Terms of Business
- Web Pro IT Web Design & Development, IT services and software development services are owned and operated by ANTiT Website Design & Development Limited t/a Web Pro IT.
- By making payment for any products or services on this site, you are agreeing to accept the following terms and conditions.
- We reserve the right to add, delete or change some or all of the products and services offered by Web Pro IT including all or any aspects of this site at any time without prior notice.
- On order we will prepare for your firm, Web, IT, Software development, ancilliary products & services as required and as described in each section of our website.
2. Acceptance of Order
By placing an order for products or services you confirm your acceptance of these terms and conditions and agree to be bound by them. No binding Contract shall be created by the acceptance on your part of a quotation or offer made by Web Pro IT until we have provided notice of the acceptance of the order in writing. We reserve the right to accept or reject any order placed for our products and services.
These terms and conditions may be updated without prior notice and shall always prevail in the event of conflicts between the Contract and any other document.
Prices for all standard products and services are clearly indicated on the relevant page of our website. Prices for bespoke projects and other services including software development will be quoted based on specification agreed, content, functionality, and development time, and confirmed in writing. After receipt of your order, we reserve the right to revise the original quotation if you request alterations to content or specifications you originally requested and which are not covered in the original order
All prices quoted are exclusive of VAT at current rate.
3.1 Charges for additional work
When specific requests are made for design changes, site recolouring, modifications or further customisation to websites, software or other products and services, we will provide you with a quotation in advance. Upon acceptance of quotation an invoice will be raised which is payable prior to commencement of work.
a. We will make or add, at no charge:
- changes to contact details
- essential & compliance updates
- general textual modifications to clients’ own pages
- articles or information provided by you for inclusion , provided these are supplied to us complete and in electronic format
b. Other additions or customisation will be charged for on a time basis, but we will agree costs and payment terms with you before carrying out the work. Upgrades may include:
- Additional pages
- Additional forms
- New images and graphics
- Creation of image links to other sites
- New bespoke design
There is a set fee for certain enhancements:
|SITE RE-COLOUR - includes 2 revisions||175.00|
|Carousel 6 images excludes cost of images||275.00|
(thereafter at hourly rate 85.00)
|Slideshow includes 4 slides plus straplines. Additional slides at 85.00||275.00|
|NEW FORMS: - Quotation will be provided on request||From||175.00|
All cost subject to vat at current rate
Quotations will be provided for all additional work requested
3.2 Internet Browsers
All templated websites are developed to work with the current version of Internet Explorer and Firefox only. Should you wish to have your website modified for other browsers, or any legacy version of any browser, there will be a charge of £382.50 + VAT per browser build.
Due to technology advancements, not all templates will work with legancy browsers. Please check prior to order should you be concerned about any techologies being used with our templates and there compatiblity with the browsers which you feel are important to you and your business.
Software manufacturers release newer versions of their browsers from time to time and Web Pro IT has a policy of design renewal using latest technologies available to take advantage of these advancements. Web Pro IT's clients will be advised of changes to our products as and when they become available, and will be given the opportunity to upgrade at a preferential rate of £295 + VAT.
Whilst websites built for older browsers should be upwardly compatible, Web Pro IT has no control of the manufacturers' decisions, and therefore Web Pro IT will always recommend that clients upgrade to a newer site style. Web Pro IT reserves the right to apply a nominal charge to make an older site compatible should this be required of £382.50 + VAT
3.3 Optional upgrades
Optional website feature upgrades will be offered to you from time to time, some of which may be available at a supplementary charge. Details of costs will be provided when we inform you of the upgrades. For licensed templates we offer a free site style change after 36 months.
Initial payment with order comprises where applicable the set up fee together with the first month’s fee to cover the license, web hosting, site administration, technical support, general & compliance updates.
Bespoke websites, back-end administration systems and bespoke software:
Usually 50% of agreed project costing on order and 50% balance on delivery. This may vary by agreement and subject to the scale and timing of the project. Final payment is required in full on delivery of all orders. Title to all products and services remains with Web Pro IT until final payment has been received.
4.1. Payment Methods
All charges for services ordered online are payable in advance by credit or debit card. Costs for all our products and services are clearly indicated.
