Terms and Conditions of Business

Definitions of our terminology as used within these terms and conditions:

• The ‘Client’ is the company, organisation, individual or individuals requesting the services of Netus Organicus LLP.
• ‘Netus Organicus LLP’ is the company, partners and their employees.
• A ‘Project’ is any work undertaken or service provided by Netus Organicus LLP for the Client on their request and as described in our Quotation to the Client.
• ‘Domain’ is the website address (domain name) as specified by the Client.
• ‘Hosting’ is a yearly cost to keep a Clients website online.
• ‘Content’ is text, images and scripts that the Client requires on the website.
• ‘Maintenance’ is a separate contract covering the ongoing editing, updating and maintenance of a website.

Terms and Conditions:

The contract between Netus Organicus LLP and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing. By engaging Netus Organicus LLP on your Project, you confirm that you are in agreement with and bound by the following terms and conditions of business.

1. Authorisation

The Client is engaging Netus Organicus LLP, as an independent contractor for the specific Project of developing and/or improving a website to be installed on the Client’s web space located on an ISP’s computer or space located on Netus Organicus LLP’s server. The Client hereby authorizes Netus Organicus LLP to access this ISP account, and authorizes the ISP to provide Netus Organicus LLP with any necessary "write permission" for the Client’s website directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The Client also authorizes Netus Organicus LLP to publicise their completed website to Web search engines, as well as other Web directories and indexes.

2. Client Responsibilities

The Client shall carry out sufficient research before proceeding with a website. This will include checking that the website, idea or business will operate legally and the Client has complied with relevant legislation.

3. Fees, Costs and Payment of Accounts

• Netus Organicus LLP will commence work on the Client’s project once a quotation has been accepted by the Client. Unless specified otherwise in the quotation, the project will include only products and services as indicated in the Packages as stated on the Company website. If the client requires additional web pages, features, products or services beyond that stated in the Package or Quotation, the Client agrees to pay Netus Organicus LLP an additional fee for each additional web page, feature, product or service. Graphics or photos beyond the stated number in the relevant package will be billed as an additional expense. Where custom graphic work (beyond the scope of the Package) is requested, it will be billed at the hourly rate of £35.00.
• A 50% deposit is required from a Client before any work is commenced. All deposits are non-refundable. In all cases, website hosting fees and any costs incurred by Netus Organicus LLP on behalf of the Client are payable in advance and are non-refundable.
• The final 50% payment is due and payable on completion of the website but before the website is released live on the web. The website will be switched to live mode once the Clients remaining balance is paid in full.
• The Client agrees to reimburse Netus Organicus LLP for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, extra stock photography, scripts, etc.
• Any revisions, additions or redesign the Client wishes Netus Organicus LLP to perform not specified in this document shall be considered "additional" and will require a separate Contract and payment.
• All services agreed to in this Contract, shall be sold for the price specified in the Quotation. Payment shall be by cash, cheque, money order in Pounds Sterling, and made payable to “Netus Organicus LLP”. Payment may also be made via credit or debit card through PayPal.

4. Maintenance

Website Packages do not include our Maintenance contract. Website Maintenance will be the responsibility of the Client. If a maintenance service agreement is entered into between Netus Organicus LLP and the Client, it will be contained within its own document and not connected to this Contract. However, this Contract does include minor modifications and corrections requested within a two-week period from completion, up to an average of one hour per page, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the Client or an agent other than Netus Organicus LLP attempts to update the Client’s pages during this time, work undertaken to repair the web pages will be assessed at the hourly rate of £35.00, and is not included as part of the modification time.

5. Domain Names

• Domain names will be registered by Netus Organicus LLP on behalf of the Client. Although domain names are registered to Netus Organicus LLP, the Client is the legal owner of the domain and it is the Clients responsibility to renew their domain names when due. If a domain name expires, Netus Organicus LLP cannot be held liable for any losses that arise from the expiration. However, Netus Organicus will make every reasonable effort to contact the client regarding the domain name renewal.
• All costs incurred in transferring or changing the registered details of domain names will be met by the Client.
• If a Domain name is purchased by the Client through a company other than Netus Organicus LLP, the Client has full responsibility for ensuring the domain name is renewed when due. Netus Organicus LLP will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Netus Organicus LLP.

