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1 : General Terms and Conditions relating to all services
1.1 : Services are provided by Applied Consultancy Solutions Limited, whose main offices are at PO Box 384, High Wycombe, Bucks, HP13 7GS, and whose registered address is Crown House, London Road, Loudwater, High Wycombe, Bucks, HP10 9TJ. Registered number : 3298690.
1.2 : Unless otherwise stated, prices exclude VAT. VAT number 669 1843 92.
1.3 : In order to continually improve the services it provides, Applied Consultancy Solutions Limited reserves the right to alter these terms and conditions at any time. The placing of an order with Applied Consultancy Solutions Limited by a customer signifies that the customer accepts that changes to the company's standard conditions may occur and any amended terms and conditions represent a change to the contractual terms of the product or service provision. Updated terms and conditions will be posted on the company's main website, www.appliedconsultancy.com.
1.4 : Full payment must be made at the time of order unless agreement has been given for payment by invoice instead. All such payments are due strictly within 14 days of invoice. Failure to pay within this timeframe will lead to the service being withdrawn until payment is made in full. Applied Consultancy Solutions Limited reserves the right to charge interest on all payments at a rate 5% above the standard Natwest Bank rate.
1.5 : Payment can be made by cheque, made payable to Applied Consultancy Solutions Limited, or by BACS to our account (sort code 60-11-01, account number 83436200), or, where previously agreed, via credit card.
1.6 : Applied Consultancy Solutions Limited may, in it’s absolute discretion, choose to terminate any service by giving 30 days notice in writing. In the unlikely event of this occurring, Applied Consultancy Solutions Limited will reimburse the customer on a pro-rata basis, but will not accept any other charges or claims for damages from the customer.
1.7 : Terms and conditions in this document are legally severable. All jurisdiction will be under English Law.
2 : Web Site Design Services
Specific Terms and Conditions
2.1 : In order to keep prices low and to project manage our implementations in a quality way, Applied Consultancy Solutions Limited, follows a strict methodology defined by initial draft and final draft stages. Where a customer wishes to have the opportunity to review their website more than the allowed two times prior to launch, this service can be added at an additional price.
2.2 : Where a website draft is issued to a customer, the customer should provide feedback within 14 days. Where no feedback has been received within 14 days, it will be assumed that the customer is happy with the proposed draft and work will continue. Any subsequent additional change requested by the customer will be chargeable.
2.3 : Where acceptance of a final draft has not been received with 14 days of notification of the completion of the draft to the customer, it will be assumed that the customer is happy with the final draft and the site will be fully launched “as is” with payment being due within 14 days. Where this occurs, the customer may then request minor changes at zero cost within 30 days of the site launch.
2.4 : Applied Consultancy Solutions Limited cannot accept responsibility for any legal action, including copyright infringement, arising from the use of material provided by the customer. Where compelled to attend court for legal reasons to testify, provide legal advice, information, or for any other purpose, Applied Consultancy Solutions Limited will charge their customer for their attendance at the company’s standard consultancy rates. Customers ordering web design services from Applied Consultancy Solutions Limited accept these terms and agree to pay for such court attendance, or any other time consuming legal activity, as a condition of the acceptance of their order.
2.5 : All websites created by Applied Consultancy Solutions Limited carry a small ACS credit/link to the company’s website. Where a customer specifically requests that such a credit should not be included on the site, an additional fee will be payable.
2.6 : Applied Consultancy Solutions Limited has no control over Search Engines and, as such, cannot guarantee Search Engine listings or positions. Although every effort is made to achieve as good a Search Engine listing as possible (including the use of keywords and advertising of the site to the Internet’s search engines), the customer must recognise and accept that achieving a good listing is taking much longer and is becoming more difficult to achieve without separate payment being made directly to the Search Engines, than previously. In ordering web site design services from Applied Consultancy Solutions Limited, the customer accept this, and agrees not to hold the company responsible in any way for failure to achieve Search Engine listings.
2.7 : Some web site design packages provided by Applied Consultancy Solutions Limited specify a maximum number of pages, graphics or shopping trolley items. Where additional items are requested by the customer, these will be added only on payment of an additional fee.
2.8 : Where a customer has already registered a domain name elsewhere, it must be accepted by the customer that the responsibility for asking the existing registrar to transfer the domain name to NamesAndSpace (Applied Consultancy Solutions Limited’s own hosting platform) lies with the customer and is out of the control of Applied Consultancy Solutions Limited. Where such a transfer is not carried-out in good time, this will not prevent the site being launched (possibly to temporary web space) within the usual timescales and invoices being raised (and payable within 14 days).