If credit/debit card is not available for your initial payment we will require payment by either Cheque or BACS transfer. Construction of a new site or access to any software product will only be made available once the initial payment has been received.
We will require a completed standing order for repetitive license fee payments to be collected monthly. If a standing order in not in place this will delay your "go live" date and therefore to avoid any delay, fees will be collected via credit / debit card which will incur a £35 administration fee. If a credit / debit card payment is not available, fees will need to be brought up to date by a cleared cheque or BACS transfer, prior to your website going live.
Payment for bespoke/custom projects may also be made by cheque or BACS transfer on signed order. Cleared funds will be required before the commencement of any works.
4.2 License fees, hosting /IT support fees - commencement of repetitive billing
First collection will be on the 1st or the 15th of the month following initial delivery of your draft site or installation of your software. For licensed sites our charges commence once you can see your draft site, not upon its ultimate finalisation and upload to your domain, as we have no control over the speed with which you review and sign off your site. However, we aim to make any required changes or where applicable, modifications for compliance purposes to the draft site within 7 days of receipt of such requirements from you. You should also note that repetitive billing will commence even if plug-ins or additional online services requested are not active (in whole or in part), as some of the providers we integrate into your site may require you to register with them, whereupon they will provide you with links to forward to us.
For accounting purposes, tax invoices for your fees will be issued on request.
Orders for licensed template sites include 12 POP3 e-mail addresses. Our support team will assist you to configure your e-mail software. Please consult with your in-house IT department or local computer engineer if further assistance is required to configure your email. Additional email addresses are available for a total of £99.00 + vat per year, payable in advance, per additional set of 20.
a. Orders for licensed template sites include free of charge the following domain registrations:
New .CO.UK domain registration for the first two years
New .COM/.NET/.ORG/.BIZ for one year
Important Note on Domain Renewal:
Your domain must be renewed at the end of its registration period. We will do this automatically for you and invoice you for the cost of the renewal. This is an essential process, as without a valid domain your website will not be visible.
We register domains in your own name and you will be the legal owner of the chosen domain.
If you register a domain with us, please be aware that you are also entering into a contract with Nominet. The terms of this contract can be found at www.nominet.org.uk/go/terms.
b. Upon placing an order with us for a licensed template site we will register at no cost to you, your chosen domain name for the period described above. You will be the owner.
c. You will be responsible for payment of all subsequent renewal fees.
Please note: There is no reduction in the monthly license and administration fee if you already have your own domain name.
6.1 Domain transfers
a. If you decide to transfer your domain to another service provider, a transfer fee of £35.00 + vat is payable.
b. If you already have a domain name you wish to use, we will assist in its transfer to our server as necessary. We will make no extra charge, but sometimes the registrar with which you have registered your domain may require a transfer fee, which you must pay directly to them.
c. We reserve the right to refuse to transfer domain names if any invoice or license fee remains outstanding.
7. Web Hosting
Due to the high level of technology utilised in our database driven sites we will arrange for your website to be hosted on our commercial servers, and the cost of this service is covered in your monthly fee.
A stand-alone, annual web hosting and email service is available, separate from the licensed template sites. This service includes 12 POP3 e-mail addresses and is charged at £99 + vat per year, payable in advance.
8. Search Engines
a. All relevant site pages include "meta tags" to assist with search engine indexing, and these will be tailored by us to reflect the name, location and key features of your business.
b. Once completed, your site will initially be submitted to the major search engines/directories which provide free listings.
8.1 Website Optimisation
In order to gain high rankings on Google and other main search engines we offer a Search Engine Optimisation service. We offer three levels of service and a pro-rated refund guarantee if we do not meet our agreed service levels in terms of exposure for your website.
In the unlikely event that the agreed search terms do not appear on the front page of the UK searches of www.google.co.uk, www.yahoo.co.uk or www.msn.co.uk, within the guaranteed period, we will either continue to tweak the pages on your behalf at no further cost, or refund 5% of the total contract value, for each keyword/keyphrase agreed, to a maximum of 10 keywords/phrases, that don't reach the targeted ranking within the agreed timeframe.
