T&C - Thewitchez Web Design - Graphic Design - CMS - Kingston | Thewitchez Web Design - Graphic Design - CMS

GENERAL TERMS & CONDITIONS

DEFINITIONS
We are " thewitchez.com" and "the Client" is any individual, business, partnership, company or charity obtaining or proposing to obtain goods or services from THEWITCHEZ WEB & GRAPHIC DESIGN.

ORIGINALS
"Originals " are the photographs, digital images, the artwork and such like sent to "thewitchez.com" for reproduction on canvas, paper or website. The "Goods" are finished reproductions on paper or canvas or a website supplied to the Customer.

CUSTOMER ORDERS
When the Customer places an order with "thewitchez.com", the Customer accepts these terms & conditions without variation. Any variations shall be mutually agreed in writing. "Thewitchez.com" require sufficient information to cary out the work ordered before on order can be processed.
If all relevant information has not been provided, standard prices or the quotation may be invalid and the Customer's order may be delayed or additional charges involved.
"Thewitchez.com" will not accept any order to reproduce any images that in our opinion are illegal, immoral or libelious and the Customer shall idemnify "thewitchez.com" in respectof cost arising from any illegal action for libel or infingement of trademarks, etc.
Where digital files are supplied to "thewitchez.com" as originals, images are assumed to be "print-ready", except for minor work such as size increase, cropping and straightening,etc. Any other colour changes, professional image editing, etc, are not included unless specially provided for by "thewitchez.com".
Where additional work is required that is not included in our standard prices , then we will apply an additional charge at the rate of £10 per 15 minutes of work.
We will advise you of any additional charges before we incure these.
All print and trim sizes are nominal and we accept no responsibility for small variations in size. All work will cary "thewitchez.com" logo and addres details on the reverse side.

QUALITY
We always use colour management but some colour variance may occur.
Where technicall possible, we will try to meet the Customers request for colour specific matching requirements.
Unless the Customer has provided us with the specific colour samples, we can only do our best to mach the colours the Customer require.
"Thewitchez.com" decisions shall be final in matters of interpretation of colours.

ORIGINALS
We will take care of your Originals and treat them very carefully. If loss or damage to an Original occurs whilst under under our care, our liability for loss will be limited to our standard price for the order placed to our quotation value where we have supplied a quotation.
Customers' Originals, for example photographs, artworks. CDs, digital media storage, etc will be returned to the Customer with the completed work.

PRICES
Standard prices are shown on our web site and on printed literature.
"Thewitchez.com" reserve the right to alter prices without notice.

PAYMENT
"Thewitchez.com" expects payment by cheque, cash, bank transfer with Customer's order prior to any artwork being undertaken.
For any design made by "thewitchez.com" the deposiit of 50% of design price is made by Customer.
Account facilities are available for Customers providing regular on-going business.
Where payment is made on our account approved by "thewitchez.com", payment shall be made within 14 days of the invoice date.
"Thewitchez.com" reserve the right to charge interest on unpaid invoices and the interest shall accure and shall be calculated in accordance with the Late Payment of Commercial Debts Act 1998 and all subsequent amendments;the interest will be charged on overdue invoices in line with the Act.

The statutory penalties?

A fixed charge of £40, £70 or £100 depending on the size of the debt (under £1,000, under £10,000, and higher).
Interest at 8% over base rate (a level set each 6 months for simplicity).

Any payment returned by the bank or credit card company will incur £25 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the Customer.

OWNERSHIP OF THE GOODS
For Goods that have been paid for in advance, ownership of the Goods (title) shall change form "thewitchez.com" to that that of the Customer on delivery. For Goods paid for on an account, ovnership of Goods sall change from "thewitchez.com" to the Customer on payment of the account.

CANCELATION
Any order cancelled will occur a charge of 50%. If printing has commenced, on either paper or canvas, then full payment shall be made.

DEILERY
We really try to maintain delivery dates but we accept no responsibility for any costs or losses incurres by any Customer due to dalays in deliveryby "thewitchez.com" for whatever reason. We cannot quarantee carriage times beyond our control.

CARRIAGE
"Thewitchez.com" will deliver by the most cost-effective available usualy courier or mail.

COPYRIGHT
The Customer warrant he/she/they own the copyright or warrants that they have obtained all necessary copyright permissions to reproduce the Original and the Customer indemnifies "thewitchez.com" from any cost arising from any legal actions involving copyright infingement.
The Customer also warrants the Originals are free from any third party claims for breach of copyright or licence.

STORAGE OF IMAGES
Digital images made by "thewitchez.com" from the Customers' Originals shall remain the exclussive property of "thewitchez.com"
"Thewitchez.com" shall store digital images for 28 days after completion of work, after which time all digital images shall be removed from our sysyems. Images are available on a CD at additional cost but will be no longer available after 28 days following completion of work.

WEB DESIGN
For website terms and conditions, please check our WEBSITE DESIGN TERMS AND CONDITIONS.

