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Domain Names

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Terms & Conditions

Definitions
In these terms and Conditions, unless the context otherwise requires, the following terms shall have the following meaning: 'Dynamic Web Sites ' means Dynamic Web Sites, of 22 Mill Lane, Gosberton, Spalding, Lincns. PE11 4NN 'Specification'; means the detailed description of the work to be carried out by Dynamic Web Sites on behalf of the Client. 'Client'; means the person, firm or company instructing Dynamic Web Sites. 'Domain name'; means the domain name requested by the Client or any alternative domain name offered by Dynamic Web Sites . 'Existing Domain Name' means a domain name registered by any party other than Dynamic Web Sites. 'Services'; means the services to be provided by Dynamic Web Sites . 'Terms and Conditions' means these terms and conditions including invoices, specifications or quotes hereto. Any agreement between Dynamic Web Sites and the Client for the provision of Services (a 'Client Agreement';) shall be entered into on the basis of these Terms and Conditions and any special instructions on invoices, specifications or quotes.

Terms
Agreement shall commence on the date of a signed 'Dynamic Web Sites Agreement’ or 'Email Acceptance' of a specification or quotation and shall be paid in accordance with the 'Client Agreement' or Invoice, or Specification or Quote and shall be governed by the Laws of England.

Services
Dynamic Web Sites shall provide the Services using all reasonable care and skill subject to payment by the client of all amounts payable hereunder on the dates specified on the quotation. The client shall do all things and provide all such information as is reasonably required by Dynamic Web Sites to provide the Services in accordance with these Terms and Conditions.

When Dynamic Web Sites has design and produced a web site or software of any description, Dynamic Web Sites reserves the right to include the words 'Powered and Designed by Dynamic Web Sites' or 'Designed by Dynamic Web Sites' or 'Powered by Dynamic Web Sites' where appropriate at the foot of each web page.

Registration of domain name
In consideration of payment by the Client the appropriate fee specified in the Dynamic Web Sites quotation, Dynamic Web Sites shall apply for registration of any Domain names only when requested by the Client. The Client agrees and acknowledges that Dynamic Web Sites shall not be liable in any way for any acts, omissions, or errors of the naming authority or registering agent in relation to the registration (or non-registration, as the case may be) of the Domain name. Whilst Dynamic Web Sites will use all reasonable endeavours to obtain the Domain Name for the Client, the Client, acknowledges that Dynamic Web Sites shall not be liable for such registration where the Domain name is or becomes unavailable for any reason whatsoever. Dynamic Web Sites shall not be liable for any delay in activating the Domain Name nor for any cost incurred by the Client as a result of such a delay and the Client's obligation to pay the fees set out in the Dynamic Web Sites quotation shall not be affected by any such delay. The Client warrants that the Domain Name does not infringe on any intellectual property rights of any third party, including but not limited to trade marks registered or otherwise used by any third party and the Client shall indemnify and keep Dynamic Web Sites indemnified in respect of any loss, damages, costs, or other expenses arising out of or in connection with any breach by the client of this Clause.

Renewal of a domain name
If Dynamic Web Sites initially registers a domain name, Dynamic Web Sites shall not be responsible for further registration unless directed by the client to re-register. Any lapse in domain name re-registration or loss of domain name through failure to re-register when the registration term has expired is the responsibility of the registrant. The Client is responsible for informing Dynamic Web Sites of all billing contact detail changes. In consideration for renewal of the Domain Name or the Existing Domain Name by Dynamic Web Sites and prior to the renewal date, the Client shall pay to Dynamic Web Sites the renewal fee set out in the price schedule. Whilst Dynamic Web Sites will use all reasonable endeavours to ensure that the Domain Name or the Existing Domain Name is renewed at the relevant renewal date, the Client acknowledges that is not always possible for Dynamic Web Sites to guarantee such renewal and that Dynamic Web Sites shall not be liable for any failure to renew the Domain Name or the Existing Domain Name.