For example, if the contract value was £1495.00 + vat and three agreed keywords/phrases failed to reach the first page of the UK searches of either www.google.co.uk, www.yahoo.co.uk or www.msn.co.uk, within six months (given that 12-24 weeks had been the quote on this occasion), we would refund £ 224.25. (5% for each keyword / phrase not showing). In optimising a website for agreed keywords/phrases, many other phrases are seamlessly optimised, and many other search engines will feature your site, but for the purposes of judging the success of the guarantee, we use the top three UK search engines, as listed above.
WebPro IT makes every effort to update as and when necessary, those areas of licensed websites which require modification and changes for compliance purposes. Such changes will usually be required as a result of new legislation, FCA rule changes, and the effects of the annual government budget.
Where your business requires that your site must be compliance approved, it will not be made accessible to the public until you or your compliance department have approved it and you have instructed us to make it "live". Amendments required for compliance purposes will be made at no additional cost to you.
Please note that Web Pro IT is not authorised to confirm compliance of website content and this responsibility must always lie with the site licensee. Your firm is responsible at all times for ensuring that the site, and any changes to it are compliant. Your firm is responsible for keeping a copy of your site, and details of all changes to it, for compliance purposes. We will normally retain only a copy of the most current version of your site.
10. Company's Liability
In no circumstances whatsoever will Web Pro IT (“the Company”) be liable for economic, indirect or consequential loss arising from delays or service interruptions.
The Company will not be responsible for loss occasioned by computer viruses, whether introduced by the Company's software or otherwise, or unforeseen hardware problems which could affect continuity of service.
We The Company shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of services.
Exclusions and Limitations of Liability
1. We use all reasonable skill and care in operating the Web Pro IT Website and in providing Services presented therein. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Site or the Services.
The Site is provided on an "as is" and "as available" basis and we do not warrant that you or any users will be able to access the Site at all times or that it will be absolutely secure, uninterrupted or free from infection and viruses. We will not be responsible for your failure to provide services as a result of your inclusion on the Site, for errors that relate to the provision of your services, or for technical problems that may hinder the efficacy of the Site.
2. Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this contract or operation of, or your use of the Site and/or the Services. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties. You should not take any step or act based on your ownership of the domain name until you have received legal confirmation from the relevant registry body that you are the registered owner of that domain name.
3. Web Pro IT provides no assurances as to the online ranking, positioning and prominence of websites within an individual Search Engine or directory or any such third party sites, save when Website Optimisation services have been commissioned whereupon such services are offered under appropriate terms and guarantees and pro-rata refunds.
4. Web Pro IT does not guarantee that it will be able to secure IP addresses, IP ranges or domain names on your behalf and acceptance by Web Pro IT of your order form shall not give rise to any such warranty in respect of the details appearing on the order form. Web Pro IT is not notified as to whether or not attempts to secure addresses, ranges or domain names have been successful and it is your responsibility to establish whether or not they have been so secured. No warranty is given that once secured you will be permitted to retain such addresses, ranges or domain names.
5. If Web Pro IT is unable to register the domain name you require, Web Pro IT will seek to secure an alternative name of your choosing.
You hereby agree to indemnify, defend and hold us harmless for all liability, claims, damages and costs, including reasonable legal fees, arising out of or in connection with a breach of your obligations, representations and warranties in respect of information provided by you in connection with the Services as provided in this Agreement.
It is your responsibility to be familiar with the relevant data protection and privacy laws and recognise that we have no control or influence over e-mail content processed by Internet Service Providers. You shall hold Web Pro IT harmless from and indemnify us against any claims by any party relating thereto.
11. Your Privacy
To protect your privacy we conform with the requirements of the Data Protection Act, 1998, we will not distribute your name or e-mail address to any third party. We do send marketing support and important informational emails to our clients' email addresses as part of our service however you may unsubscribe from this service at any time.
The designs of websites and content including all text, phrases, sentences, paragraphs, chapters and images, unless provided by you or a third party, and the design and development of bespoke software is the property of, and copyright to ANTiT Website Design & Development Limited t/a Web Pro IT.
