Terms and Conditions for Unique Websites

Definitions

The Customer means the indivdual or company who has requested the services of Unique Websites.

Type of Customer

Unique Websites reserve the right to do websites for more than one customer in the same field (restaurants, taxis, counsellors etc) in the same area. With each customer, we go through our current "design questionnaire" to establish the message to be got across in each part of the website and customer preferences such as whether or not they like rotating images, hover images, tick boxes, background images, curved lines or straight lines or fuzzy lines etc.

Uniqueness

A template website replaces one photo with another photo of the same size and (sometimes) allows for a change of colour. At Unique Websites, we do not use template websites. We design each website from scratch taking into account the design preferences that the customer gives in our detailed design questionnaire.

When designing websites, however, we (and other web designers) use one or more of a range of design techniques and no element of these design techniques can be claimed by a customer to be unique to them. Examples of design techniques that have and will be reused in different websites include but are not limited to:

  • Rotating images that have pictures and/or writing on
  • Rotating images that give a different chunk of the customer message in each rotation
  • Images/words/arrows that give another image/words when hovered over
  • Tick boxes that give the customer selling points
  • Images from one part of the design or logo being used as background images, menu hover images, ticks or bullet points in other parts of the design
  • Snippets of testimonials being scattered throughout different website pages
  • Image galleries
  • Lines of photos being displayed across a section of the website (often the footer)
  • Shading gradients
  • Image frames using drop shadows, curved lines, single lines etc
  • Background images that cover all or part of the screen
  • Semi-opaque backgrounds that allow the image behind it to show through
  • Using images as main or supplementary menu items
  • Using images / text boxes with a background image which, when clicked on, takes the reader to a different page or bookmark within the website

Selling Points Stated on Customer Websites

Unique Websites work in conjunction with each customer to establish the main selling point(s) that they wish to appear prominently in their website slogan as well as the secondary selling point(s), if any, that they wish to be got across and the additional selling points, if any, that they wish to be placed into some sort of "tick boxes" on each page. It should be noted that, if one customer claims that they offer a "professional service" or a "quality service" etc, then Unique Websites will not stop another customer from claiming that they offer a professional or quality service etc.

Wording on Customer Websites

If Unique Websites do the wording for a customer website, we work with the customer to establish in detail what services/products they offer, what strengths/selling points they have for their company as a whole and for each type of service/product etc and then write this in a logical, SEO-friendly way that is easy for humans - and search engines - to follow. If we do a website for another customer in the same field, we repeat the process for that customer. Whilst we do not consciously copy text from one website to another, we will follow a logical, SEO-friendly approach for subsequent customers and customers must be aware that we will often by necessity be discussing the same types of information in each website and that we have our own style of writing content that, we believe, works. In particular, sections such as an "areas covered" paragraphs are often added to a page to help with SEO.

Logos

If we create a logo to be used by a customer on their website, we do not consciously copy another logo. However, it must be understood, that we are not aware of every logo of every company in the world and that there could be another company somewhere with a similar logo. For this reason, website logos are offered purely and simply as logos for the website; if customers choose to reuse these logos on printed material/cars/office signs etc, they do so on the understanding that Unique Websites do not know whether another company somewhere has got a similar logo. In any case, Unique Websites accepts NO responsibility for legal disputes with another company regarding logo similarities.

Payment

All prices are in Pounds Sterling. If payment is made via Paypal, an additional 3.4% fee must be added.

Unique Websites take payments in three stages:

  • Design: A non-refundable design deposit BEFORE design and SEO research; this is one third of the estimated cost of the project.
  • Coding: A non-refundable coding deposit BEFORE the website is coded; this is a further one third of the estimated cost of the project.
  • Making the website live: Complete non-refundable remainder of the outstanding balance must be cleared BEFORE the website goes live. In addition, a monthly standing order for the hosting and domain renewal must be in place before the website goes live.

We will only proceed to the next stage (design, coding or making the website live) AFTER payment has been received and after agreement (verbal or written) has been received from the customer. If the customer gives a verbal "go ahead", this shall be deemed to be sufficient authority to continue.

If, for any reason, the customer decides not to continue with a website, a refund shall NOT be given and any work already done must be paid for no later than 30 days from the invoice date. Legal action will be taken if necessary.

Payment: Website Changes to Live Websites

All changes to a live website must be paid for by the customer; Unique Websites will charge their hourly rate as stated on the Prices page.

Invoices must be paid within 1 month; if repeated invoices must be sent due to non-payment, Unique Websites will add admin fee(s) as detailed below.

We reserve the right to ask for advance payment.

Payment: Monthly Hosting and Domain Renewal

The monthly hosting and domain renewal charges must be paid by a monthly standing order; failure to do so will incur an additional late payment fee.

