Cuffe.net
Terms and Conditions of Service
Please read our terms and conditions before entering a contract or ordering any service from Cuffe.net You will be required to confirm that you have read and understand these terms prior to placing an order with us. Please contact us if you require any further clarification of our terms.
1. Terms used on this website
Cuffe.net
Michael Cuffe County Road PE15 8NB Independent and freelance web developer.
Client
Any person, individual, group, company or organisation that requests any service or enters a contract with Cuffe.net
Domain Name
The unique worldwide address of a website and used to form an email address.
Host / Hosting
A company that provides server space to provide storage, service and infrastructure required by a website and make it accessible via the internet
Downtime
A period when the website is not available to view or access.
SEO / Search Engine
Websites that collect information about websites. Information is stored in a database and presented when a search matches relevant stored information.
Material
Refers to any content supplied by cuffe.net to the client or supplied by the client to Cuffe.net. e.g., Narrative, images, video, layout, hyperlinks.
Scope
Our ability to fulfil or provide a requested service from a client.
Project
The forming and bringing together of all the elements, skills, software, and third-party providers required to form or create and publish a website.
Website
A collection of code, images, software, and narrative to form pages accessible worldwide via a web browser.
2. Pre contract enquiry
2:1 We will discuss your requirements at length and completely free of charge at the initial contact stage via email or phone. There is no time limit to pre contract discussions, however you will be required to declare your requirements at the initial stages of enquiries to allow us to form a plan for your website and further discussion.
2:2 Complex or company websites requiring extended planning will be charged at our standard support costs.
2:3 We reserve the right to cancel all communication to free advice or consultation if we suspect any abuse of our free services.
3. Contract
Contracts are normally only required for the construction of a website. Other services such as support, management, hosting & SEO will not require a contract but remain subject to our terms and conditions.
Following pre contract discussions Cuffe.net will provide the client with a cost to complete the work or service planned, detailed & agreed at the pre contract stage.
Upon signing the contract (electronically or otherwise) the client will be required to pay 30% of the total cost in the form of a non-refundable deposit. The remaining 70% will be payable on completion of work to the client's satisfaction and subject to our Delivery terms. 4 & 4.1 - 4.6
4. Delivery
Upon receipt of a signed contract and deposit, Cuffe.net will start work on the construction of the website. The website construction will be completed within the agreed contract period and subject to pre contract discussions, specifications, and agreements.
4.1The client will be required to arrange or provide suitable hosting at the outset of contract work. Hosting arranged by Cuffe.net is for a minimum of one year and subject to terms - 9.3
4.2 The client will be required to provide a domain name before completion of contract and within the period set at the pre contract stage.
4.3 Timeframes will vary and will be advised at pre contract and contract stage. The maximum period is set at 60 days under normal circumstances but can be extended for technical or commercial sites. Costs will be agreed at the pre contract stage and may require stage payments.
4.4 The client will be expected to provide materials in the form of images and text /narrative / logos etc. to be included on their website. All such materials must be provided within agreed timeframes and a maximum of 7 days of request and are subject to the Copyright terms 8.1 & 8.2
4.5 The client will be offered an online review of their website for approval on completion. Amendments or modifications must be requested within fourteen days and are subject to the terms
Client approval of work 7.1 & 7.2
4.6 On completion of work and amendments to the client's satisfaction the client will be required to pay the balance of 70% to unlock the site and make available to view to the public and is subject to the terms 5.3-1, 5.3-2, 5.3-3, 6.1-1, 6.1-2 & 7.2
5. Payment of services provided under contract.
5.1 On entering a contract with Cuffe.net you agree to pay us in full on submission of the balance invoice or upon reaching the maximum period agreed and advised.
5.2 Contracts are based, and cost agreed on the information and requirements provided by the client at the pre contract stage.
5.3 Client requests or changes that significantly alter the project from that agreed at the pre contract stage are subject to terms 5.3-1 & 5.3-2
5.3-1 Cuffe.net will inform the client of any extra costs as deemed necessary to complete the project. If additional costs cannot be agreed and the project becomes abandoned the client will lose their deposit and remain liable to pay costs in full for the original contract.