WEBSITE DESIGN TERMS & CONDITIONS

The following terms and conditions apply to all web site design services offered by "thewitchez.com". By ordering services from"thewitchez.com" you are agreeing to the following terms and conditions.
1. We reserve the right to refuse to construct a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.

2. The acceptance of a commission shall be deemed as a contractual agreement between the client and "thewitchez.com" .

3. "thewitchez.com" cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.

4. All materials, both text and images, supplied by the client and used in the construction of the client's web site, will remain the client's property. All such materials will be assumed to be the property of the client and free to use without fear of breach of copyright laws.

4a. Stock Library Images and Photo Selection
Where stock library image’s are purchased on behalf of the client by “Thewitchez.com”, the cost of these images plus an administration charge will be passed on to the client. Each stock library image will be subject to additional terms and conditions. Some stock library images will be licensed only for the original use, and would require additional licensing in order to be used for other projects.
Depending on the individual images license it may be possible for “Thewitchez.com” to supply the client with the image for other uses, however this may not always be the case.
Some stock library images carry additional licensing requirements, such as the requirement to display a credit alongside the image. When “Thewitchez.com” sources an image we will advise where this is the case.

4b. Photo Selection
The client is to determine which of their photos are to be used, if any. Photos to be considered for use are to be presented by the client to “Thewitchez.com” before concepts are presented.

4c. Model Releases
Any image which depicts another person requires their permission to use the photo. Any photo provided by “Thewitchez.com” will have the necessary permissions/model release in place. If an image is provided by the client, it is their responsibility to ensure any necessary permissions are obtained.

5. The website, graphics and any programming code remain the property of "thewitchez.com" until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by "thewitchez.com" remain the copyright of "thewitchez.com" and may only be commercially reproduced or resold with the permission of "thewitchez.com". The client does not have permission to copy, resell or redistribute the materials produced by “Thewitchez.com” without the express and written permission of “Thewitchez.com”.

6. "thewitchez.com" makes every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.

7. "thewitchez.com"will submit a client's website to several of the major search engines as part of the design commission. If a client wishes "thewitchez.com" to promote a web site as a separate commission, "thewitchez.com" will make every reasonable effort to promote the website effectively but cannot guarantee high placings in search engine results.

8. "thewitchez.com" can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client's web site.

9. "thewitchez.com" will initially place the client's website on one of "thewitchez.com's" demonstration servers in order that the client may view and comment upon the website's progress. When both "thewitchez.com" and the client agree that the website meets the criteria agreed during the commissioning process, "thewitchez.com" will invoice the client for the full amount due for the commission. On receipt of payment, "thewitchez.com" will publish the website on the client's server, or provide the source code for the site via a download (or cd-rom disk) for the client to upload.

10. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.

11. The client agrees to make available as soon as is reasonably possible (maximun three months) to "thewitchez.com" all materials required to complete the site to the agreed standard and within the set deadline. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for three months after completion to allow for any final amendments that may be required. If the client chooses to pay in instalments, a non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.

12. "thewitchez.com" expects payment by cheque, bank transfer, credit card or cash within 14 days of the date on the invoice.

13. Any payment returned by the bank or credit card company will incur a £25 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.

14. "thewitchez.com" does not undertake to maintain or update a client's website as part of the design commission. If a client wishes "thewitchez.com" to maintain or update a web site as a separate commission, "thewitchez.com" will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.

14a. Due to the nature of website design all clients are required to send us data and instructions electronically. The maintenance packages do not include personal client meetings. If you feel you require a meeting, we are happy to arrange an appointment. The consultation meeting fee is £45 per hour, with the minimum charge of £45.
14b. On board signing new clients, the first two consultations are always free of charge.

15. "thewitchez.com" reserves the right to alter prices at any time without notice. If a client has commissioned any services from"thewitchez.com" prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.

16. By agreeing to these terms and conditions your statutory rights are not affected.
"thewitchez.com" reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions.

If you have any complaints about the quality of service you have received from "thewitchez.com" please contact us.
We take customer satisfaction very seriously and will investigate your complaint promptly and thoroughly.

MAINTENANCE and CORRECTION OF ERRORS

1. Thewitchez web & graphic design takes no responsibility for the functionality or maintenance (unless a maintenance contract is in place) of the Website after the Work has been completed. Errors (both technical and typographical) attributable to Thewitchez web & graphic design will be corrected free of charge, but Thewitchez web & graphic design reserves the right to charge a reasonable fee for correction of errors for which Thewitchez web & graphic design is not responsible, including, but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided to Thewitchez web & graphic design by the Client. Notwithstanding anything to the contrary contained in this contract, neither Thewitchez web & graphic design nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will Thewitchez web & graphic design be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, even if Thewitchez web & graphic design has been advised of the possibility of such damages

2. This agreement allows for minor web site maintenance to pages for the first three months from the date website designed by Thewitchez goes live - at no charge, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest-books, discussion webs, navigation structure changes, attempted updates by Client repairs. The period begins on the date the Client's web site is available to be published to the Client's hosting service. Major page code and/or graphics changes and additions will be charged at the £45.00 per hour rate. (Notice: This rate is subject to change at any time). All payments, regardless of amount, must be made within 14 days. Search engine re-submissions and/or customisation of the website, other than the original submission included in the contract fee, shall be charged separately.

