Terms and Conditions
Terms and Conditions
The following Terms and Conditions document is a legal agreement between Piron Technologies, hereafter called “Piron”, “we”, “us”, “the company” and you “the customer”, “customer”, “user” for the purposes of website design or development services.
Piron provides and offers its services such as bespoke website development, computer building & planning, IT Support to our customers.
2. Acceptance of Work
All quotes are valid for a period of 28 days from the date of issue.
When the customer makes a request for our services as outlined in section (1) of this document, Piron will provide an offer of service in the form of a formal quotation to the customer detailed with the description of the works to be carried out as well as the cost. No contract will be in place until acceptance of the invoice and payment of a standard 15% non-refundable deposit is made by the customer. The deposit paid by the customer is deducted off the total cost of the final invoice.
Once the customer has paid the 15% deposit – the company recognises this as acceptance of the work detailed in the invoice and the customer acknowledges that the invoice is valid and correct. If there is any error with the invoice, the customer has the opportunity to inform the company prior to any works being carried out. The customer acknowledges they will keep a copy of the invoice safe for their records.
Additional work requested by the customer that is not specified in the agreed quotation is subject to an additional quotation by us on receipt of specification.
We will carry out all the necessary testing during the development / build phase of your requested service on our platform.
The customer agrees that any third-party hosting or third-party plugins which the website incorporates is classed as additional work and is not included in the quotation unless it is explicitly specified by the company. Any additional work carried out is subject to our hourly rate which will be provided to you with a minimum charge of 1 hour(s) work.
The customer agrees that any information and material which is required by the company will be provided in good time to ensure the company is able to complete the provided services within the agreed time frame. The company is not liable for any project delays due to any delay in the customer providing any required content.
3. Permission and Copyright
The customer acknowledges any content whereby it is written, photographic, graphical or any other type of media they are legally allowed to use this and the company holds no liability to any copyright infringement due to the providing of such material by the customer for the works carried out.
The company reserves and holds all copyright to any design and written content created by us; upon final payment of the invoice, the customer may request the transfer of the copyright which will be provided as written confirmation.
The terms outlined grant the non-exclusive and limited use of the design to one website on a single hosting platform only. The customer is not permitted to use the design on multiple websites or replicate its code with prior written agreement between the customer and the company. The company reserves the right to refuse such requests.
All code and provided material is subject to an agreement that the customer cannot resell or redistribute any of the design or website files without prior written permission.
The customer agrees that the company may include design and development credits within the written code and at the footer of each website which is built for the customer. This is applicable for all websites which we maintain or inherit from a third party, the company reserves the right to apply our credit discreetly at the bottom of the website.
The customer agrees that the company reserves the right to include any work done for the customer in a portfolio of work.
4. Digital Media & our duty of care
We reserve the right to:
- Refuse any media that is deemed unlawful or inappropriate.
- Refuse any media that contains a virus or hostile program.
- Refuse any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
- Refuse any media that constitutes a criminal offence, or infringes privacy or copyright.
If the company suspects the customer is carrying out illegal activity or is not acting in good faith, we have the right and duty to report such activity to the relevant authority for investigation.
As a part of our duty to the safeguarding of any material, if the customer is found in breach of hosting any media which is deemed harmful, offensive or of adult nature we will immediately remove the offending content and suspend services until the customer acknowledges this infringement and understands the removal of the material. There is a statutory charge for this which the customer agrees will be paid before services are resumed.
If the customer breaches this a second time, we will immediately suspend all services and issue a formal breach of contract to the customer and terminate all services. If services are terminated due to breach of contract by the customer, no refund will be payable by the company. Under our discretion, we may transfer your services to a new provider which will be classed as additional work.
5. Domain names and Hosting
Piron Technologies can, at its own discretion, but is not obliged to, offer domain name registration and hosting via a third party service.
The customer agrees that registration of a domain name does not provide endorsement of the right to use the name. The customer is responsible for ensuring they have due title to the domain name. The company holds no liability and the customer hereby agrees to indemnify and hold harmless the company from any claim resulting from the customer’s registration of a domain name.
The domain name is registered in the customer’s own name, address and contact details. The customer should be aware that a domain name is registered with a third party and as such the customer shall agree to fully abide by the terms and conditions set out by the third party for such services.
The customer agrees to take all legal responsibility for use of third party domain name and hosting services and supply truthful details to the third party services.
The customer agrees that information submitted for registration of domain names is then available to the general public via the Nominet Whois system. However, customers who are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.
The customer is liable to pay the company for any domain name registrations and the initial set-up of the hosting if included as part of the website build.
Any support relating to the domain name, hosting and email services are between the customerand the third party service.
Any other domain name and hosting services or costs not included by the company, including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the customer to the third party services.
The customera grees to pay the domain name and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the customer and third party service.
The customer agrees that if at any time their contact details, including email address, change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain name and hosting services are not received by the customer.
Payment for a domain name and hosting services is to be made immediately on receipt of an invoice from the third party service. Failure to comply with the payment terms may result in the customer’s domain name becoming available to another party and/or the website and email services becoming unavailable.