Hosting
Whereby hosting is required a separate contract is provided and will be billed separately at a rate of £85a. This includes 2 GB of data transfer (bandwidth) per month; extra data transfer will be charged at £2.50 per GB per month. Whilst Dynamic Web Sites shall use all reasonable endeavours to ensure that the Web site can be accessed by users of the Internet at all times, the Client acknowledges that it is technically impossible to provide such access free of fault at all times and Dynamic Web Sites does not undertake to do so. Dynamic Web Sites reserves the right to suspend availability of the web site for the purpose of necessary or scheduled maintenance or non-payment of hosting fees or web development. Access to the Web site may also be adversely affected by conditions and performances outside Dynamic Web Site's control, including without limitation, the breakdown of transmission and telecommunications links. Dynamic Web Sites shall not be liable for any delay in uploading the web site on to the Server nor for any cost incurred by the Client as a result of such a delay and the Client's obligation to pay the fees set out in Dynamic Web Sites price schedule shall not be affected by any such delay.

Search engine ranking
Dynamic Web Sites cannot guarantee any ranking or result when using the Dynamic Web Sites Search Engine Optimisation service.

Data Backup
Dynamic Web Sites shall use its reasonable endeavours to ensure that backup copies of the web site and all client data contained on the web site are made at reasonable intervals. Dynamic Web Sites reserves the right to charge for more frequent back-up when the client requests it. On completion of the web site and the final payment made to, copyright of the web site and a backup of all files that make up the web site and source files used to create the web site shall be vested with the Client, and the Client shall be solely responsible thereafter for the backup of such data and Dynamic Web Sites shall not be liable for any damages, loss or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client to back up such data.

Charges
The fees payable to Dynamic Web Sites in respect of the Services are specified in Dynamic Web Sites pricing schedule. All charges are exclusive of VAT and any other applicable purchase tax, import and all other duties. Any failure by the Client to pay any fees due under the Terms and Conditions on the date specified shall be deemed to be a 'material breech'; of the Terms and Conditions. We, Dynamic Web Sites, will exercise our statutory rights to claim interest and compensation for debt recovery, costs, under the late payment legislation if the client does not pay in accordance to the agreed terms and conditions.

If the Client is overdue with any payments hereunder, then without prejudice to Dynamic Web Sites other rights and remedies the Client shall be liable to pay to Dynamic Web Sites a flat fee of £15 for each correspondence as well as interest on the amount payable at an annual rate of 8% (according to the Late Payment of Commercial Debts Regulations 2002) above the prevailing base rate of NatWest Bank Plc, which interest shall accrue on a daily basis from the date payment becomes overdue until Dynamic Web Sites has received payment of the overdue amount together with interest.

Data Protection Act
Each party shall for the duration of any agreement governed by these Terms and conditions comply with the provisions of the Data Protection Act 1998, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements of codes of practice governing the use storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same. Dynamic Web Sites may from time to time send you information relating to the services of other companies that we feel may be of interest to you. If you do not want to receive such information please inform us in writing.

Cancellation
Cancellation of a project at the request of the Client must be made by certified letter. In the event that work is postponed or cancelled at the request of the Client by registered letter, Dynamic Web Sites shall have the right to retain the original deposit. In the event of this amount not being sufficient to cover the development time (as per the pricing schedule) and expense already invested in the project additional payment will be due. If additional payment is due, this will be billed to the Client within 10 days of notification of the registered letter to stop work.

CD Burning
Dynamic Web Sites will burn one copy of the Client's Web site to CD ROM at the Client's request upon completion of the site. Additional copies will be charged.

Third party or client page modification
If a client or an agent of the client other than a Dynamic Web Sites developer attempts to independently edit or update any web pages after completion of the web site and damages the design or impairs the ability of the web pages to display or function properly then the time to repair the web pages will be assessed and charged.

Ownership of web pages and graphics
Copyright of the finished assembled work of web pages produced by Dynamic Web Sites and graphics shall be vested with the Client upon final payment. This is to include, design, photos graphics, source code, text, and any program(s) specifically designed or purchased on behalf of the client for completion of the web site. Dynamic Web Sites (DWS) reserves the right to display any site built in the name of Dynamic Web Sites on DWS portfolio page. The Client shall be solely responsible thereafter for the backup of such data and Dynamic Web Sites shall not be liable for any damages, loss or other expenses arising out of or in connection with any loss of data by the client which is due to the failure of the client to back up such data. Dynamic Web Sites reserves the right to charge a reasonable fee for further copies of data and/or the web site files.

Page modification
Dynamic Web Sites will accommodate reasonable changes to page design that has already been built to the Client's specification. This does not mean 'significant page modification' or creation of additional pages and Dynamic Web Sites reserves the right to charge for additional design work.