EXTENT of WORK

1. Installation on the Internet is limited to the uploading of all necessary files to the Host, and testing of functionality. No registration of the Website with Search Engines will be undertaken unless otherwise agreed with the Client. The Client understands that Gallantry Web Design does not provide any hosting services in connection with this Web Design Project. Hosting services require a separate contract with the hosting service of the Client's choice. The Client agrees to select a hosting service which allows Thewitchez web & graphic design full access to the Client's account via FTP (File Transfer Protocol). The Client will be solely responsible for any and all hosting service charges.

TERMS OF AGREEMENT FOR THEWITCHEZ CMS WEB SERVICES

Please read the complete terms of agreement for Thewitchez CMS Web Services carefully.
Agreement for Thewitchez CMS Web Services

This agreement is between 'Client' (Purchasee), individual, business, partnership, company or charity obtaining or proposing to obtain goods or services from THEWITCHEZ and 'Thewitchez' (www.thewitchez.com - designers, consultants and agents)

1.    AUTHORIZATION

'Client' is engaging above named 'Thewitchez', a sole-proprietorship, as an independent contractor for the specific project of developing a web site. The 'Client' hereby authorizes 'Thewitchez' access and "write permissions" to all directories and files of this account.

2.    WEB & GRAPHIC DESIGN SERVICES

   1.      Design to include web page layout: placement of text, graphics/photos, navigation links, external links and e-mail links. CSS stylesheet and installation into client hosting.
   2.      Minor updates and changes to web site at no charge for one month beginning when web site is transferred to the internet for public viewing. Minor changes are limited to: changing wording, or making general design or text corrections. 'Thewitchez' hourly rates of £45/hour, or agreed upon amount via email/phone communication, will apply to retyping of lengthy text, adding new text, adding new pictures, adding new pages, or any other major changes not included in purchase.
   3.      'Thewitchez' will provide all web site files via e-Mail to 'Client' by request.

3.    FEES & PAYMENT

   1.      All fees payable in British pounds.
   2.      Web Design cost is variable and based on individual design.
   3.      A down payment or full payment may be required prior to any work beginning.
   4.      Payments will be accepted via electronic transfer, cheques or PayPal.

4.    COPYRIGHT AND TRADEMARKS

   1.      The 'Client' represents to 'Thewitchez' and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 'Thewitchez' for inclusion in web site are owned by the 'Client', or that the 'Client' has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend 'Thewitchez' from any claim or suit arising from the use of such elements furnished by the 'Client'.
   2.      'Thewitchez' guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both 'Client' and 'Thewitchez' that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual web site, unless 'Client' receives direct authorization from the 3rd party.

5.    LIABILITY

   1.      In the event that 'Client' or other agent acting on the behalf of the 'Client' accesses files and disrupts the layout or functionality of the web site, 'Thewitchez' can work to get the web site back up and running at the regular hourly rate.
   2.      Under no circumstances, including negligence, shall 'Thewitchez', or any other company involved in the creation, production or distribution of the web site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the 'Thewitchez's' services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to 'Thewitchez's' records, programs or services.

6.    LAWS AFFECTING ELECTRONIC COMMERCE

The 'Client' agrees that the 'Client' is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend 'Thewitchez' and it's subcontractors from any claim, suit, penalty, tax, or tariff arising from the 'Client's' use of Internet electronic commerce.

7.    COPYRIGHT TO WEB PAGES, DESIGN AND GRAPHICS

   1.      Copyright to the finished assembled work of individual web site produced and designed by 'Thewitchez' is owned by 'Thewitchez'. This ownership is to include rights to the design, any photos or graphics supplied by 'Thewitchez', source code, and computer programs. specifically designed for this web site. Upon full and final payment of this contract, the 'Client' is assigned copyright to use on a single web site the design, graphics, and text contained in the finished assembled web site.
   2.      All graphics, photos and text provided by 'Thewitchez' are property of 'Thewitchez' and may not be used in any media outside the single web site without permission or transfer of rights specified in writing between 'Thewitchez' and 'Client'. The client does not have permission to copy, resell or redistribute the materials produced by “Thewitchez.com” without the express and written permission of “Thewitchez.com”.

8.    INTERNET ETIQUETTE

'Thewitchez' is a developer of ethical web sites. As such, 'Thewitchez' will not design, promote, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, colour sex, creed or religion. Nor will 'Thewitchez' design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.