5.3-2. Cuffe.net will inform the client if requests to significantly change the project from that agreed within the contract places the project beyond our scope. We will try to offer a solution that will incur extra costs and/or involve a third party to fulfil the changes required. If additional costs cannot be agreed the client will lose their deposit and remain liable to pay costs in full for the original contract.
5.3-3
If the client places the project, service or contract provided into the terms covered by 6.1.2 at any stage of development the contract will be terminated by Cuffe.net
The client will lose their deposit and remain liable to pay costs in full for the original contract.
5.3-4
Any hosting or server space provided by cuffe.net is provided on an annual basis at the cost displayed on our hosting page. We do not offer any refunds to purchased hosting and is subject to terms 9.3. Hosting renewals must be paid by the expiry date. We will advise you of the expiry date 30 days before renewal. Failure to renew hosting will result in the account being suspended at midnight on the expiry date. Renewing your hosting plan following expiry may involve additional costs and services will be renewed from the expiry date and not the renewal date. Failure to renew hosting after 30 days will result in all files being deleted from the server.
6. Our rights and responsibilities
6.1-1 Cuffe.net will not enter a contract or offer a service if it believes that it cannot provide the services required by the client or is beyond our scope or the scope of the client to provide materials, narrative, or any other content necessary for the project to proceed and agreed at the pre contract or contract stage.
6.1-2 Cuffe.net will not enter a contract, offer a service, or be a party to any website development, project, or service if it believes that the services provided by us are, or become at any stage of development illegal or immoral. Nor will we be part of any client request that promotes any form of hate, deception or distress to any individual, group, or company.
7. Client approval of work
7.1 Errors and corrections. The client will have a period of 14 days to examine the completed website provided for errors. Any errors or corrections to content (Narrative, Hyperlinks, Incorrect code, and images) provided by Cuffe.net will be corrected free of charge at any time following completion of the website.
Correction of content provided by the client (Narrative, Images, Hyperlinks & any other content) may be subject to a charge at our standard rates for corrections following the 14-day approval period.
7.2 Rejection of work
If the Client rejects the project within the 14-day review period, the client will be asked to provide reasons in writing for the rejection. Cuffe.net will make every effort to correct or remedy rejected work within the agreed pre contract specification and any subsequent contract/s formed and to the client's satisfaction.
7.3 If Cuffe.net deems that repeated client rejection or failure to approve subsequent remedial work unreasonable we will consider the contract to have expired. Expiry will be set on the project completion date entered in the pre contract and contract agreement. On expiry of contract Cuffe.net will seek to recover all contract costs for work delivered and all reasonable expenses incurred in recovering payment.
8. Copyright
8.1 The client guarantees that all material supplied to Cuffe.net for inclusion on the website is free of copyright or that the client owns the copyright for material supplied. The client gives Cuffe.net the exclusive rights to store, edit, crop, modify and adapt all materials as deemed necessary for inclusion on the website.
8.2 Cuffe.net gives the client an exclusive lifetime licence to use all images, logos, graphics, narrative, layout, and design for the single website that they were intended for.
The client may backup and store all content, take a single screenshot of any page for email advertising up to ten copies. The use of graphics, Logos & page layouts produced by Cuffe.net must not be used for advertising or branding outside of the website produced of more than ten copies.
9. Third party software, services, technology, and hosting.
9.1 If required in website construction, Cuffe.net reserves the right to use whoever it chooses at the time of website construction to fulfil any requirements of the project that may arise. Any third-party software, services and technology provided at the time of website construction will work indefinitely and as is at the time of completion of the project.
The client will be advised accordingly if any software or third-party service used in website construction will require updates at a cost for ongoing security or functionality. If the client wishes to take advantage of future changes, enhancements, updates or technology improvements additional costs or annual renewal costs will apply, either from the software developer or at a discount via Cuffe.net if available under an unlimited domain licence.
