Please take the time to read our terms and conditions.
Push My Profile
We will always try to fulfil your needs and meet your goals, but sometimes it's best to have a few things written down so that we both know what's what, who should do what and what happens in certain situations.
In these T&C's you won't find complicated legal terms or long passages of unreadable text. We have no desire to trick you into agreeing to something that you might later regret. We do want what's best for the safety of both parties, now and in the future.
By placing an order with Push My Profile, or receiving a design concept, you confirm that you are in agreement with and bound by the terms and conditions outlined below.
In short You are enlisting the services of Push My Profile Ltd to provide a services for the price as outlined in our previous correspondence.
You understand that any pay monthly website we provide, is done so under a pay- as-you-go rental model, and as such Push My Profile retains ownership and copyright of the design, underlying code and any bespoke assets created for your project at all times. From time to time we will carry out custom projects, in these cases retention of title is retained by Push My Profile until full payment has been made. When the agreed payment has been made in full and there are not disputes, title passes to the client unless otherwise agreed in writing.
You agree to provide us with everything that we'll need to complete the project including text, images and other information, as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too.
Deadlines work two ways and you'll also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of these terms.
Along the way we will endeavour to meet all the deadlines set but we can't be responsible for a missed launch date or a deadline if you have been late in supplying materials, or have not approved or signed off on our work. On top of this we'll also maintain the confidentiality of any information that you give us.
We'll create designs for the look-and-feel, layout and functionality of your web site. We will usually send designs to you as a flat image for your review.
You understand that Push My Profile owns these designs, and that you may not use them for any other purpose other than to review and provide feedback on our work.
For example, taking a design supplied by Push My Profile and using it to create a website independently of us, would be a breach of the copyright we hold on all our works.
In the case of a template design, you understand that our templates are not custom designs created specifically for you, and as such may be used on any number of websites at one time. XHTML, HTML5 and CSS layout templates
We develop websites using (at our discretion) various combinations of XHTML or HTML5 for content/structure and CSS2.1 and CSS3 for styling.
The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our code and CSS in current versions of major desktop browsers.
We will also test that these templates perform well on Apple's iPad, however we make no such previsions for any other mobile device.
Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software.
We will not test old or abandoned browsers, for example Microsoft Internet Explorer 6, 5 or 5.5 for Windows or Mac, previous versions of Apple's Safari, Mozilla Firefox or Opera.
You are responsible for all text and content creation, including making sure that you have the rights to use anything you haven't created yourself.
You will supply photographs and imagery in digital formats. If you choose to buy stock photographs we can suggest vendors of stock photography. If you would like us to source imagery for you, any time we spend searching for appropriate photographs will be charged outside of your monthly package at a price agreed on an individual basis.
All Pay Monthly Packages include ongoing management of the site unless otherwise agreed. Each package has a different limit to the amount of hours of management included per calendar. Simple Package includes up to 1 (One) hour of development per calendar month. Standard Package includes up to 2 (Two) hours of development per calendar month. Enterprise Package includes up to 5 (Five) hours of development per calendar month. e-Commerce Package includes up to 5 (Five) hours of development per calendar month. Once these limits are reached we will agree an hourly rate with you or a price to carry out any piece of work in advance.
We offer a free domain name of your choice (dependant upon availability) with each of our pay monthly packages. This is optional and the price of your monthly package is unaffected by your election to use, or not use, this service.
We reserve the right to charge a release fee for domain names in some cases. This usually occurs when a customer misuses our service, work or good intention. For example, if we provide any combination of design, development, hosting or email services for a customer but do not receive payment - we may attribute a release fee for a domain name with a value to match the services for which we have not been paid.
Your website package includes web hosting. We set the amount of bandwidth available on a package-by-package basis up to a maximum of 5GB. If your site routinely exceeds this limit you won't incur any additional charges, instead we will look to tailor a package with increased bandwidth to meet your needs, at a cost to reflect this.
For the security of all our clients, we do not allow access to servers (via ftp or other means) that hold customer sites, and you understand that any changes made to your website must be made via Push My Profile staff, the 'self edit' package we provide, or another option specifically approved by us.
If you provide your own web hosting, you agree to give us access to the server whenever required, in order to upload, amend, maintain or remove your website. You also understand that we can in no way be responsible for the performance of that web server or any other features relating to it.
If you do choose to use your own web hosting or server, we will ask you to agree on a contract period for our service. At the end of that contract period you will have the option to renew or cancel your package with us. You understand that we offer websites on a rental model - and as such the website will be removed from your servers in the event of a cancellation, and you agree that server access must be granted to Push My Profile to this end.
Sometimes bad things happen. Computers crash, hard drives burn out and Internet connections go down. With that in mind we don't make any guarantees regarding server uptime or the availability of your website to visitors at any one time.
Our website runs on the same servers and technologies as yours; if your website is down, so is ours. So we won't make bold claims about keeping your website online 100% of the time. Instead, on those rare occasions when things do go wrong, we always work our hardest (and quickest) to get things up and running again.
You understand that we can't guarantee that the functions contained in any web page templates or in a completed web site will always be error-free, or that your website will be available to visitors 100% of the time, and so we can't be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
This applies to any feature or service we provide be it 1st or 3rd party, including, but not limited to, web design, development, Search Engine Optimisation, web server & web hosting (speed, reliability and availability).
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that you have permission to use them. We assume no responsibility for checking up on our customers to make sure all the content provided is done so according to appropriate copyrights and other legalities. On a similar note, we reserve the right to refuse inclusion of content that we deem to be inappropriate, unlawful, or otherwise, completely at our discretion.
Copyright is automatically assigned as follows:
You own text content, photographs and other data you provided, unless someone else owns them.
We own the markup, CSS and other code as well as the website design and any bespoke assets we design or create for you, and we license it to you for use while you're on one of our pay monthly plans.
We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
We are sure you understand how important it is for a small business like ours to be paid promptly.
For that reason we only accept payment for our monthly packages on a recurring basis through pay pal subscriptions or standing order.
Due to the nature of month-on-month payments we don't offer any refunds. All our packages carry a minimum 12 month contract. If you wish to cancel your package you must do so in writing at least 30 days before the12 month anniversary of purchasing the package. All packages automatically renew for a further 12 months unless we receive your cancellation request at least 30 days before the 12 month anniversary. Any packages that have renewed carry a further 12 month minimum contractual period and must be cancelled in writing at least 30 days before the next renewal.
In the event of a missed payment, we reserve the right to suspend your website until all payments are made.
You can pay annually for your website, and in doing so receive a 10% discount. For annual payments, we accept cheque, bank transfer and digital payments (e.g. PayPal).
We are not able to issue partial refunds for annually paid packages.
If for some reason one part of these terms becomes invalid or unenforceable, the remaining parts of it remain in place.
We reserve the right to refuse service at our discretion.
Although the language is simple, the intentions are serious and these Terms & Conditions are a legal document under exclusive jurisdiction of English courts.
We reserve the right to modify these terms and conditions at any time without notification.
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