9. AUTHORSHIP CREDIT

   1.      'Client' agrees that 'Thewitchez' may put a small byline link on the bottom of their web page establishing authorship credit, which cannot be removed in any event of the design being altered.
   2.      'Thewitchez' may use 'Client' web site as a sample of work in print or through a web site link.

3. 'Thewitchez.com' may use elements from the client’s project in its own promotional materials without restriction or permission. “Thewitchez.com” may also use materials from the project as originally delivered for before/after representations.

GENERAL TERMS & CONDITIONS

DEFINITIONS
We are " thewitchez.com" and the Customer is any person or a company placing an order with us to carry out work.

PRICES
Standard prices are shown on our web site and on printed literature.
"Thewitchez.com" reserve the right to alter prices without notice.

The statutory penalties?

A fixed charge of £40, £70 or £100 depending on the size of the debt (under £1,000, under £10,000, and higher).
Interest at 8% over base rate (a level set each 6 months for simplicity).

Any payment returned by the bank or credit card company will incur £25 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the Customer.

CANCELATION
Any order cancelled will occur a charge of 50%. If printing has commenced, on either paper or canvas, then full payment shall be made.

CARRIAGE
"Thewitchez.com" will deliver by the most cost-effective available usualy courier or mail.

WEB DESIGN
For website terms and conditions, please check our WEBSITE DESIGN TERMS AND CONDITIONS.

TERMS APPLICABLE TO ANY FREE-DESIGN PROJECTS DESIGNED, POWERED, MAINTAINED & HOSTED BY THEWITCHEZ

1. THEWITCHEZ provides free and/or special design services at discounted rates.

* Applicants must either be registered charities with a valid registration number, non-profit organisations, artists, etc, working for the community.
* The scheme is provided at our discretion and we reserve the right to refuse a discount or to undertake work

2. The Client agrees not to perform any action that will result in the reduced performance of THEWITCHEZ server, business, web design & hosting services.
3. The Client agrees not to do any act or omission, the result of which would have the effect of bringing THEWITCHEZ into disrepute.

4. The Client will not post, link to or transmit

(a) any material which is inappropriate or unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
(b) any material containing a virus or other hostile computer program;
(c) any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction;

5. THEWITCHEZ reserves the right to suspend all development projects, designs, hosting arrangements or other services with a particular client if THEWITCHEZ deems it appropriate to do so, for reasons which might include inappropriate or unprofessional behaviour on behalf of the client, late settlement of invoices or a lack of confidence in the ability to settle future invoices, questionable project material/content, unreasonable or unrealistic demands made on THEWITCHEZ or its staff.

6. Any free-design websites may not be redirected, re-designed by any three party or the Client without prior written notice to THEWITCHEZ. THEWITCHEZ reserve the right to remove or suspend any web design project should these terms and condition be breached.

7. Copyright to the finished assembled work of individual web site produced and designed by 'Thewitchez' is owned by 'Thewitchez'. This ownership is to include rights to the design, any photos, banners or graphics supplied or designed by 'Thewitchez', source code, and computer programs specifically designed for this web site.

8. All graphics, photos and text provided by 'Thewitchez' are property of 'Thewitchez' and may not be used in any media outside the single web site without permission or transfer of rights specified in writing between 'Thewitchez' and 'Client'. The client does not have permission to copy, resell, reuse or redistribute the materials/graphics produced by “Thewitchez.com” without the express and written permission of “Thewitchez.com”.

WEBSITE HOSTING AND DOMAIN NAMES TERMS & CONDITIONS

All users of our hosting services must abide by these terms and conditions. Failure to do so may lead to the suspension or removal of the site.
1. Renewal Policy
Hosting of your site by us must be renewed annually. Domains registered by us or transferred to us will need to be renewed within 30 days of their renewal date with the relevant registered organisation. You will be responsible for renewing any other domains with your registrar agent even though a domain may be hosted by us. They will normally contact you before it is due; please ensure your contact details are kept up to date.
We reserve the right to increase prices between renewal dates; you will be told of any changes. You are under no obligation to renew your hosting or domains with us, however there will be a charge for transfers, and you must assume responsibility for ensuring site compatibility and for any disruption. Some facilities of your website may cease to function correctly if the hosting is transferred due to situations beyond our control.

2. Acceptable Use Policy
Under no circumstances is unlawful or immoral material acceptable within our hosting network.
Generally, conduct that violates copyright, law, regulation or the accepted norms of the Internet community, whether or not expressly mentioned in this policy, is prohibited. We also reserve the right to prohibit activities that do not comply with ethical principles.
Conduct that would be unlawful in other contexts (for example but not limited to, threats, harassment, defamation, obscenity, software piracy or spam) is prohibited.
If any unacceptable content is found on your website we will take steps to ensure its prompt removal. If for any reason we are unable to remove the specific unacceptable content we may have to suspend access to the whole website. You will be kept informed of any action taken against your account.