9.2 Hosting services provided by the client.
Cuffe.net will make a single upload to the clients hosting provider. It is the client's responsibility to ensure that the hosting service provided will run the uploaded website without issue. Any issues encountered will need to be resolved by the client. Any issues that must be resolved by Cuffe.net will be charged at our standard support rate.
9.3 Hosting Recommended and / or managed by Cuffe.net
Hosting from Cuffe.net is provided by a third party under a reseller plan and managed by Cuffe.net. We will ensure that your website and any third-party software will run correctly on the hosting server. Security and version updates to the core CMS provider will be provided automatically. Full access to the hosting server dashboard and settings will be provided to the client as required.
All hosting purchased, arranged, or managed through Cuffe.net will be subject to the terms and conditions of use provided by the hosting provider. Cuffe.net accepts no liability or claims arising from downtime or any other failure on the hosting providers servers.
Cuffe.net provides hosting purely as a service to our clients who have a website built or maintained by us. Please Note, we do not provide hosting packages as a standalone service.
9.4 Domain names
All domain names obtained or provided with or without the help of Cuffe.net will belong to the Client. It is the client's responsibility to ensure that the domain name used by Cuffe.net to provide access to the client's website does not contravene any intellectual property rights of a third party, is not a trademark of a third party or is in any way used to deceive the public by impersonation of a third-party name. The client indemnifies Cuffe.net against any claims or costs that a Domain Name applied for or obtained violates the intellectual property rights of a third party.
10. Site Maintenance, support, and updates
10.1 It is the responsibility of the client to maintain and update the website as required once the site is handed over to the client.
Cuffe.net provides various support plans to maintain and update websites if required by the client.
Plans and costs can be found on the Cuffe.net support and service pages.
10.2 Any third-party software provided with the website at construction stage and completion will function indefinitely as is at the time of supply and website completion.
10.3 Some software, service or technology supplied may require updates to keep up with ever moving technology. The client will be advised by Cuffe.net in such cases. The client is free to purchase any software used or update keys or licences as required directly from the provider, or at a discount from Cuffe.net If available.
10.4 Cuffe.net provides two service plans to update software if required by the client. The 12+ and the 12++ and can be found on the support and service pages.
Clients are free to deal directly with any software provider to obtain a licence key for updates or can be purchased from cuffe.net at a discount where available.
10.5 Cuffe.net provides various support plans as detailed on our service and support pages. Clients that do not take out a discounted support package will be charged at our standard rate as displayed on our support pages and subject to change without notice. Support plans are valid for 24 months and are unaffected by any midterm price increase.
10.6 Clients that use Cuffe.net as the administrator for their website and do not have a support plan in place will be invoiced for support work at our standard rates. Invoices must be settled immediately upon receipt. Failure to make payment within seven days will result in the website being taken offline until payment is made. The client will remain responsible to make payment for services provided and any reasonable costs incurred by us to secure payment if the website is abandoned by the client following the website being taken offline.
10.7 Clients that have fully adopted their website and removed us from the administrator area will be required to purchase a support plan or receive a quotation to complete works and may be required to make payment in advance of work carried out.
Disclaimers
Cuffe.net will not be responsible for any delay to project completion or failure to provide any service due to reasons beyond our control such as illness, fire, flood, power failure or natural catastrophe.
All third-party services and technology provided by cuffe.net including hosting services are provided in good faith at the time of supply. Clients accepting any third-party services provided by cuffe.net accepts that cuffe.net has no control over any such services or future performance by the third party, technology, or hosting provider.
Cuffe.net will not be held responsible for any failure or collapse at the time of supply or in the future of any third-party technology, service or hosting provided or included by us.
Cuffe.net will construct all websites in a way that meets the criteria set out by the major search providers. We will provide a single submission and sitemap to search engines for listing as required.
Listing by search engines is beyond our control and at the discretion of search providers. Cuffe.net cannot make any guarantee that search providers will list your site.
These terms are subject to change without notice to visitors. Clients of cuffe.net will be notified in writing of any changes but will remain bound to the version in place at the time of contract or service provided.