March 05 2020 – Terms and Conditions – Compliance
OversalMedia/Sugocity Web Design Terms and Conditions
— Development Process
1. OversalMedia/Sugocity Web Design agrees that all of the business affairs and information of the Client are to be kept confidential except where necessary for the execution of their services for the Client.
2. OversalMedia/Sugocity Web Design will host the Client’s website unless otherwise negotiated with the Client.
3. OversalMedia/Sugocity Web Design is not responsible for search engines crawling and ranking websites which are hosted either on the OversalMedia/Sugocity Web Design within the OversalMedia/Sugocity Web Design account within the in development section or at any time while it is in development at any other domains.
4. OversalMedia/Sugocity Web Design is not responsible for loss or damage to clients data due to hacking of a website or other online system.
5. OversalMedia/Sugocity Web Design is not responsible for spamming, phishing, pharming or spoofing originating from a clients website or online system.
6. All intellectual property rights in materials provided by the Client for its website remains the Client’s property. Subject to this, all intellectual property rights in software,design work or any other materials provided to the Client pursuant to this agreement remain the property of OversalMedia/Sugocity Web Design.
7. The Client is responsible for ensuring that all material supplied to OversalMedia/Sugocity Web Design during a development is either copyright free or that the Client has the permission of the respective copyright owners to use the materials.
8. The Client will provide OversalMedia/Sugocity Web Design within a reasonable timeframe either at the beginning of a development or before a development commences all information and assistance reasonably required for the completion of any agreed tasks, including overall business objectives and objectives for the Client’s website. This is to include but is not limited to costs, pictures, content information, photographs, timescales and required functionality, plus any relevant legal requirements, logos, artwork, product and service information.
9. No website OversalMedia/Sugocity Web Design creates includes the development of a logo as standard. However during the development of a website OversalMedia/Sugocity Web Design may create some artwork as part of a Clients unique design which may be used by the Client for other purposes in their branding. Should the Client require that this artwork undergo further development such that it goes beyond three iterations this will then be counted separate to the original agreed development and is subject to OversalMedia/Sugocity Web Design hourly rate of £100 per hour unless a set fee is otherwise agreed between the Client and OversalMedia/Sugocity Web Design.
10.Any information and images intended for inclusion in a website should normally be provided in digital format by email or CD-Rom unless previously agreed to between OversalMedia/Sugocity Web Design and the Client. Should OversalMedia/Sugocity Web Design have to spend unreasonable time converting material into a usable format for a development they reserve the right to charge the Client £100 per hour.
11.Any additional cost arising where the information has to be created or converted to digital format by OversalMedia/Sugocity Web Design will be agreed with the Client beforehand. If digital information is supplied in a non-standard format, the Client will be responsible for OversalMedia/Sugocity Web Design reasonable costs of conversion to a usable format. Where OversalMedia/Sugocity Web Design after making all reasonable efforts are unable to facilitate the conversion of content into a usable format a third part will be found to undertake this work. The cost of this are in addition of any previously agreed contract.
12.If the Client does not engage in reasonable contact with OversalMedia/Sugocity Web Design during the development of a project resulting in OversalMedia/Sugocity Web Design being unable to continue with a development for a period of 1 weeks or if the Client fails to provide the above required content, information, text and images to OversalMedia/Sugocity Web Design within normally a 1 week timescale from the date of initiation, or a period otherwise mutually agreed with OversalMedia/Sugocity Web Design, then OversalMedia/Sugocity Web Design reserves the right to charge the Client for the time spent on the Client’s project at up to a rate of £100 per hour plus a cancellation charge of 40% of the remaining fees due of the development. Should this happen it will be treated as a termination of contract by the Client. Should the Client subsequently request that OversalMedia/Sugocity Web Design continue with a development, OversalMedia/Sugocity Web Design reserves the right to renegotiate any fees due from the original contract or renegotiate a new contract.
13.The Client is responsible for sending any information to OversalMedia/Sugocity Web Design
14. All deposits are non-refundable if OversalMedia/Sugocity has spent more than 2 hours on a project.
— Refund and Cancellation Policy
01 Web Design
Payments for custom design projects are made to us in increments as a courtesy to the client, usually 50%. Once a payment
or deposit is made, it is non-refundable. If a project is cancelled or postponed, all funds paid are retained by
OversalMedia/Sugocity and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the
client in full within seven days.