3. Usage and Restrictions
You must not exceed the server resources allocated to you in your hosting plan. You will be required to upgrade to another plan if you repeatedly exceed these limits.
Unless otherwise arranged, your website will run from a server shared by a number of clients. You must not run or use any system intensive processes that could potentially affect the level of service provided to other users of the system. In these circumstances we reserve the right to remove the offending site.
Administrative access will be limited to the levels originally set up by us. Access privileges can only be upgraded by arrangement and may incur a fee. We reserve the right to limit privileges. However you will not be prevented from editing the content through the CMS panel, unless you are in breach of these terms and conditions.
Your access to the hosting control panel will be restricted. Changes to these settings must be made by arrangement and may incur a fee.

4. Guarantees and Liability
We will endeavour to offer a continuous high quality service. However there may be factors that prevent us from fulfilling this level of service and as such cannot make any guarantees. Under these circumstances we will do our utmost to resolve the situation.
We make no guarantees regarding ranking positions in search engines, whether using our premium keyword service or not.
You will be responsible for ensuring that the content of your site complies with our acceptable use policy. We do not accept liability for material that does not comply.

5. Loss of Content
The Client has to ensure that site content is backed up on a regular basis. Reasonable precautions are taken to prevent data loss through system failure. It may be possible to restore lost content in the event of user error however our backups should not be relied upon for that purpose.
Any restoration due to client error will be billed at our standard hourly rate.

6. Indemnity
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services and the server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this agreement.

7. Service Cancellations
All hosting and domain services are billed in advance, as detailed on your invoice. If you wish to cancel a service you must inform us, in writing, at least 14 working days before the expiry date. If you fail to cancel a service it will automatically be renewed as described in Section 1, and payment will be due for an additional period of service. Hosting services are charged and renewed annually. Domain names are registered for either one or two years (depending on the domain extension) and will be charged for that same period in advance.
If you cancel your service with us, we are under no obligation to continue to provide assistance to you in relation to your website. We take no responsibility for the continued availability or functionality of your website if your hosting service is no renewed.

8. Refunds Policy
As all hosting and domains are billed in advance no refunds will be possible. You are however under no obligation to continue your service as long as you cancel before your current term lapses.

9. Data-transfer (bandwidth) coverage
If you go over the allocated amount of data-transfer for your account in any 30 day period, additional data will be charged at a cost of £10 per GB (or part GB).

10. Overdue Accounts
If for any reason you have an overdue account with 'Thewitchez.com' in relation to your website, hosting service or domain name, we reserve the right to suspend that service in order to limit our costs until the account has been settled in full.

11. Refusal of service
We reserve the right to refuse, suspend or cancel service at any time. Violation of any rules and regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
If it is necessary for us to suspend your service for any reason, we reserve the right to charge a reconnection fee to cover the time spent in administering the suspension.

TERMS OF AGREEMENT FOR THEWITCHEZ CMS WEB SERVICES

Please read the complete terms of agreement for Thewitchez CMS Web Services carefully.
Agreement for Thewitchez CMS Web Services

This agreement is between 'Client' (Purchasee) and 'Thewitchez' (www.thewitchez.com)

1.    AUTHORIZATION

'Client' is engaging above named 'Thewitchez', a sole-proprietorship, as an independent contractor for the specific project of developing a web site. The 'Client' hereby authorizes 'Thewitchez' access and "write permissions" to all directories and files of this account.

2.    WEB & GRAPHIC DESIGN SERVICES

   1.      Design to include web page layout: placement of text, graphics/photos, navigation links, external links and e-mail links. CSS stylesheet and installation into client hosting.
   2.      Minor updates and changes to web site at no charge for one month beginning when web site is transferred to the internet for public viewing. Minor changes are limited to: changing wording, or making general design or text corrections. 'Thewitchez' hourly rates of £45/hour, or agreed upon amount via email/phone communication, will apply to retyping of lengthy text, adding new text, adding new pictures, adding new pages, or any other major changes not included in purchase.
   3.      'Thewitchez' will provide all web site files via e-Mail to 'Client' by request.

3.    FEES & PAYMENT

   1.      All fees payable in British pounds.
   2.      Web Design cost is variable and based on individual design.
   3.      A down payment or full payment may be required prior to any work beginning.
   4.      Payments will be accepted via electronic transfer, cheques or PayPal.

4.    COPYRIGHT AND TRADEMARKS

   1.      The 'Client' represents to 'Thewitchez' and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 'Thewitchez' for inclusion in web site are owned by the 'Client', or that the 'Client' has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend 'Thewitchez' from any claim or suit arising from the use of such elements furnished by the 'Client'.
   2.      'Thewitchez' guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both 'Client' and 'Thewitchez' that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual web site, unless 'Client' receives direct authorization from the 3rd party.

5.    LIABILITY

   1.      In the event that 'Client' or other agent acting on the behalf of the 'Client' accesses files and disrupts the layout or functionality of the web site, 'Thewitchez' can work to get the web site back up and running at the regular hourly rate.
   2.      Under no circumstances, including negligence, shall 'Thewitchez', or any other company involved in the creation, production or distribution of the web site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the 'Thewitchez's' services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to 'Thewitchez's' records, programs or services.

