Please find our terms and conditions below. If
you are ordering, once you have read the terms please confirm that
you agree, using the form below (click here)
we would advise that you print these for your records.
1.1 In these Terms and Conditions the following meanings apply:
'we', 'our ', 'us' and 'the Company' mean Future Computer
'you' and yours' mean the client with whom we make this contract,
including any person reasonably appearing to us to act with that
'commencement date' means the date set out on the quotation .
'pre-contractual statements' includes pre-contractual statements
or agreements, representations, warranties, inducements or promises
whether or not made innocently or negligently.
'domain name' means an Internet address that has been registered
with the central authorities on the Internet on your behalf.
'web site', 'site', 'web space' mean the body of work, including
text, images, thumbnails, photos and other media, that we develop
for you and which is published on the Internet against your domain
'host' and 'hosting' mean publishing your web site on the Internet
and connecting your name to that site.
'web hit counters' means an Internet connected service that records
the number of approaches made to a site.
'down time' means any time span when any service is unavailable
causing loss of access to the Internet by anyone.
ISP means Internet Service Provider.
'intellectual property rights' means any and all patents, trade
marks, rights in domain names, rights in designs, copyrights and
database rights (whether registered or not and any applications
to register or rights to apply for registration of any of the foregoing)
rights in confidential information and all other intellectual property
rights of a similar or corresponding character which may subsist
now or in the future in any part of the world.
'the price' means the sums to be paid by the you to us in consideration
of the provision of the services.
'the terms of payment' means the terms of payment of the price specified
in the quotation
'the quotation' our written statement to you specifying the charge
for our services.
'the service' means the design, development, supply of a website,
hosting facilities and promotion of the website as specified in
'the timetable' means the timetable of the provision of the Services
as modified from time to time in accordance with the terms of this
'VAT' means value added tax.
2. Confidentiality and Data transmission
2.1 In the process of completing your work, we will hold
personal information about you. This information is used only in
the course of running our business. We do not make that information
available to third parties, unless required to do so by law.
2.2 Both during this agreement and after its termination,
the parties shall treat as confidential (and shall procure that
its personnel and each of them treat as confidential) and shall
not (and shall procure that their personnel and each of them does
not) other than in the proper performance of this agreement, use
or disclose to any person, firm or company, any confidential information
belonging to the other party or its customers, unless required to
do so by law.
2.3 The provisions of this clause shall survive the termination
of this agreement but the restrictions contained in clause 2.2 shall
cease to apply to any information which may come into the public
domain otherwise than through unauthorised disclosure.
2.4 We may collect, hold, control, use and transmit data
obtained from and about you and visitors to the website in the course
of providing the Web Hosting Services and the website. By accepting
the Web Hosting Services agreement you agree to such data being
so used and further agrees that it may be transmitted to others
in accordance with the Data Protection Act 1998.
2.5 If your web site collects personal information from visitors,
you must deal with that information ethically and you are responsible
for registering the appropriate details with the Data Protection
3.1 We shall ensure that all of our personnel engaged in
the project have the necessary skills, expertise and diligence to
undertake such work and will conform to the professional standards
generally observed in the computer industry for similar services.
3.2 Comply with the provisions in this agreement relating
to Confidential information and Data transmission.
4. Intellectual property rights
4.1 By supplying text, materials, logos and pictures for
inclusion on your web site you declare that you hold all the appropriate
intellectual property licences and permissions. We accept no liability
for any errors or omissions in respect of such permissions. You
will indemnify us in respect of these matters and agree that liability
in respect of any errors and omissions is your sole responsibility.
4.2 You will provide us with all the necessary intellectual
property notices and licences for use on the site, on request.
4.3 If we use any text, materials logos and pictures believing
it to be free of copyright and royalty, and which subsequently is
found to have limitations as to copyright or royalty usage, we reserve
the right to remove and/or replace it from the site.
5. Provision of Goods and Services
5.1 In agreeing to the provision of any services by us, you
are deemed to have read and understood these Terms and Conditions
and agree to be bound by the whole of the agreement.
5.2 Written quotations are supplied in good faith and remain
valid for 30 days from the date of quotation. The quotation forms
part of this agreement.
5.3 The quotation is supplied on the basis of best prices
for software, hardware and services at the time of quotation and
it may vary from time to time.