02 Web Development
Payments for custom web development projects are made to us in increments as a courtesy to the client, usually 50%. Once a
payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all funds paid are retained
by OversalMedia/Sugocity and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the
client in full within seven days.
03 Search Engine Optimization, Internet Marketing and Social Media Optimization
Payments for Search Engine Optimization, Internet Marketing and Social Media Optimization services are
nonrefundable, and OversalMedia/Sugocity do not issue pro rata refunds for fees paid in advance. Once a payment or deposit
is made, it is non-refundable. All Setup fees are nonrefundable as it is applied to costs immediately incurred by
OversalMedia/Sugocity in initiating services. If a project is cancelled or postponed, all monies paid are retained by OversalMedia/Sugocity and
if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your
service and/or project will be suspended without notice. A £200 chargeback fee (issued to recover fees passed on to
us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in
full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, please
contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge
from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you
fully understand our refund policy prior to making a payment.
05 Website Hosting
Payments for past months of web hosting are non-refundable. Hosting accounts are set up at the time of order and
are allotted a specific amount of server resources. If client did not make use of the
account, payment for services is still due. Hosting accounts are not cancelled until notice is received from the client in
writing, or until 15 days after due date of payment not received. If client paid for hosting account for 12 months
ahead and cancels service before plan expiration date, all funds paid are retained by OversalMedia/Sugocity.
OversalMedia/Sugocity reserves the right disable and/or terminate a user’s account if a user is found in violation of the terms.
Accounts terminated due to policy violations will not be refunded.
— Termination and other Conditions
A. Where OversalMedia/Sugocity Web Design provides services on an ongoing or continuous basis, OversalMedia/Sugocity Web Design will provide the Client with 1 days notice of termination, or of any changes to relevant prices and conditions.
B. OversalMedia/Sugocity Web Design may terminate the agreement with the Client at any time. OversalMedia/Sugocity reserve the right to terminate any verbal or written agreement at any time unilaterally.
C. In the event of terminations OversalMedia/Sugocity Web Design reserves the right to charge the Client for the time spent on the Client’s project including time spent in communication with the Client in relation to any matter at the rate of £100 per hour plus a project cancellation charge of up to 50% of the remaining fees due under the orders then current.
— A termination can happen if:
01. The Client request updates or update themselves via a Content Management System the websites in such a way that the development is no longer accessible to people with disabilities.
02. The Client change the purpose of their existing website and request updates or update them selves via a Content Management System a website so that the original aims and purposes of a site are no longer the same or similar to what was agreed in an original verbal or written contract.
03. The Client fail to make a payment within 3 days of being notified that a due payment has not been made.
004. Should the Client go into liquidation or have a receiver/ administrative receiver appointed over any of its assets.
5. The Client is in breach of any term of this agreement and the breach is incapable of remedy or, if the breach is remediable, it continues for a period of 3 days after written or verbal notice requiring the breach to be remedied has been given to the Client.
06. In OversalMedia/Sugocity Web Design’s sole opinion, the Client is using OversalMedia/Sugocity Web Design services in a way likely to damage or bring disrepute onto OversalMedia/Sugocity Web Design and the Client does not immediately desist from this use on written or verbal notice from OversalMedia/Sugocity
Web Design to this effect.
01. OversalMedia/Sugocity Web Design is not responsible for loss or damage to clients data due to hacking, backing, transferring of a website or any other online system or artwork.
02. OversalMedia/Sugocity Web Design is not responsible for spamming, phishing, pharming or spoofing originating from a clients website or online system.
03. We can cancel a Client’s account if, in OversalMedia/Sugocity Web Design’s sole opinion the Client is using a distortion which may bring OversalMedia/Sugocity Web Design’s name into disrepute.
04. Should the Client cancel the project at any time for any reason, OversalMedia/Sugocity Web Design reserves the right to charge the Client for the time spent on the Client’s project at up to a rate of £100 per hour and impose a project cancellation charge of up to 50% of any previously agreed fees.
05. The Client agrees to pay for OversalMedia/Sugocity Web Design services within 3 days of invoice unless explicitly agreed otherwise in writing by OversalMedia/Sugocity Web Design. OversalMedia/Sugocity Web Design reserves the right to claim compound interest at a rate of 20 per cent on the outstanding debt.