Non-Payments and Standing Orders Not Set Up

For both website work and standing orders for hosting and domain renewals, our procedures are:

  • First invoice or standing order request: this must be paid within one month.
  • Second invoice or standing order request: if the first invoice is not paid or the first standing order request is not set up, we will send a second invoice or standing order request. Payment must then be made within 7 days. Failure to do so will lead to a late payment fee.
  • Third invoice or standing order request: we add a £20 late payment fee. Payment (including the late payment fee) must be made within 7 days. Failure to do so will lead to an additional late payment fee.
  • Final invoice or standing order request: we add an additional £20 late payment fee. Payment (including two sets of late payment fees, total = an additional £40) must be made within 7 days. Failure to do so will lead to site suspension and email disablement. Legal action will be taken if necessary.

Note that website and email reinstatement (following payment of all outstanding bills) will involve a further cost. If a website remains missing from search engine indexes for a period of time, this may harm its performance in Google / Bing upon reinstatement.

Timescales

  • Design: We generally offer customers designs and keyword research within a week or so of receiving the design deposit; during busy periods or in the event of unforeseen circumstances, this could increase.
  • Coding: Unique Websites will only schedule a coding slot for a customer once they have received the coding deposit, any necessary words, photos or graphics and a confirmation that the customer is happy with the design and that no changes are required to the design, words, photos or graphics. Customers must be aware that coding slots are allocated on a first-come first-coded basis: if other customer(s) give us their coding deposit/website materials/design approval first, then their website(s) will be coded first. Coding slots cannot be held open on the promise of a deign deposit or website materials.
  • Making the Website Live: we will make the website live once the full outstanding balance has been cleared and once a standing order form for the monthly hosting and domain renewal fees has been created.

The dates for delivery of the website, whether verbal or written, are approximate only and could be subject to change as a result of unforeseen circumstances such as illness. Unique Websites will not be liable for loss of earnings, costs incurred or compensation due to such changes in dates.

If Unique Websites are waiting for material from the customer, then Unique Websites will have the right to begin other work. Under such circumstances, the customer may have to wait until this other work is completed before their website is resumed.

Monthly Hosting and Domain Renewal Fees

These are due each month by standing order.

Failure to pay by standing order must be agreed in advance by Unique Websites and an admin fee will then be charged.

Failure to pay will result in website removal.

Website Design

It is the customer's responsibility to research the market and decide on a style of website that they would like BEFORE Unique Websites begin designs. If the customer states that they want a website with one type of style and colour scheme and then decide at a later date that they want a different type of style and colour scheme, then changes will have to be paid for.

Customers accept that, over time, website styles and best practices change and that the website may need to be updated (at the customer's expense) as time goes by.

Website Changes After Design Phase

Our prices are based upon having fixed and agreed design, words and photos/images to code from. Unique Websites are happy to make a few minor changes to a few words or a few images after coding, but any time-consuming or multiple changes to the design, words, photos/images or coding must be paid for by the customer. Under such circumstances, Unique Websites will charge their hourly rate as stated on the Prices page.

Changes to Technology, Internet Environment and Legislation

Unique Websites try to ensure that the website will function correctly when viewed in Chrome, Microsoft Edge, Mozilla Firefox and Opera. We test the website under the version of these browsers on our PCs at the time of creation. Note that customers may have different versions of these browsers installed on their PCs; whilst we try to ensure compatability, we cannot guarantee compatability with every version of every web browser. In particular, we no longer support Microsoft Internet Explorer Version 6 - 9. If, once the website is live, new browsers are brought out, Unique Websites are not responsible for forward compatability. Any changes required to make the website work properly on browsers not tested for at the time of website creation must be paid for by the customer.

We test all websites on a Nokia mobile and Apple Ipad tablets and also test websites on different browsers set to mobile and iPad width, It CANNOT, however, be guaranteed that a responsive website will display perfectly on EVERY device (although we would expect them to do so on most).

If other technological or legislative changes happen that affect the customer's website once it has gone live, Unique Websites will endeavour to comply with them but this additional work must be paid for by the customer.

Customer Responsibility

The customer must take complete responsibility for their own business. During the course of meetings or correspondence (written or verbal), Unique Websites may sometimes be helpful and give ideas or make suggestions, but the customer must take take full legal responsibility for their own business decisions and for the naming and working of their own business. In particular:

  • Domain name / Company name - sometimes Unique Websites are asked to help customers choose a domain name; sometimes customers then make this domain name their company name. Whilst Unique Websites may contribute ideas on a brainstorming basis, it is the customer's choice and the customer's responsibilty to choose a domain name and a company name that works for them. In particular, the customer must take all legal responsibility for the naming of their own company.
  • Website words - the customer must read the words on the website and ensure that they accurately reflect his or her business. If Unique Websites write or rewrite the words, the customer must take responsibility for ensuring that these accurately reflect the way they wish their business to operate.
  • Any suggestions made by Unique Websites as to the working of the customer's business, whether verbally or in writing, are just that: suggestions. The customer must decide what works for them. This customer responsibility also applies when Unique Websites are involved in writing website words (this process is often done by taking whatever information the customer has the time and ability to impart and mixing this information with internet research and general knowledge). Under all circumstances, it must be understood that Unique Website are not experts in whatever business the customer has got: the customer must take responsibility for reading the words written and for deciding how their business should best operate.
  • It is the customer's responsibility to check the the website content (especially names, addresses, mobile numbers, email addresses and telephone numbers) before the website goes live. Unique Websites shall have no liability for any inaccuracies.
  • It is the customer's responsibility to test that the website Contact Form emails arrive at their email account. Whenever any changes are made that affect the Contact Form, this check must be redone by the customer.
  • Whilst Unique Websites endeavour to test the website thoroughly before handover, it is the customer's responsibility to check that functions such as Paypal work correctly and that any Wordpress plug-ins work correctly.

Website Material Supplied by or Uploaded By the Customer

The customer guarantees that any text, photos, graphics or other artwork given to Unique Websites for use in the website - or uploaded by themselves - is owned by the customer.

The Customer shall not supply or upload any text, photos, graphics or other artwork that infringes the Intellectual Property Rights of a third party.

The customer shall not supply to Unique Websites - nor upload themselves - any material that is unlawful, fraudulent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. The customer shall not upload adult content.

The customer shall not supply to Unique Websites - nor upload themselves - any software viruses or any other computer code, files or programmes designed to in any way to damage or limit any computer software, hardware or telecommunications equipment.

The customer shall hold Unique Websites totally blameless from any claim arising from the use of such text, photos, graphics or other artwork or elements that were supplied or uploaded by the customer. The customer shall take full financial and legal responsibility for any such claim arising and shall fully indemnify Unique Websites for any such claims, including the cost of any legal fees.

Search Engine Optimisation (SEO)

Unique Websites do not guarantee the position of a customer's website in search engine listings. This position can change over time as search engine algorithms change or as other competitors increase their website presence. Unique Websites shall have no liability to the customer for the position of the customer's website in the search engine results.

The customer acknowledges that their position in the search engine listings is dependent upon a mix of content, coding, backlinks from other websites, social signals such as customer testimonials on different sites, social media such as Google+, having their address in the town they want to service and having the same valid address on all internet locations. If the customer wants to achieve better website rankings, they may need to create some off-site SEO such as creating a Google+ page, creating listings in local and niche directories and asking their custoemrs to review them on relevant sites. They may also need to rewrite their website words to take account of chagnes in guidelines. If this is not enough, the customer may need to hire (at their expense) a search engine optimisation specialist. Any changes to the website required by the customer (or requested by the search optimisation specialist) must be paid for by the customer.

Website Hosting

Unique Websites do not guarantee that the Hosting Server will be continuously available 24 hours a day, 365 days per year; Unique Websites are not responsible for any losses that the customer may occur due to server downtime or in the event of a technical failure beyond our control.

The Customer accepts the Hosting Service and Server "AS IS" with any faults, or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitations any implied warranty of accuracy, completeness, quality, continuity of service, connectivity and fitness for a particular purpose.

All websites are configured to work on our server and are uploaded to this server by Unique Websites. Any customers wishing to use a different server shall bear the responsibility for having it configured for use on this different server. If customers use a different server, they will also be responsible for uploading the website onto this server.

On the rare occasions that we host Wordpress websites that we have not created, it is the customer's responsibility to ensure that Wordpress and plugin updates are performed.

Website Emails

The customer guarantees not to use their company email account(s) for any junk mail, spam emails, pyramid schemes, chain letters or any other form of unsolicited advertising; if an email forwarding service is used, the customer guarantees not to allow spam emails to be sent to that account. Unique Websites have the right to suspend or cancel the email accounts of customers who - in the sole opinion of Unique Websites and at their sole discretion - undertake such practices. The customer agrees to fully indemnify Unique Websites against any loss or claims caused by such practices, including legal fees.

As part of our hosting service, Unique Websites will create company email accounts. These can either be accessed by logging onto the server OR by setting up a mail application on the customer' PC so that no log-on is required. Instructions are provided for customers to set up their own PC mail application if they choose; if they require Unique Websites to do this, then we charge our hourly rate plus the cost of any travelling.

Professional Bespoke Websites

Carefully Designed

We'd be happy to meet with you to discuss your ideas and requirements. For customers who are further afield, Skype, phone calls and emails can be very effective.

“They were so helpful in all our dealings and I would not hesitate to recommend them.”

The Suffolk Barn