6.    LAWS AFFECTING ELECTRONIC COMMERCE

The 'Client' agrees that the 'Client' is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend 'Thewitchez' and it's subcontractors from any claim, suit, penalty, tax, or tariff arising from the 'Client's' use of Internet electronic commerce.

7.    COPYRIGHT TO WEB PAGES, DESIGN AND GRAPHICS

   1.      Copyright to the finished assembled work of individual web site produced and designed by 'Thewitchez' is owned by 'Thewitchez'. This ownership is to include rights to the design, any photos or graphics supplied by 'Thewitchez', source code, and computer programs. specifically designed for this web site. Upon full and final payment of this contract, the 'Client' is assigned copyright to use on a single web site the design, graphics, and text contained in the finished assembled web site.
   2.      All graphics, photos and text provided by 'Thewitchez' are property of 'Thewitchez' and may not be used in any media outside the single web site without permission or transfer of rights specified in writing between 'Thewitchez' and 'Client'. The client does not have permission to copy, resell or redistribute the materials produced by “Thewitchez.com” without the express and written permission of “Thewitchez.com”.
   3.      The source code of the system is subject to additional copyrights, and may not be altered under any circumstances without written permission.

8.    INTERNET ETIQUETTE

'Thewitchez' is a developer of ethical web sites. As such, 'Thewitchez' will not design, promote, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, colour sex, creed or religion. Nor will 'Thewitchez' design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.

9. AUTHORSHIP CREDIT

   1.      'Client' agrees that 'Thewitchez' may put a small byline link on the bottom of their web page establishing authorship credit, which cannot be removed in any event of the design being altered.
   2.      'Thewitchez' may use 'Client' web site as a sample of work in print or through a web site link.

10. ENTIRE UNDERSTANDING

This constitutes the sole agreement between the 'Thewitchez' and 'Client' regarding its web design and graphic service. This agreement shall be governed and construed in accordance with the laws of the United Kingdom.

Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

PRINTING TERMS & CONDITIONS

Terms and conditions relating to the supply of products from Thewitchez.

Please read all terms and conditions carefully before placing an order. By ordering any of our Products, you agree to be bound by these terms and conditions.

Please print a copy of these terms and conditions for future reference.

1. ABOUT THEWITCHEZ

Registered office details:
THEWITCHEZ Web Design - Graphic Design - Photography
160C Stanley Road
Teddington
Middlesex
TW11 8UD

2. SERVICE AVAILABILITY

Thewitchez is intended for use by people resident in the United Kingdom, however, in some circumstances, orders from outside the UK will be accepted.

3. YOUR STATUS

By placing an order through our website you warrant that:

a. You are legally capable of entering into binding contracts.
b. You are at least 18 years old.
c. You are resident in the United Kingdom

4. Customer Information

4.1 Communicating with the customer

The customer has to indicate when placing the order at the latest an email address, whose operability he has to ensure from the moment he places the order until the definite completion of the order. The customer has to assure in particular with the adjustment of his spam filter (off line and/or by his provider) that he gets the emails of the Thewitchez.com. This email address also applies for future orders until it is recalled or until the customer sends a notification of change.

Thewitchez is authorised, but not obligated, to send messages of any kind – also such messages that are of essential importance for the contractual relationship and the correct implementation of the contract – by other means than electronic mail. In particular the customer can neither demand that messages for him are sent by telephone, letter, and fax or by services of telecommunication systems – e.g. short message services (SMS) – nor can he successfully invoke ignorance if messages by such means of communication are missing, when Thewitchez.com has sent the message to the email address according to paragraph 1.

Messages of Thewitchez.com, which are sent by email to the email address according to paragraph 1, are presumed to be received by the customer after their dispatch.

The customer is allowed to provide evidence that he has not received a message sent to him for reasons that are beyond his sphere.

Thewitchez is regularly not obligated to point out to the customer that there is a missing, wrong or an inoperable email address in terms of paragraph 1. However, the customer is allowed to provide evidence that such a message would have been technically feasible and reasonable.

4.2 Personal data and privacy policy

The personal data (for instance name, address, payment information) you have provided us with will be used for the fulfilment and processing of the contract. This company will be given access to your data as far as this is necessary for the delivery of the goods. If you have agreed to us doing so, we will also use your data to inform you about our latest products and other news concerning our offers. You are entitled to withdraw your agreement at any time. Additionally, you have the right to request us to change or delete your data. This process will not entail any further costs, except those charged by your provider for sending emails. If we alter or delete your personal data you have the right to be informed.

We store your personal data as well as data concerning your order for the purposes of fulfilling the Contract. You will receive all information concerning the formation and the implementation of the Contract, your order data as well as our Terms and Conditions (T&C) in an email confirming your order. You can save this email on your PC which will enable you to access these data at any time. Additionally, you can access your personal data as well as data concerning your order in the customer area of our web portal.