06. During some developments OversalMedia/Sugocity Web Design may provide any service by means of third parties at its sole discretion. The Client accepts unconditionally that OversalMedia/Sugocity Web Design is not liable for any loss or damage incurred by the Client including but not limited to loss of profit or search engine ranking.
07. OversalMedia/Sugocity Web Design may appoint any of its employees to work on any project. It may also appoint people working on contract basis for OversalMedia/Sugocity Web Design to work on any project.
08. OversalMedia/Sugocity Web Design will take all reasonable care in it undertaking of work for a Client to ensure that it is freed from errors. The Client warrants the understanding and acceptance that, as it is not possible to guarantee freedom from errors.
09. OversalMedia/Sugocity Web Design will take reasonable care to ensure its assessments, audits and recommendations to a Client are soundly based and aimed at completing the agreed tasks to a professional standard. Where the Client undertakes actions following recommendations from OversalMedia/Sugocity Web Design the Client accepts that responsibility for any subsequent outcomes from this, remains with the Client.
10. The Client may agree additional work at any stage with OversalMedia/Sugocity Web Design. This may be subject to additional fees which may not be the same as fees for the same services previously rendered to the Client. The terms and conditions as outlined here will apply to the additional work unless explicitly varied by agreement between the two parties.
11.Where OversalMedia/Sugocity Web Design offers links either via email or on OversalMedia/Sugocity Web Design websites to other sites, OversalMedia/Sugocity Web Design does not accept any responsibility for the content of those sites, the owners of which do not necessarily have any link, commercial or otherwise, with OversalMedia/Sugocity Web Design. OversalMedia/Sugocity Web Design also do not take responsibility for the links from its Clients websites.
12.OversalMedia/Sugocity Web Design utilises outside contracts for the hosting of all of the websites it creates. OversalMedia/Sugocity Web Design is not responsible for this hosting though every care has been taken in its selections. If the outside contractor suspends the hosting or other internet services for the purpose of maintenance, improvement or repair or if there is any failure of or fault in the provision of the internet services for any reason not in the immediate, direct control of OversalMedia/Sugocity Web Design or its agents, OversalMedia/Sugocity Web Design will not be liable for any loss or damage incurred by the Client, whether direct or indirect (including, without limitation, loss of profit) and whether arising in contract, tort or otherwise.
13. OversalMedia/Sugocity Web Design’s liability for any damages (including, without limitation, damages for loss of profits) arising in contract, tort or otherwise, resulting in any way from this agreement shall be limited, in aggregate over the entire period of the agreement, to the total amount paid by the Client to OversalMedia/Sugocity Web Design for service(s) rendered under the contract at the time.
14.Nothing in these terms and conditions is to be interpreted as an attempt to limit or exclude OversalMedia/Sugocity Web Design’s legal liability for any personal injury resulting from OversalMedia/Sugocity Web Design’s negligence or to affect the Client’s statutory rights.
15.The Client agrees to indemnify OversalMedia/Sugocity Web Design and will keep OversalMedia/Sugocity Web Design fully indemnified against all loss, damage, costs, claims and expenses arising in any way from any service or product
offered or provided to, via or concerning the Client’s web site and any breach of the terms and conditions set out in this document or associated documents.
16. Should the client wish to terminate services with OversalMedia/Sugocity Web Design a £200 transfer fee is applied for the transfer of the domain and / or files. OversalMedia/Sugocity maintains the right to withold any custom coding or files which may be the
intellectual copyright of OversalMedia/Sugocity and further negotiations can be entered to transfer such files. Files from suspended accounts cannot be transferred until the account is in credit.
17.Each provision in this agreement limiting or excluding liability operates separately and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision.
20.OversalMedia/Sugocity Web Design reserve the right to alter these Terms and Conditions from time to time. By continuing to accept services from OversalMedia/Sugocity Web the Client will be deemed to be bound by the altered Terms and Conditions.
20.All amendments to this agreement, as well as any other assurances or arrangements, must be made in writing. Any agreement made on behalf of OversalMedia/Sugocity Web Design by its representatives or agents shall only be binding if agreed in writing by OversalMedia/Sugocity Web Design.
21.Unless otherwise mutually agreed, any quote provided by OversalMedia/Sugocity Web Design will be valid for a maximum of 1 month.