The customer agrees to pass on FTP details and any other access details relating to their domain name and hosting account that the company requires to upload the website if required as part of a project.
The company reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.
The customer agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the company from any claim resulting from the customer’s publication of material and use of the domain name, hosting and email services.
The customer agrees to take full responsibility for all usage of the domain name, hosting, and email services and to fully abide by the terms and conditions set out by the third party for such services.
The customer agrees that an HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by the Internet browser software. The company agrees to try to match the design as closely as is possible when building the code.
During a website project, it is important that the customer communicates information to the company to achieve the required result.
The customer agrees they are permitted a maximum of 4 hours of alteration on projects of £3000, with an additional 1 hour of alteration available per whole £1500 of cost after that, unless quoted otherwise. All alterations are to be requested in writing either by email or postal mail by the customer. After the allocated time for alterations is used up, either in design or coding, the company reserves the right to advise the customer of such and send a separate quotation to the customer and to request payment for any further alterations. The company reserves the right to request payment be received for further alterations before continuing work. Upon completion of the agreed design, the customer is asked to confirm in writing by email or postal mail that the design and the screen size is signed off as complete and agree that any further design alterations are chargeable.
If the customer requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, the company reserves the right to quote separately for these alterations.
If optimised pages are included as part of the project, the company will optimise the customer’s web pages that already makeup part of the project. Optimised pages is not the creation of new pages. The optimisation of the web pages can include the meta tags, keywords, description, title, alt tags, and text provided by the customer.
The company endeavours to create pages that are accessible to search engines. However, the company gives no guarantee that the site will become listed with search engines. If an error or issue with the design or code arises during the project, which does not allow the design or code to match the original specification, then the customer agrees that the company can apply a nearest available alternative solution.
The company at all times applies reasonable skill and care in provision of services.
On request, the company can create a copy of the website on project completion. A small charge will be made to cover the cost of this, unless quoted otherwise.
Once the project is completed, the company will upload the website to the customer’s live web address if included as part of a project.
After site completion, a customer or a third party of their choosing may wish to edit their website code themselves to make updates. However, the customer agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the customer or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then the company reserves the right to quote for work to repair the website.
The company reserves the right to assign subcontractors in whole or as part of a project if needed.
The company will keep a copy of the site and design source files when a website project is being worked on. However, the customer agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.
All communications between company and customer shall be by telephone, email, Skype or postal mail, except where agreed at the companies discretion.
8. Payment Terms
Prices are subject to change without notice.
All quoted prices are exclusive of VAT.
All invoices must be paid in full within 28 days of the invoice date, except where agreed at the companys own discretion.
The company reserves the right to decline further work on a project if there are invoices outstanding with the customer.
The company reserves the right to remove its work for the customer from the Internet if payments are not received.
9. Liability and Warranty Disclaimer
The company provides their website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The company cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error-free, nor does it warrant that the contents are current, accurate, or complete.
The customer agrees that the company is not liable for any bugs, performance issues, or failure of any third party software.
The company endeavors to provide a website within given delivery time scales to the best of its ability. However, the customer agrees that the company is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
The customer agrees that the company is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
The company is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. On handover of files from company to customer, the customer shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, the company cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free. If, after handover of files, errors are found in code the company has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then the company can correct these errors for the customer free of charge for a period of 3 months, after acceptance of the work. After the 3-month period, the company reserves the right to quote separately for any work involved in correcting an error. If, after handover of files, errors are found in code the company has created and the standard development platform, or the domain name set-up or hosting set-up have been changed, the company can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up. Should the customer go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the company reserves the right to cancel forthwith any projects and invoice the customer for any work completed.
The company shall have no liability to the customer or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if the company has been advised of the possibility of such damages.
There are sometimes laws and taxes that affect Internet e-commerce. The customer agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the customer’s exercise of Internet e-commerce.
The company may from time to time recommend to the customer that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. The company reserves the right to quote for any updates as separate work. The customer agrees that the company is not liable for any failure to inform or implement these updates to their site. The customer agrees that it shall defend, indemnify, save and hold the company harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
The customer agrees to use all company services and facilities at their own risk and agrees to defend, indemnify, save and hold the company harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the company or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the customer or its third parties.
The customer agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.
The customer also agrees to indemnify, hold harmless and defend, the company against any liabilities arising out of injury to property or person caused by any any product or service sold by the customer or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.
The company and any third party associates agree that, unless directed by the customer, it will not at any time during or after the term of this agreement disclose any confidential information. The customer agrees that it will not convey any confidential information about Piron Technologies to another party, unless directed by the company.
Piron Technologies and any third party associates shall use information provided by the customerin relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the customer in communications with them and to contact the customer from time to time to offer them services or products that may be of interest to or benefit the customer.
Piron Technologies reserves the right to terminate a project with a customer at any time without prior notification if it finds the customer in breach of these Terms and Conditions. The company shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Any and all matters pursuant to this agreement are governed by the laws of England & Wales
This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
By accepting a quotation or making a payment of invoice to use the services supplied, the customer acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.