If you cease to use our services you may not use any part of the website (except that provided by you or a third party) on any other website. The content and functionality of each of the templated websites featured herein, is developed and distributed via license by our company, It is illegal for anyone to reproduce or use any of our material and functionality, in part or in whole, for their own use without our permission. If you cease to use our service you may not use any part of the site (except that provided by you or a third party) on any other website.
Should any part of our copyright templates be copied for personal or business use in part or in whole, we reserve the right to demand removal of the offending material, and to apply by way of invoice, our minimum standard monthly license fees for a period of 12 months, or, monthly fees from the first identifiable date of our material existing on the web without permission or license, up to the end of the month in which the infringement is discovered, whichever is the greater. If necessary a copyright infringement suit will be issued.
Any website modifications, textual or graphics, will be arranged on request, and in some circumstances may be chargeable. We do not allow access to our sites to external parties. Any work you commission for your site by external suppliers must be submitted to us for approval and submission to your compliance department prior to uploading to the web.
If you supply Web Pro IT with text, photography, artwork, files, leaflets, brochures, information or material of any kind, we will not at any time be responsible whatsoever in regard to copyright, errors or omission's faults or subsequent damages. This also includes that supplied by software, discs or electronic transfers you may supply for web publishing.
You must indemnify Web Pro IT against third parties suffering subsequent faults and damages caused to hardware, software programs, or such damages as loss of production and earnings, due to materials supplied by you for use by Web Pro IT.
Software copyright, Intellectual Property and client versions of software are covered in our individually prepared Software Development Contract
13. Content provided by third parties
Where you have provided content, additional information, links to external services provided by third parties, we will accept no liability for any losses or damages incurred by you or your clients from the use or non-availability of such content.
14. Term and Termination
Licensed Websites and Support Contracts
Orders are placed on the understanding that you have read and agreed to our terms of business.
Licensed Websites and Support Contracts are provided on an initial 12-month contract from the date of order or start of the contract (“Initial Term”) at which point the Licensed Websites or Support Contracts will be renewed automatically for successive periods of 12 months (each 12 month period being a “Renewal Period”).
Cancellation of your standing order to us for any reason other than termination of contract with Web Pro IT will incur a penalty equivalent to £50.00 reinstatement fee and 4% above base rate per week on outstanding balances.
We reserve the right to cease or suspend all services or remove your web site from the web or stop support under the support contract, if at such time there is a dispute or delay over an agreed payment or receipt of completed standing order, with no prior notice.
YOUR RIGHT TO CANCEL
Either party may terminate the Contract by giving the other party not less than 1 months’ written notice to expire at the end of the Initial Period or the end of any Renewal Period.
You may terminate the Contract prior to the expiry of the Initial Period or any Renewal Period by giving us not less than 1 months’ notice provided you pay to us all the fees we would have earned and we would have become entitled to if the Contract had not been terminated prior to end of the Initial Period and/or Renewal Period.
Bespoke development of websites, back-end administration systems and bespoke software:
On receipt of your signed purchase order/software development contract and minimum 50% deposit, the project is deemed to commence. After this point, cancellation by you would result in the min. 50% deposit becoming non-refundable and title to the product/ service retained by Web Pro IT. On receipt of cancellation, if it is deemed by Web Pro IT that more then 50% of the project has been completed, you agree to pay Web Pro IT the cost difference between the deposit and the completed work.
15. Governing Law and Jurisdiction
- These terms shall be governed by and interpreted in accordance with English law.
- The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these terms and conditions.
- We shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.
Changes to fees
We reserve the right to increase our license fees upon giving you a minimum of 60 days' notice in writing. However no increase will be sought within 12 months from the date of your order.
Title to products and services
Whilst products and services are in development we agree to make available at all times all work in progress. You agree to use this facility for review purposes only. All services, development, design and material, graphic or otherwise, supplied or generated by Web Pro IT remains copyright. For bespoke websites and software development your website's/version of the software’s title and ownership will transfer to you upon payment in full of our final invoices.
Notice is required in writing for cancellation of goods and services . Failure or delay by Web Pro IT in enforcing any term of the Contract shall not be construed as a waiver of any of its rights under it.
The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
You will allow us to submit a small and discreet advertisement of our services at the bottom of all web site pages.
This Contract shall be construed in all aspects as an English contract and in conformity with the English Law.