5.4 Quotations must be confirmed to you in writing in order
to be valid. We require confirmation from you that you agree with
the quote provided in writing together with the terms and conditions
before the order is accepted by us.
5.5 We reserve the right of accepting or rejecting the order,
however we will communicate our decision in writing within reasonable
5.6 Prices on contracts may rise from time to time. We reserve
the right to annually review our prices in the contract of services.
In June of each year we will review our charges and you will be
notified of any changes, by notice in writing, which will take effect
by 1st July of each year.
6. Production of Web Sites
6.1 On receipt of your order and suitable material for the
production of your web site, a draft website will usually be provided
within ten days. Once a final draft has been agreed we endeavour
to complete the site within a further ten days.
6.2 These time periods are subject to available time, taking
account of other scheduled work. Time estimates should be discussed
at the time of order. We accept no liability should the agreed period
be exceeded for any reason.
6.3 When placing an order for a web site you will provide
us with ideas of the layout as you may require. If no layout is
provided by you, we will produce a draft website to our specification.
6.4 Once you are in receipt of the first draft, you will
provide details of any changes of layout and design to be taken
into consideration for incorporation in the final design within
10 days from the delivery of the draft website. These agreed alterations
will then be applied to the design so far as practicable.
6.5 Any further alterations to the layout whether of a major
change or a series of smaller changes may result in further charges
and we reserve the right to make any such charges as we deem to
6.6 We will not include in your website any text, images
or other data that we feel to be immoral, offensive, obscene or
illegal. All advertising material must conform to standards laid
down by all relevant advertising standards authorities. We reserve
the right to refuse to include submitted material without giving
6.7.1 Upon request we can provide your web site with e-commerce
facilities by designing the catalogue, which is used as the operative
shopping cart within the shopping facility.
6.7.2 It is our obligation to provide within the shopping
service back up facility for the products and categories. FTP is
also provided to enable you to back up images and thumbnails used.
6.7.3 It is your responsibility to back up products and categories
as well as category descriptions within your web site shopping facility.
Category descriptions must be cut and pasted by hand from the site.
It is your responsibility to have back up of these images.
6.7.4 We accept no liability for loss of data, downtime or
loss of income resulting from deletion of products, categories or
failure of the system and you will indemnify us against such an
6.8 E-commerce facilities provided rely upon the third parties
for online transactions. We have no control over the operation of
these third parties whether it is in respect of their operating
procedure, terms and conditions or faults and failures or loss of
6.9 We will not be liable for any loss of orders/income or
perceived as a result of one of these third parties downtime, operating
procedure or ceasing to function.
6.10 If at any the third parties cease to operate these facilities,
which will cause problems in the use of our system. In such an event,
we will use our best endeavours to produce and/or offer an alternative.
7. Provision of web hosting facilities
7.1 You represent, undertake and warrant to us that you will
use the website allocated to you only for lawful purposes. You will
not upload, post, link to or transmit any material, which is unlawful,
threatening, abusive, malicious, defamatory, obscene, pornographic,
blasphemous, profane or otherwise objectionable in any way.
7.2 We reserve the right to remove any material which we
deem inappropriate from your website without notice to you.
7.3 In the event that you experience any difficulties collecting
e-mail, we will use our best endeavours to rectify and resolve the
7.4 We have no control over the operation of the third party.
We make no representation and give no warranty as to the accuracy
or quality of information received by any person via the server
and we shall have no liability for any loss or damage to any data
stored on the server.
7.5 If we find that the web hosting service has fallen below
our required standards we may take action to move your site or sites
to a new hosting facility. Any change of host will be carried out
with the minimum of disruption possible.
7.6 If we deem this to be necessary, we will inform you of
any alteration of charges, before taking action.
7.7 In the event that you do not accept such alteration of
charges, then you may move your site to a third party host of your
choice. In this event, we will make files available to you but will
not carry out the change unless contracted to do so (charges may
apply and this is at our discretion).
8. Registering Domain names
8.1 When we register a domain on your behalf, you will be
noted as the owner. Any such registration will be carried out upon
request by you and are within the terms as set out in these Terms
8.2 We will use our company as the contact for administration
of the domain name in the event that we take over the hosting and
registration or where you require us to register the domain name.