6. Hosting

• Renewal of hosting is due on a yearly basis. The date of renewal will be annually from the date the website is completed. The hosting will not be renewed if we cannot contact the Client or the Client requests us to not host their website.
• The hosting renewal fee must be received prior to the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal fee. There will be an administration fee of £50 for reactivating the website or hosting.
• If the Client does not use Netus Organicus LLP Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
• All Hosting offered by Netus Organicus LLP is limited to the specified Packages and as stated in our Quotation or as stated on our Company website. If the Clients website requires more space or features than stated, a Package upgrade will be required and an increase in the yearly Hosting fee will apply.

7. Search Engine Optimisation

Where Netus Organicus LLP is asked to provide search engine optimisation for the Client, Netus Organicus LLP do not guarantee any specific placement or high ranking in search engines, directories or other web based listings.

8. Copyrights and Trademarks

• The web server, website, graphics and any programming code remain the property of Netus Organicus LLP until all outstanding accounts are paid in full. Netus Organicus LLP cannot take responsibility for any copyright infringements caused by materials submitted by the Client. The Client represents to Netus Organicus LLP and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Netus Organicus LLP for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Netus Organicus LLP and its subcontractors from any claim, suit, litigation or legal proceedings arising from the use of such elements furnished by the Client. Netus Organicus LLP reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
• Copyright of the finished assembled work of Web pages produced by Netus Organicus LLP is owned by Netus Organicus LLP. Upon final payment of this Contract, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Netus Organicus LLP and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

9. Limited Liability

• The Client hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
• The Client hereby agrees to indemnify and hold harmless Netus Organicus LLP from any claim, suit, litigation or legal proceedings resulting from Client’s publication of material or use of those materials. The Client hereby agrees to indemnify and hold harmless Netus Organicus LLP in any claim resulting from the submission of illegal materials.
• If Netus Organicus LLP shall acquire an Internet Domain Name on behalf of the Client, then in such case the Client hereby waives any and all claims which it may have against Netus Organicus LLP, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Netus Organicus LLP for any reason.
• Under no circumstances, including negligence, shall Netus Organicus LLP, its offices, agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Netus Organicus LLP’s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Netus Organicus’ records, programs or services. The Client maintains sole responsibility for data backups and restoration. The Client hereby acknowledges that this paragraph shall apply to all content on Netus Organicus LLP’s services.
• Notwithstanding the above, the Client’s exclusive remedies for all damages, losses and causes of actions whether in Contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Contract and any reasonable solicitor’s fee and court costs.

10. Indemnification

The Client agrees that it shall defend, indemnify, save and hold Netus Organicus LLP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitor’s fees, ("Liabilities") asserted against Netus Organicus LLP, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. The Client agrees to defend, indemnify and hold harmless Netus Organicus against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with Netus Organicus LLP’s service, any material supplied by the Client infringing on the proprietary rights of a third party, copyright infringement, and any defective product which the Client has sold in the web design.

11. Laws Affecting Electronic Commerce

The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Netus Organicus LLP and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s use of Internet electronic commerce.

12. Authorship Credit

The Client may select that Netus Organicus LLP includes a byline and link on the bottom of their web pages establishing authorship credit. This byline is upon agreement by both the Client and Netus Organicus LLP and must be removed at any time upon written request by Netus Organicus LLP.

13. Non-Disclosure

Netus Organicus LLP, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Contract disclose any confidential information to any person whatsoever.

14. Cancellation

In the event that work is postponed or cancelled at the written request of the Client, Netus Organicus LLP shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Contract. If additional payment is due, this shall be payable within thirty days of the Client’s notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by Netus Organicus LLP and Netus Organicus LLP shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

15. Refund Policy

The Client may apply in writing for a refund within 14 days of signing this Contract. Any work already completed shall be billed at the hourly rate of £35.00 and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, the Client shall be liable to pay for all work completed at the hourly rate of £35.00.

16. Right to Amend Terms & Conditions

Netus Organicus LLP reserve the right to amend these terms and conditions at any time, with 7 days written notice to the Client. Any objections to these amendments should be submitted in writing to Netus Organicus LLP.

If you require further information, please contact us on 01631 730469 or email us at info@netusorganicus.co.uk

3 steps to a seriously successful website:

Beautiful design that catches the eye and functionality that makes it an 'enjoyable' experience.

Effective internet marketing that actually works and brings the results you long to see!

Simple social networking that fits your brand and is a doddle to use.

Call us on 01631 730 469 or email info@netusorganicus.co.uk to discuss what YOU want for your business.