— Design, creation and maintenance of a website for the Client:
01. The website design fee or any outstanding part of it will be due in full on completion of the website. The Client undertakes to pay OversalMedia/Sugocity Web Design the agreed the fee of the associated invoice. The Client agrees not to unreasonably change or add to the design after final verbal or written agreement.
02. The design of the particular website will be the property of the Client upon completion of the contract. However, this will in no way prevent OversalMedia/Sugocity Web Design from using any aspect of the site design or coding for other Clients. The Client may adopt aspects of the design in other media including print with the permission of OversalMedia/Sugocity Web Design which will not be unreasonably withheld.
03. The Client understands that OversalMedia/Sugocity Web Design may use the published website as a reference site only for future potential Clients of OversalMedia/Sugocity Web Design and will not unreasonably withhold permission for this.
04. The Client is not restricted to engaging OversalMedia/Sugocity Web Design to undertake site maintenance and amendment. This may be undertaken by the Client or a third party engaged by the Client.
05. OversalMedia/Sugocity grant permission to the Client to use our theme only on the site address the site was built on by us. A new site or change of url will not give a Client permission to use the our theme. This theme should not be altered, reproduced, sold or rented by any party. Breach of any of this conditions will be prosecuted by law.
— Hosting and Backup
01. The Client agrees to pay the agreed fees promptly annually in advance.
02. OversalMedia/Sugocity Web Design quoted hosting fees apply to the initial 12-month period. Where it becomes necessary to increase these in subsequent years, OversalMedia/Sugocity Web Design will provide at least one weeks notice of any proposed increase.
03. The Client agrees to take adequate measures to ensure their website or any system operated or provided by OversalMedia/Sugocity Web Design is not used for transmission of computer viruses, any material that is obscene, defamatory, abusive, indecent, or illegal, nor used in a manner creating a violation or infringement of the rights of any person, firm, company or other entity.
04. OversalMedia/Sugocity Web Design reserves the right to suspend the hosting and / or other services at its absolute discretion for the purpose of maintenance, improvement, repair or prevention of problems.
05. Unpaid hosting accounts will be suspended 1 working day after the due date of payment. Should a client require access to the files on the suspended account hosting payment must be made in full.
06. Where OversalMedia/Sugocity Web Design provides the Client with e-mail facilities, web hosting or other services which involve the provision of computer storage space, OversalMedia/Sugocity Web Design reserves the right to impose limits on the storage space and bandwidth provided. Such limits may be by reference to the physical amount of space made available, the number of e-mail messages held, the size of any attachments sent or any other method OversalMedia/Sugocity Web Design may specify. OversalMedia/Sugocity Web Design reserves the right to vary these limits from time to time and will keep the Client informed by e-mail. OversalMedia/Sugocity Web Design reserves the right to refuse to accept material and/or to delete material which exceeds the relevant limit.
07. Backup of files and databases are the sole responsibility of the Client.
Information We Collect.
(b) Cookies And Tracking Technologies: refer to the cookies policy.
(c) Access And Retention Of Data Controlled By Our Customers: An individual who is a current OversalMedia/Sugocity Web Design customer who seeks access or wishes to correct, amend or delete inaccurate data about his account, will be able to do this simply editing data through the user profile form. Each customer will be able to update, export and delete account data at any time and directly by itself without the need of contacting us.
(d) We will retain personal data we process on behalf of our customers for as long as needed to provide our services. OversalMedia/Sugocity Web Design will retain this personal information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
How We Use Your Information.
We use the information that we collect about your profile solely to provide access to your reserved area, purchased products and to provide regular invoices. We won’t use your collected data for any other purpose nor to send you any commercial or promotional ads.
How We Share Your Information.
(b) What Happens In The Event Of A Change Of Control: We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, and other User information related to the OversalMedia/Sugocity Web Design Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
(c) Testimonials: We display personal testimonials of satisfied customers on our Site . With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can do it at any time.
Storage and Processing.
How We Protect Your Information.
Our Choices About Your Information.
For current OversalMedia/Sugocity Web Design customers, you can review, correct, update, export or delete inaccuracies to the information about you that OversalMedia/Sugocity Web Design keeps on file by logging into your account for example to update your password and billing information. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
Social Media Widgets.