8.3 If we fail to register a domain name before another hosting
company group or individual we will not be liable for any costs
or charges in relation to purchase of this domain name from a third
8.4 Any quoted charges either written or verbal for the purchase
and renewal may change without notice if the registration or hosting
company change the charges.
8.5 We make every effort to renew domain names but should
a domain name not be renewed for any reason, we accept no liability
for any resulting loss.
9. Search Engine Optimisation Terms
9.1 We use our expertise and further advices to apply our
perception of best practice in order to raise the profile of your
site within the search engines.
9.2 By accepting the optimisation agreement you give us permission
to access your website and alter pages as necessary in order to
'optimise' the site for the purpose of the search engines.
9.3 If you or your in house web developers alter the site
in any way, you must notify us of this beforehand in writing, to
prevent the removal or alteration of optimisation that has been
carried out on the site or pages therein.
9.4 You shall indemnify us and keep us indemnified and hold
us harmless from and against any breach by you of these terms and
9.5 We cannot guarantee that your site will be indexed by
a particular search engine or directory. We do not guarantee that
your site will be ranked in the top ten sites.
9.6 We are unable to correlate the time between promotional
work and site visitors and make no guarantees in respect of the
same. We are unable to guarantee the number of visitors to any site
and make no guarantee in respect of the same.
9.7 We offer no guarantee as to the visitor response to the
site and any subsequent turn around into orders or other response.
It is your responsibilities to keep yourself informed and monitor
the number of visitors to your site and the quality of the visitors.
9.8 Under these terms and conditions time will not be the
essence of this contract and we accept no responsibility for time
9.9 If you promote the web site by using other parties or
web sites of the same design without our written authorisation,
not to be unreasonably withheld, it will constitute a breach of
9.10 Your failure to request written authorisation from us
to promote the website using other parties, such as third party
promotion company, individual or method will amount to a material
breach of the agreement.
9.11 Clause 9.9 includes registration of the site or duplicate
site with search engines, web directory or shopping sites, link
exchanges or other web site registration or optimisation or addition
of site pages for the purpose of site promotion, unless otherwise
agreed in writing.
9.12 Should we elect to terminate the contract, our initial
set up and any costs accrued will still be due.
9.13 Where any site is found to be a duplicate or similar,
through no fault of your own, it may be necessary to significantly
alter the content of the site in order to gain ranking and/ or avoid
being de-listed or blocked from any search engine. The costs of
such alteration will be met by you and you will aid us in provision
of other original material and text as appropriate.
9.14 We accept no liability for any consequence arising from
the blocking, de-listing or similar by any search engine or directory
due to duplication (or similar) of the site.
10. Telephone support
10.1 We offer free telephone technical support from one year
from the date of purchase via incoming calls on our standard landline
number 01279 755155 for installation, web site or site promotion
problems or questions.
10.2 This free support is limited to a maximum of 1 hour
per week, which expires if unused. It applies to problems and questions
relating to warranty matters only.
11.1 Charges for the services and goods to be provided are
as per the written quotation, which is part of this agreement.
11.2 If you wish to use an alternative ISP to the ISP configured
on your site, we will provide a quotation for any reconfiguration
11.3 All rights remain the property of Future Computer Services
Ltd until settlement of all outstanding invoices with regard to
the work. If invoices remain outstanding this will amount to a material
breach of the contract.
11.4 It is hereby agreed between the parties that where we
withdrawn our services pursuant to clause 11.3 hereof, we reserve
the right to remove pages that we have supplied from the site subject
to two weeks notice. We shall not be liable for any loss of profit
or income you may incur.
11.5 Payment will remain due regardless of whether pages
have been removed due to late payment.
11.6 You will not be entitled to reinstate any page removed
by us pursuant to clause 11.3, unless you pay the outstanding invoice
and pay installation charge of £75 + VAT, payable before reinstallation.
11.7 Our standard rate of charge for on site installation
is £100 plus VAT for the first hour and £55 plus VAT
thereafter with a maximum of £450 plus VAT for an 8 hour day.
Any work carried out beyond 8 hours will be charged at an hourly
rate of £45 plus VAT.
11.8 If an on site call out is required under the terms of
the warranty, we reserve the right to try to resolve the matter
by telephone conference in which we will offer assessment of the
cause and potential solution.
