Terms & Conditions
Windmill Studio, The Windmill, Asthall, Burford, Oxfordshire, OX18 4HJ
Please read these terms and conditions carefully before accessing or using the Websir databases at www.websir.co.uk. Websir owns all right, title and interest in the Websir websites. By accessing and using the Websir websites, you hereby agree to be legally bound by the terms and conditions set forth herein. If you do not agree to abide by the following terms and conditions, please do not use the Websir websites. If you have questions about the following terms and conditions, please contact Websir by email at [email protected] Websir reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Websir websites following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on April 23, 2018.
Ownership of intellectual property:
All software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and any other copyrightable material that is contained on any of the Websir websites, including the selection, coordination and arrangement thereof, along with all trademarks, service marks and trade names (the "material") on any of the Websir websites, are the property of Websir and/or its subsidiaries, affiliates or assigns or Websir's licensors or other respective owners and are protected, without limitation, pursuant to u.s. And foreign copyright, trademark and other applicable laws. You may use the material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any material to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of Websir.
The foregoing prohibition includes, but is not limited to, the practice of embedding Websir website pages in "frames" running from other sites, and "mirroring" content from the Websir websites on a server other than that operated by Websir. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the material in any way at any time. Any unauthorised or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
- Websir reserves the right to alter these terms and conditions without prior notice. If you have any uncertainties about these conditions as they might apply to you or your project, it is your responsibility to clarify the situation by contacting us before the project gets under way.
- Websir takes no responsibility for errors in content supplied by the customer for their web site.
- Payment for the authoring of all websites will be in advance. Subsequent annual subscription payments will be made either in advance on the anniversary of the initial payment, or by standing order.
- Websir retains copyright of all web site designs.
- Websir retains copyright of all photographic material. Permission may be given to use this material for print use only.
- Websir retains copyright of all associated media: CD’s, Print designs.
- Websir retains ownership and copyright of any domain name hosted by Websir.
- Websir retains the option to sell any domain name registered by Websir.
- Any amendments to a completed Websir will be undertaken by Websir.
- Any enhancement to websites including but not limited to e-commerce will be undertaken by Websir.
- Customers wishing to cancel their contract are required to do so by registered post giving 3 months notice and cancellation will only be effective on receipt of such notice. No refunds will be made for any part of the annual subscription remaining.
- In the event of the customer canceling their contract, their website will be taken offline the day after the contract expires. Websir retains ownership of the web site and permission must be sought before using or duplicating the design.
- Customers wishing to transfer: domain name/names away from Websir can do so at any time. An admin charge of £199.00 + vat will be made for any work associated with the transfer.
- Customers wishing to transfer: web hosting away from Websir can do so at any time. An admin charge of £199.00 + vat will be made for any work associated with the transfer.
- Websir designed web sites can be transferred only if permission is obtained from Websir, the annual subscription is maintained, any balance is settled, any balance is settled in full, when a contribution to website design is originally charged. An admin charge of £199.00 + vat will be made for any work associated with transfer of web site.
- Websir reserves the right to withdraw the service at any time without prior notice.
- Websir does not allow pornographic or other offensive material to be included in any website.
- Websir reserves the right to use customer websites in future promotion.
- It is the responsibility of the customer to provide all necessary materials that make up the content of the site. No refund will be made in the event that the customer fails to provide sufficient content to complete their web site. All content must be supplied in a suitable digital format. Images should be supplied as jpeg, gif or Photoshop format. Text should be supplied as a Microsoft word or ASCII text file.
- Failure to supply material in digital format will result in extra charges being made for processing content for use on the customer's web site.
- The customer grants Websir permission to utilise logos and any other company identity for the purposes of creating their website.
- The customer agrees to indemnify Websir from any and all claims arising from the customer's negligence or inability to obtain proper copyright permissions for all content supplied.
- A design credit with a link to the Websir website will appear on the main home page of the customer's web site either in text or graphic format. The link will be designed to fit the overall design of the site.
Website maintenance is subject to the following conditions:
- Maintenance is defined as modifications to an existing page. The creation of a new page will incur an extra charge.
- Normal maintenance means amendments to a web site requiring 0.5 man hours or less to implement (sufficient for most text changes).
- Requests to revise web site content must be submitted to Websir via e-mail ([email protected]) or in writing together with the actual updates.
- All content must be supplied in digital format. Content not supplied in digital format may result in extra charges being made.
- Websir will establish if the update falls within the scope of the maintenance agreement if applicable, and if not, advise the customer of the cost of the update.
- If the website is to be hosted by another web host than Websir, the customer agrees to grant Websir access to the web space via ftp.
- Websir makes no warranties of any kind, whether express or implied, for the services it provides.
- Websir also disclaims any warranty of merchantability or fitness for a particular purpose.
- Websir will not be responsible for any direct, indirect or consequential damages which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service. The customer acknowledges and agrees that Websir cannot guarantee the absence of service interruptions caused by acts of god or other circumstances beyond its control.
- All services may be used for lawful purposes only. The customer agrees to indemnify and hold Websir harmless from any claims resulting from the use of the service which damages the customer or any other party.
- Use of email accounts provided by Websir for bulk email is strictly prohibited.
- Websir will advise clients on selecting domain names but cannot guarantee a certain name.
- Websir cannot guarantee a 100% continuous service for web hosting or e-mail and are not liable for problems or losses arising from the failure or interruption of the service.
Hyperlinks to third party sites
The appearance of external hyperlinks does not constitute endorsement by Websir its subsidiaries or affiliates of the opinions or views expressed by these linked websites and Websir does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, Websir is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither Websirsites its subsidiaries or affiliates will be responsible for any errors or omissions or for the results obtained from the use of the information contained in these sites. To the extent that these sites collect personal information (the "information") or postings from the end user, be advised that in no event shall Websir assume or have any responsibility or liability for the manner in which the information or postings are exploited or for any claims, damages, or losses resulting from the use and/or appearance of the information on these sites. Finally, Websir will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
Disclaimers and limitations on liability
Websir is providing the Websir websites on an "as is" basis. Websir makes no warranties, express or implied, and specifically disclaims any warranty of merchantability, fitness for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, Websir does not represent or warrant that the information accessible via this site is accurate, complete, or current. Information is subject to change without notice. Further, Websir does not warrant that access to the Websir websites will be uninterrupted or error-free, that defects will be corrected, or that the Websir websites or the server that makes them available are free of viruses or other harmful components. In no event shall Websir be liable for any indirect, incidental, consequential, punitive, reliance or special damages, including without limitation, damages for lost profits, loss of advantage, loss of savings, loss of revenues of any kind, increased cost of operations, business interruption or loss of information, even if Websir has been advised of the possibility of such damages.
Because some states do not allow the exclusion or limitation of the foregoing warranties or liability for consequential or incidental damages, the above limitations may not apply to licensee. In the event applicable state or federal law does not allow the complete exclusion or limitation of liability of claims and damages as set forth in this agreement, Websir's liability is limited to the greatest extent permitted by law.