If you have any questions concerning data protection, please feel free to contact our customer service.

5. IP ADDRESSES AND COOKIES

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers and improve the layout of the site. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, like almost all e-commerce websites, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customise our site according to your individual interests.
To speed up your searches.
To recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Please note that our advertisers may also use cookies, over which we have no control.

6. THE CONTRACT BETWEEN US

6.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and we will confirm acceptance by sending you an email confirming your order (the Order Confirmation). A legally binding contract between us will be formed only when we send you this Order Confirmation.

6.2 However, you will not have any right to cancel a Contract for the supply of any of the Products because the cancellation rights do not apply to the sale of custom-made articles or goods made to a consumer’s specification.

7. AVAILABILITY AND DELIVERY

7.1 All the specified delivery schedules will not be fixed. A fixed schedule must have been expressly designated as such and agreed by Thewitchez. As a rule, specified delivery schedules denote planned shipment times.

7.2 The delivery date is dependant upon receipt and confirmation by Thewitchez of all data, payments and email notices, before 12h00 (noon). The delivery period is specified in working days - Mondays to Fridays, excluding public holidays.

7.3 The delivery period will be regarded as having been observed if the goods have left the plant or, if they can be dispatched, have been reported as ready for shipment by the end of the delivery period. This will be subject to Thewitchez being supplied correctly and on time. Prompt and proper fulfilment by the customer of their obligations will be required so that the delivery period is observed.

7.4 If the agreed delivery schedule is not observed by Thewitchez, you will first set a reasonable period of grace in writing. You can rescind the Contract if this period of grace expires without result.

8. RISK AND TITLE

8.1 The Products will be at your risk from the time of delivery. If the goods are ready for dispatch and shipment or acceptance of them is delayed for reasons for which we are not to blame, the risk shall pass to the customer when the customer receives notice that the goods are ready for shipment.

8.2 Ownership of the Products will pass to you only when Thewitchez receives full payment of all sums due, including delivery charges.

9. PRICE AND PAYMENT

9.1 The prices of any Products will be as quoted on Thewitchez website from time to time, except in cases of obvious error.

9.2 These prices include delivery costs within the UK. The costs for shipment will cover once-only dispatch to the delivery address specified by the customer.

9.3 The payment method used, will be clearly shown on the website before your order is finalized.

9.4 Thewitchez’s website contains a large number of Products and it is always possible that, despite our best efforts, some items may on occasion be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than the stated price, we will charge the lower amount. If a Product’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

9.5 Thewitchez is under no obligation to provide the Product to you at the incorrect (lower) price, even after it has sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a ‘mis-pricing’.

9.6 Payment for all Products must be by credit card (MasterCard and Visa), debit card (Switch, Solo, Visa, Visa Electron and Maestro), Paypal.

9.7 The stated prices apply on the condition that the order data on which the prices are based does not change after conclusion of the Contract. Costs caused by subsequent changes instigated by the customer will be charged separately.

9.8 Thewitchez will send invoices solely by email with a qualified electronic signature. By submitting an order the customer agrees to this form of invoicing. Payments will be due regardless of whether and when an invoice is issued.

9.9 Unless specified otherwise on the Order Confirmation, the gross total price will be due for payment immediately after conclusion of the Contract (receipt of the Order Confirmation).

10. PRINT DATA AND OBLIGATIONS TO CHECK IT

10.1 We will carry out all print orders solely on the basis of the print data sent by you. Error-free printing is not guaranteed in the case of differing data formats or other specifications.

10.2 You must carefully check the print data to determine whether it is suitable for the order before sending it to us. We will not check the print data and the customer alone will bear the risk of any errors in the printed Products owing to incorrect data supplied.

10.3 At your express request, formats other than those specified in the customer information will be processed, where technically feasible. If errors occur as a result of using these formats, responsibility will be borne by the customer and not by Thewitchez.

10.4 We can convert print data not sent in CMYK mode, but such conversion will be at the customer’s risk. Conversion of RGB data or ICC colour profiles will naturally result in deviations in colour from the original and, again, liability for these deviations will lie solely with the customer.

11. COMPLAINTS

11.1 Obvious defects in delivered goods must be reported to us within 1 week of receipt.

11.2 Complaints made solely because you have failed to heed the information on requirements for the print data cannot be raised. This shall apply in particular to printed matter that is based on RGB colours, and in which the resolution is too low or in which fonts that are not embedded are used.

11.3 Slight deviations in colour will not be regarded as defects.

11.4 Short or excess shipments of up to 10 % of the ordered print run that are customary in the trade must be accepted by you, provided they are reasonable. The supplied quantity will be charged.