11.9 If you request on site call out under the terms of the
warranty and it is discovered to be a non-warranty issue, charges
will apply as set out in paragraph 11.7 of these Terms and Conditions
for the period of time in attendance.
11.10 Non warranty issues include but are not limited to
alteration of functionality by physical alteration of the equipment,
upgrades, installation of software not supplied at the time of configuration,
viruses, user error and user reconfiguration.
11.11 We will not accept responsibility for any third party
charges whatsoever in respect of reconfiguration. set up or alteration
of any equipment of any software, web site or service.
11.12 It is your responsibility to monitor and make payment
for telephone connection to the Internet for single user and the
networks connection to the ISP.
11.13 Where reconfiguration. of Network proxy software is
necessary, after the initial set up of individual stations or servers
and or Internet access devises, charges will apply as set out in
paragraph 11 of these Terms and Conditions.
12. Payment terms
12.1 Unless otherwise stated in the quotation, payment for
hardware is by cheque with the order or on delivery. For all other
items and services, payment is strictly due within fourteen days
of the date of the invoice.
12.2 Web site set up charges are payable in 3 instalments
unless otherwise stipulated in the quotation and in accordance with
the charge quoted. An agreed initial deposit will be paid before
the commencement of the work. The first payment is due on production
of the draft site. The balance is due within seven days upon completion
of the site. Completion includes all agreed alterations and corrections.
12.3 Final alterations to the draft web site must be notified
to us within 10 working days of production of the draft site in
order that completion of the site can take place. This will be within
ten working days of receipt of the notice. If no notice of alteration
is received the balance will become due in accordance with the invoice
for the balance. This will be strictly payable within 14 days as
set out in paragraph 12.2 whether any alterations are required or
12.4 Web site promotion set up charge in accordance with
the charge quoted is payable within 7 days of the date of the invoice.
An additional charge of 15 pence plus VAT per visitor is payable
on a monthly basis on account. Invoices will only be issued once
charges have reached a minimum sum of £10. Visitors numbers
are monitored using a third party counter. You will accept that
the visitor numbers provided by any such provider that we use give
an accurate reflection of the visitor numbers as shown on the meter.
12.5 If payment is not received in accordance with the terms
and conditions, we reserve the right to charge interest at the rate
of 8% (eight per cent) per month, compound.
12.6 If web site or promotion work has been carried out and
payment is overdue, we reserve the right to take any action necessary
to recover the sum due. This reserved right applies whether or not
the resource has been removed from public display.
13.1 We shall be entitled to suspend the Services and/or
terminate this agreement forthwith without notice to you if you
fail to pay any sums due to us as they fall due or you breach any
of these terms and conditions.
13.1.1 All charges accrued are payable until the end of the
13.2 Hosting facility and domain name
13.2.1 We can terminate the hosting facility contract by
giving you one-month notice before hosting is due for renewal.
13.2.2 You may terminate the hosting facility contract by
giving one month notice before hosting is due for renewal.
13.2.3 Only the person who is the authorised owner of the
domain name may cancel the renewal process or request transfer.
We require a minimum of 3 months notice before the renewal date
is due to expire.
13.3 Termination of the Promotion Contract
13.3.1 A promotion contract can be terminated by us by giving
one months notice in writing.
13.3.2 A promotion contract can be terminated by you by giving
one months notice in writing.
13.3.3 Where the contract is less than 6 months from the
date of commencement and we have decided to terminate the contract,
we will refund any set up charge in full.
13.3.4 On termination of the contract, we will remove all
alterations, extra pages and web addresses that we may have added
as part of the promotion. We will return your site to the same condition
that it was before the promotion was commenced.
13.3.5 On termination of the promotion contract we will have
irrevocable right to access any sites promoted in order to remove
13.3.6 After removal of optimisation you shall not implement
it back by using our methods, unless we agree in writing authorising
you to retain optimisation at a cost of £75 + VAT per optimised
page on your website.
14. Free Services within Web Sites Provided
14.1 We make use of several free services. Included in these
are web hit counters, search facilities and E-commerce secure servers.
If, at any stage, any of the free service providers used by us become
a 'pay for' service. You will be given written notice.
14.2 You will be required to confirm whether you wish to
be transferred to an alternative free service (subject to availability)
or to pay for the service in accordance with the terms of the service
14.3 In the alternative you can instruct us to have the service
removed from your website.