2.9 : Where a customer elects to have their website hosted by an alternative hosting company, Applied Consultancy Solutions Limited cannot accept responsibility for any loss of functionality or non-availability caused by a change of technology or processes implemented by the hosting company after the launch of the website. Where Applied Consultancy Solutions Limited is asked to investigate such problems by a customer, this work will be chargeable at Applied Consultancy Solutions Limited’s standard consultancy rates.
2.10 : Where a customer has elected to purchase one of Applied Consultancy Solutions Limited’s web site change packages, reasonable textual and graphical changes will be made to the website within the current topology at no further charge within the duration of the change package contract. Where topology changes are required (additional pages or sections, or a complete re-design, for example), these will be quoted for separately. Where a customer does not request changes within a change package contract, no refund will be given for non-use.
2.11 : Where a customer has not purchased a web site change package, Applied Consultancy Solutions Limited will quote for any necessary changes and a signed order must be received prior to work being started.
2.12 : Where a customer does not make payment within 14 days of invoice, Applied Consultancy Solutions Limited reserves the right to suspend e-mail and web site services, replacing the website with a holding page reminding that payment is overdue.
3 : Web Site Hosting Services
Specific Terms and Conditions
3.1 : Customers will be contacted by Applied Consultancy Solutions limited at least 14 days prior to the expiry of their web site hosting contract. Renewal invoices must be paid in full prior to the expiry date of the previous contract for un-interrupted service.
3.2 : Applied Consultancy Solutions Limited’s web servers are housed in a secure, environmentally-controlled data warehouse with multiple power supplies, multiple connections to the Internet and on-site maintenance staff. Despite these measures, all PCs (servers included) do experience some downtime, either due to reboots, preventative maintenance or upgrades. In addition, Applied Consultancy Solutions Limited are reliant on the services of a number of other external parties in order to provide an end-to-end (i.e. browser to website) service, and so no guarantees on service availability are given. Where a customer feels that their service has been affected more than on comparative ISPs, this should be reported via the Applied Consultancy Solutions Limited support website, www.acssupport.co.uk , and will be investigated. Applied Consultancy Solutions Limited do not offer service rebates under any circumstances and the ordering of a service from Applied Consultancy Solutions Limited indicates that the customer accepts this.
3.3 : Applied Consultancy Solutions Limited accepts no responsibility for the content posted on it’s servers. If, however, a complaint is made by a third party regarding the content of a customer site, Applied Consultancy Solutions Limited will act to prevent the site from being viewed on the Internet as soon as possible until the two parties have resolved their differences. Under no circumstances will Applied Consultancy Solutions Limited enter into any legal process regarding any web hosting services whatsoever. Where compelled to attend court for legal reasons to testify, provide legal advice, information, or for any other purpose, Applied Consultancy Solutions Limited will charge their customer for their attendance at the company’s standard consultancy rates. Customers ordering web hosting services from Applied Consultancy Solutions Limited accept these terms and agree to pay for such court attendance, or any other time consuming legal activity, as a condition of the acceptance of their order.
3.4 : Although Applied Consultancy Solutions Limited make irregular back-ups of some of the contents of their servers for preventative maintenance purposes, no guarantee is made that an up-to-date back-up of any website will be available in the event of a server hardware, or other, problem. Customers are strongly advised to maintain adequate back-ups of the information they post onto any web server and accept that Applied Consultancy Solutions Limited is not liable for the loss of any data from servers for any reason, as a condition of order acceptance.
3.5 : Any service problems should be reported via the Applied Consultancy Solutions Limited support website, www.acssupport.co.uk , and will be investigated in strict rotation. Service problems reported via other means will not be acted upon. Applied Consultancy Solutions Limited do not offer service rebates under any circumstances.
3.6 : Where a customer wishes to transfer a domain name to or from one of Applied Consultancy Solutions Limited’s web servers, the process detailed on the www.namesandspace.net website must be followed. Customers wishing to transfer a domain name away from Applied Consultancy Solutions Limited servers are reminded that they are responsible for finding the transfer details (name servers, IP addresses and, in the case of .co.uk names, Nominet TAG) from their new ISP. Without these details, the transfer cannot take place. Transfer requests will not be progressed should there be any outstanding amounts on the customer account. Where a domain name is transferred away from our servers before the end of a rental period, no refund will be given for any unused period of hosting. Where a request to transfer a domain away from our servers is received after the end of a hosting period, a full renewal period’s hosting fee must be received before the transfer request is processed.
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