12. OUR LIABILITY

12.1 Thewitchez warrant that any Product purchased from us through our website is of satisfactory quality.

12.2 Our liability for any Product purchased through our site is strictly limited to the purchase price of that Product.

12.3 This does not include or limit in any way our liability:

a. For death or personal injury caused by Thewitchez’s negligence

b. Under section 2 (3) of the Consumer Protection Act 1987

c. For fraud or fraudulent misrepresentation

d. For any matter for which it would be illegal for Thewitchez to exclude, or attempt to exclude, its liability.

12.4 If the supplied goods are defective or lack warranted qualities, Thewitchez – at its discretion – will supply a replacement or remedy the goods, to the exclusion of further warranty claims by the customer. If Thewitchez allows the period of grace set for it to elapse without supplying a replacement or rectifying the defect, or if subsequent remedy fails, you can rescind the Contract or demand appropriate reduction in the purchase price, to the exclusion of all other claims. Thewitchez will be liable for replacement deliveries and work done on subsequently remedying goods to the same extent as for the original goods.

12.5 If part of the delivery has defects, this will not authorize the customer to object to the entire goods.

13. OWNERSHIP, ARCHIVING, PROPRIETARY RIGHTS

13.1 The printing forms or carriers produced and used by Thewitchez to produce the goods will remain its property.

13.2 Digital data and other objects required for reuse, as well as semi-finished and finished Products, will not be retained by Thewitchez beyond the delivery schedule. Data used for production is not returned to the customer but deleted after shipment.

13.3 Thewitchez Products will be created solely on the basis of the customer’s content-related stipulations in the print data that has been sent. Thewitchez has no influence on the contents of the printed Products. You represent that you have all rights to use, disseminate and publish the data you have sent, in particular with regard to text and photographic material. You are liable for ensuring that the data you supply does not infringe proprietary rights of third parties and that the contents of printed matter do not violate the applicable law. You will indemnify us without reservation if claims are asserted against Thewitchez due to the infringement of the rights of third parties, in particular breaches of copyright, as a result of the use of the data provided by you.

14. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications Thewitchez sends to you should be in writing. When using its website, you accept that communication with Thewitchez will be mainly electronic - we will contact you by email. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Thewitchez provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. NOTICES

All notices by you to Thewitchez must be given to Thewitchez This e-mail address is being protected from spambots. You need JavaScript enabled to view it . We may give notice to you at either the email or postal address you provide when placing an order, or in any of the ways specified in Paragraph 13. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that it was properly addressed, stamped and placed in the post and, in the case of an email, that it was sent to the specified email address.

16. TRANSFER OF RIGHTS AND OBLIGATIONS

16.1 The Contract between you and Thewitchez is binding on both parties and on their respective successors and assignees.

16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

16.3 Thewitchez may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.

17. EVENTS OUTSIDE OUR CONTROL

17.1 Thewitchez will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control (Force Majeure Event).

17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond its reasonable control and includes in particular (without limitation) the following: a. Strikes, lock-outs or other industrial action. b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war. c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. e. Impossibility of the use of public or private telecommunications networks. f. The acts, decrees, legislation, regulations or restrictions of any government.

17.3 Thewitchez’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and it will have an extension of time for performance for the duration of that period. Thewitchez will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.

18. WAIVER

18.1 If Thewitchez fails, at any time during the term of a Contract, to insist upon strict performance of any of the customer's obligations, or any of these terms and conditions, or if it fails to exercise any of the rights or remedies to which it is entitled, this will not constitute a waiver of such rights or remedies and will not relieve the customer from compliance with such obligations.

18.2 A waiver by Thewitchez of any default will not constitute a waiver of any subsequent default.

18.3 No waiver by Thewitchez of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to the customer in writing in accordance with Paragraph 14 above.

19. SEVERABILITY

If any of these terms and conditions, or any provisions of a Contract, are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, they will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.

20. ENTIRE AGREEMENT

20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between Thewitchez and the customer in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Thewitchez and the customer, whether oral or in writing.

20.2 Thewitchez and the customer both acknowledge that, in entering into a Contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Thewitchez prior to such Contract except as expressly stated in these terms and conditions.

20.3 Neither of the parties will have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently), and the other party’s only remedy will be for breach of contract as provided in these terms and conditions.

21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

21.1 Thewitchez has the right to revise and amend these terms and conditions from time to time.

21.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to these policies or terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

22. LAW AND JURISDICTION

Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts will be subject to the non-exclusive jurisdiction of the English courts.

Complaints Procedure

THEWITCHEZ aim to always give outstanding customer service, however we recognise that from time to time issues may arise. We are committed to resolving any such issues as quickly and efficiently as possible.
If you are unhappy with any of our services, or you feel that you have not received a satisfactory response from our staff, you may send your complaint in writing to:

The Managing Director
THEWITCHEZ
160C Stanley Road
Teddington
Middlesex
TW11 8UD

You should expect to receive a response to your query within 14 days of us receiving your correspondence. On receipt of your complaint we will thoroughly investigate any issues raised and propose a course of action for resolution.