15. Entire Agreement
15.1 You acknowledge that you have been told that if there
is any pre-contractual statement(s), which you consider has have
induced you to enter into this agreement you are obliged to submit
particulars of them to us so that any misconceptions or misunderstanding
can be resolved. You having been given the opportunity to provide
us with particulars of such pre-contractual statements, which you
consider to have been made which so induced you to enter into this
agreement, shall be deemed not to have relied upon any pre-contractual
statements made or given or purportedly given to you.
15.2 This agreement therefore contains the entire agreement
between the parties and accordingly no pre-contractual statements
shall add to or vary this agreement or be of any force or effect
and unless such pre-contractual statement is either contained in
this agreement or annex to it, you waive any rights you may have
to sue for damages and/or rescind this agreement.
15.3 Nothing in this document shall be construed as creating
any agency, partnership or other form of joint venture between the
15.4 This Agreement supersedes all prior agreements, arrangements
and undertakings between the parties and constitute the entire agreement
between the parties relating to the subject matter of this agreement
and can only be modified or waived by a subsequent written agreement
signed by both parties. The parties confirm that they have not entered
into this agreement on the basis of any representation that is not
expressly incorporated into this agreement.
15.5 No addition to or variation of these Terms and Conditions
will bind the parties, unless it is specifically agreed in writing
and signed by a director of the Company.
15.6 Only the Director of the Company has the authority to
alter or vary these Terms and Conditions in any way.
15.7 The parties confirm their intent to not to confer any
rights on any third parties by virtue of this agreement and accordingly
the Contracts (Rights of Third Parties) Act 1999 shall not apply
to this agreement..
16.1.1 We have no control over the operation of the third
parties whether it is in respect of their operating procedures,
terms and conditions or faults failures or loss of systems. We therefore
accept no liability for any problems losses arising from any such
matters, whatever the cause.
16.2 Links and variations on key words used by visitors to
search engines are outside our control and we accept no responsibility
for their use and the effect of their use.
16.3 You will indemnify us against any loss or expenses sustained
by us by reason of breach of this contract and any actions, proceedings,
claims or demands in any way connected with contract brought on
or threatened against us by a third party, which are caused by or
arise from any action we carried out pursuant to your instructions.
16.4 All conditions, terms, representations and warranties
relating to the service supplied under this agreement, whether imposed
by statute or operation of law or otherwise, that are not expressly
stated in these terms and conditions including, without limitation,
the implied warranty of satisfactory quality and fitness for the
purpose are hereby excluded to the extent applicable under UK law.
16.5 Our entire liability to you in respect of any breach
of our contractual obligations, any breach of warranty, any representation,
statement or tortious act or omission including negligence arising
under or in connection with this agreement shall, except in respect
of personal injury, be limited to the charges paid by you in respect
of the Services which are the subject of any such claim.
17.1 All notice under this agreement shall be in writing.
17.2 Notices shall be deemed to have been duly given by either
party when sent to an e-mail address or fax number provided by the
parties for the purpose.
18.1 Failure by us to enforce a contractual provision to
which you are subject shall not affect our right to require such
performance at any subsequent time.
19. Force Majeure
19.1 We do not accept liability for any breach of this contract
if the breach was caused by an act of God, insurrection or civil
disorder, war or military operations, terrorism, national or local
emergency, acts of government, highway authority. Our compliance
with any statutory obligation, industrial disputes of any kind (whether
or not involving employees of Future Computer Services Ltd), flood.
Fire lighting, explosion, subsidence, weather of exceptional severity,
acts or omission of persons for whom Future Computer Services Ltd
is not responsible (including other telecommunication service providers),
or any other cause that is outside our control.
20.1 The applicable law of this agreement is English Law.
20.2 The parties submit to the exclusive jurisdiction of
the English Courts.
20.3 If any terms or any part of the Terms and Conditions
are found to be invalid under English Law than all other terms and
any part of the term that are not invalid shall remain in force.
21.1 If any term or provision or any part of this Agreement
shall be declared or become unenforceable invalid or illegal for
any reason whatsoever the other terms and provisions of this agreement
shall remain in full force and effect
Agreement of terms and conditions:
If you are about to order a product or services from us, please
confirm that you have read and agree to the terms and conditions:
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