carried out on client websites. Future transfer of domain names to clients will be solely at the owners discretion and will involve a fee.
18/ We reserve the right to temporarily remove any websites and disable emails that have not been paid for during the testing phase. When payment is received the website will be re-enabled.
19/ Hosting clients websites and emails is not in anyway an obligation on our part and we reserve the right to cease hosting any clients website and email for reasons of but not limited to a breakdown in reasonable business relations with our clients. In this case, the website will be supplied on disk to the clients registered office and their domain name will be released for transfer without fee. Any outstanding hosting fee paid for the year will be refunded pro-rata except in the first year where hosting is provided as a free of charge service. Under no circumstances will we offer help uploading to third party hosting facilities.
20/ New Generation Websites provide a variety of website solutions but cannot guarantee or be held responsible for the success or failure of an online business, we simply provide the vehicle for the owner to promote and maintain.
21/ We reserve the right to add interest and administration charges to any overdue or unpaid invoices not settled within 14 days of the date of the invoice. New Generation Websites will take legal action to recover such losses. In addition we also limit any liability to the cost of our services alone.
22/ New Generation Websites reserves the right to alter prices at any time without notice. If a client has instructed us and has paid the deposit for any services from New Generation Websites prior to a change in prices, that job will NOT be subject to any increase providing information necessary to produce the site fom the client has not exceeded six months. If a site cannot be completed within six months due to insufficient information from the client then New Generation Websites have the right to re-evaluate the final cost of the project.
23/ Where on occasion clients are repeatedly asked for further information and fail to respond adequately within 12 months, New generation Websites will deem the project closed and will actively seek compensation for pro-rata time spent on the project. Continuity after this point may result in additional charges made clear at the time of re-start.
24/ New Generation Websites aim to have 99.99% uptime on our server space but cannot be held responsible if this is changed due to circumstances beyond our control. We will make all reasonable efforts to ensure your website is online at all times.
25/ New Generation Websites do not in any way hold responsibility for your website including legalities of the content of your site, nor any issues arising from its use or access.
26/ Any website owner using illegal or unfair techniques to gain visitors to their websites (spam e-mails or other unauthorised techniques) will not be allowed to host their website's on our hosting companies servers. Any website owners found doing this will have their website(s) removed from the server and domain name(s) released.
27/ We reserve the right to refuse to construct a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
28/ In the event of a complaint; in the first instance you should detail your grievance and your ideal outcome highlighting all relevant communications to The Director, New Generation Websites, Complaints, 2 Eastfield Court, St Albans, AL4 9JL. We take complaints seriously and in some instances may take legal advice, please be aware this procedure may take up to 6 weeks to complete but our outcome will take into account all details and be seen as fair and just. It should be noted that grievances not following our complaints procedure will not be given due consideration. In addition, where we have already offered a concession in good faith in order to help any situation arising and then a complaint is officially made, NGW reserve the right to withdraw the previous concession. Any complaints not following the grievance procedure will reult in immediate account suspension without compensation and any accessible website content and email hosting will become immediately disabled.
29/ We reserve the right to incorporate a small text label and link to our site as the providers of your website. These will be small and subtle links usually only noticeable when looking for them.
30/ We reserve the right to use and display clients logos and other graphic design material in given testimonials and in New Generation Websites marketing material both web and print based.
31/ New Generation Websites is the new operating name of TechAdvice and www.techadvice.co.uk and all client ownership now operates under the new name and all conditions held within.
32/ By agreeing to these terms and conditions your statutory rights are not affected.