Website Development, Web Hosting and Other Services Terms and Conditions
These terms and conditions are applicable to all Web Development projects that are undertaken by Remote IT Assistant. If the project is to be hosted by Remote IT Assistant, you can view those terms and conditions on this page.
A copy of these terms and conditions is submitted along with project quotations and must be agreed prior to work commencing. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions. These terms and conditions are always available on our website for review.
Charges for services to be provided by Remote IT Assistant are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days unless alternate timescales have been agreed beforehand with the Client. Remote IT Assistant reserves the right to alter or decline to provide a quotation after expiry of the valid timescale.
3. Client Review.
Remote IT Assistant will provide the Client with an opportunity to review the appearance and content of the Web site during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Remote IT Assistant otherwise within ten (10) days of the date the materials are made available to the Client.
4. Project Schedule and Content Control.
In the majority of projects, Remote IT Assistant will install and publicly post or supply the Client’s Web site by the date specified in the project proposal. If no such date is specified, the timescale shall be within four weeks of the date initial payment is received from the Client, unless a delay is specifically requested by the Client and agreed by Remote IT Assistant. An alternate timescale can be agreed during the initial project discussion.
In return, the Client agrees to delegate a single individual as ‘first-point-of-call’ to aid Remote IT Assistant with completing the project in a satisfactory and expedient manner.
During the project, Remote IT Assistant will require the Client to provide copy and images. If content is not provided within four (4) weeks of an official request by email then Remote IT Assistant reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight (8) weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. Remote IT Assistant will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.
Invoices will be provided by Remote IT Assistant upon completion of the work for Web Development , Design. web hosting and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices. Invoices are due within thirty (30) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after sixty (60) days then Remote IT Assistant will consider the account to be in default.
If the Client in default has any information or files on Remote IT Assistant’ Web space, Remote IT Assistant can, at its discretion, remove all such material from its web space. Remote IT Assistant is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
Termination of the Web Development project by the Client must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
8. Legal Restrictions.
Terms and Conditions relating to hosting account content and usage may be found below.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Remote IT Assistant the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Remote IT Assistant permission and rights for use of the same and agrees to indemnify and hold harmless Remote IT Assistant from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Client to Remote IT Assistant that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Images of people or places displayed on this Site are either the property of, or used with permission by, Remote IT Assistant. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on this Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
10. Media Delivery Requirements.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, CD-Rom, DVD, or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. The specific requirements will be discussed and agreed with the Client prior to commencement of the project. Although every reasonable attempt shall be made by Remote IT Assistant to return to the Client any images or printed material provided for use in creation of the Client’s Web site, such return cannot be guaranteed.
11. Access Requirements.
If the Client’s Web site is to be installed on a third-party server, Remote IT Assistant must be granted temporary read/write access to the Client’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
12. Post Project Alterations.
Remote IT Assistant cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. Remote IT Assistant may require a one-off Web Development charge before resolving any issues that may arise.
13. Third Party Services.
Remote IT Assistant may require the usage of third party services – for example, credit card processing – to complete the Client’s project requirements and will ensure these services are integrated into the project and working correctly upon completion. Remote IT Assistant cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client’s website and may require a one-off Web Development charge before resolving any problems that may arise.
14. Domain Names.
Remote IT Assistant may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by Remote IT Assistant. For .com, .org and .net domains, reminder emails will be sent out to the client before the domain expires at ninety (90), sixty (60), thirty (30) and five (5) days before expiration with a final email sent ten (10) days after the expiration date. Domains ending in .co.uk are automatically renewed ten (10) days before expiration. In this case, the Client must notify Remote IT Assistant that they do not wish to keep the domain thirty (30) days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Remote IT Assistant. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
16. Governing Law.
This Agreement shall be governed by English Law.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Europe and USA. You and Remote IT Assistant submit to the non-exclusive jurisdiction of the courts in and of Europe and USA in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
E-commerce – You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Remote IT Assistant and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
- Remote IT Assistant reserves the right to suspend or cancel a customer’s access to any or all services provided by Remote IT Assistant , where Remote IT Assistant decides that the account has been inappropriately used. Remote IT Assistant reserves the right to refuse service and/or access to its servers to anyone.
- Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed.
- Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server.
- You are responsible for all scripts, including 3rd party or open source software, that are installed on your webspace. In the event of a script that you install causing damage or loss of data to your site or any server resources, we reserve the right to charge you our off site technical support hourly rate for the time taken to restore the services to the previously working state.
- Remote IT Assistant will disable any domain that fails to adhere to the following criteria as soon as we are made aware, in line with current working practices:
- The primary purpose of any site must be to provide web-based content to viewers. Files on the site must be linked to the web site.
- The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed. All outgoing mail is monitored and filtered and must be sent to or from a Remote IT Assistant -hosted domain.
- Sites must not contain Warez, copyright or other illegal material. The onus is on you the customer to prove that you own the rights to publish material, not for Remote IT Assistant to prove that you do not.
- Sites must not contain pornographic or other lewd material. Adult Material includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Remote IT Assistant.
- Sites must not use excessive amounts of server resources. These include bandwidth, processor utilization and / or disk space.
- Remote IT Assistant has a Police Liaison function and we are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.
- Remote IT Assistant will suspend access to an account which:
Contains invalid or fraudulent details.
Initiates a payment card chargeback.
- If Remote IT Assistant disables a site or server, we will:
Send an email to the account administrator, informing them of the suspension – please ensure you use an email address that will be unaffected by any suspensions, to ensure that you are immediately made aware of any changes in your account status.
If deemed applicable, provide follow up correspondence detailing the reasons for the suspension and what actions, if any, the administrator should take to rectify the situation.
Not re-enable any domain or server that has a history of similar misuse.
Pass the account to the appropriate department to resolve any outstanding issues such as account balance or closure.
- For less serious cases, such as email problems, the support department will contact you during office hours and inform you of any changes made to your account and the reasons for those changes.
- If an action is taken against a site or server, you should communicate directly with the Customer Support Department within office hours.
- Restoration of any and all services suspended during an investigation will be considered on a case-by-case basis.
- You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.