MC Designs

Terms and Conditions

 

  1. Agreement to Terms
  • These Terms and Conditions constitute a legally binding agreement made between (………………………………………………………………………..), whether personally or on behalf of an entity, and Direct Local Websites, located at 7 Hopewell Gardens, Bristol, BS11 0JS.

The site provides the following services: Web design, Hosting. You agree that by accessing the site and/or services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately.  We recommend that you print a copy of these Terms and Conditions for future reference.

  • Falsely implying a relationship with us or another company with whom you do not have a relationship.
  1. Content you provide to us

2.1 All information including images and text that we require from you must be sent within the date stated by the customer and client via email.

2.2 Your website will require a 50% upfront fee to commence your build. This is due upon signing these Terms and Conditions and returning via email within 48 hours.

2.3 If we do not receive our Terms and Conditions signed and emailed back within the stated time frame your build may require extra time to complete.

2.4 You further agree that we can use your User Content for any purposes whatsoever in perpetuity without payment to you and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.

2.5 We have the right to remove any User Content you put on the Site if, in our opinion, such as User Content does not comply with the Acceptable Use Policy.

2.6 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. Users Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values.

2.7 Build structure and payment

 

  • To start 50% of the build is due upfront (or 1 – 3 days) before we commence work on your new website.
  • Once funds reach our account you will be given a build time which will include a date to commence and complete your build based on 3,5,10 page or E-Commerce website. (see below).
  • Within 5 days of your build, you will receive a bespoke template based on your requirements for you to proof.
  • We must receive any updates or alterations within 3 working days of you receiving your templated site, so we can start to finalise your build and prepare to put it live.
  • Due to our popularity, we respectfully ask that you keep to our time frame.
  • All alterations and updates must be sent via email and images in high resolution (jpeg, png, pdf).
  • The final build will then proceed to go live once we have received your remaining 50% off the build.

 

 

All websites will have a time frame that are built within which are clearly stated below.

  • 3 – page website within 7 working days
  • 5 – page website within 14 working days
  • 10 – page website within 25 working days
  • E-Commerce website within 25 working days

 

(This does not include weekends)

Failure to adhere to these Terms and Conditions will result in your build times changing / extra charges.

(Should you during your build require more pages then the time frame will change)

 

2.8 If you wish to complain about User Content uploaded by other users contact us at matt@directlocalwebsites.co.uk.

  1. Web Hosting

3.1 Website Hosting is £19.99 a month Payable by GoCardless or Direct Debit.

3.2 This includes hosting your site, updating your site monthly and SSL Certification plus unlimited backups.

3.3 We also offer you 2 additional pages a year (if requested) E-Commerce pages have different terms and conditions.

3.4 E-Commerce page updates are classed as updated but only apply to current E-Commerce websites we have created.

3.5 E-Commerce products page can have an unlimited number of products added per month. (Must have all details such as description, price, dimensions, weight, shipping/ delivery costs, sale prices, discount codes, amount of stock, category, sizes.)

3.5 We do not include a new website builds in this package as this is for your current website, we developed at your point of sale.

3.6 Termination of web hosting with us requires a 14-day cancelation which must be sent in writing or email.

 

4.Your Content

 4.1 Unless otherwise indicated, the Site and Services including source code, databases, functionally, software, website designs, audio, video, text, photographs, and graphics on the site (Your Content) are owned or licensed to us and are protected by copyright and trademark laws.

4.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Your Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicity displayed encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

4.3 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptations,  additions or enhancements to the Site or Your Content, including the modification of the paper or digital copies you have downloaded. Unless you want sole site, ownership this will be at a fee for the website.

4.4 We shall (a) prepare the Site and Your Content with reasonable skill and care; and (b) use industry standard virus detection software to try and block the uploading of content to the Site that contains viruses.

4.5 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.

5.Link to third-party content

5.1 The site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party website or applications or third-party operators. We are not responsible for and do not endorse any third-party website or applications or their availability or content.

5.2 We do advise you to have a look at these payment gateways that can be used for the E-Commerce site. (Stripe.com, PayPal.com, Worldpay.com, amazonpay.com, klarna.com, sagepay.com). However, it is your responsibility to make sure these companies are PCI Compliant. If you find a different payment gateway that you want to use that is fine. We do not receive any commission from these companies, and we ask that you either set up the account yourself. Or you give us written permission to do so on behalf of you/company.

If you have set up the account yourself, we only ask for the required information. This is the API Keys. All API keys are required for the payment gateway to process the order and work correctly.

6.Site Management

6.1 We reserve the right at our sole discretion, to (1)  monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone on breach of application laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of you Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

6.2 We do not guarantee that the Site will be secure free from bugs or viruses.

7.Modification to and availability of the site

7.1 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in disruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any Site or Services or to supply any corrections, updates, or releases.

7.2 If there is any information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to your Services, including description, pricing, availability, and various other information. If you see any errors, inaccuracies, or omissions during the build of your site we will rectify these errors free of charge, however, should you deem your website ready to go live and errors are found after the website has gone live, we will also correct theses errors free of charge unless you want site ownership. Ownership then any errors will be down to you to rectify or you may contact us at this point and we will make the correction for at a small fee.

 Disclaimer / Limitation of Liability 

Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £2 million or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising. Different limitations arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply direct local websites.

 If you are a business user:

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

In particular, we will not be liable for:

  • Loss of profits, sales, business, or revenue;
  • Business interruption;
  • Loss of anticipated savings;
  • Loss of business opportunity, goodwill or reputation; or
  • Any indirect or consequential loss or damage

8.Term and Termination

8.1 These Terms and Conditions shall remain in full force and effect while we are building the Site or Services or are otherwise a user of the Site, as applicable. You may not terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at matt@directlocalwebsites.co.uk.

8.2 without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and Services (including blocking IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

9.General

 9.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing.

You hereby agree to the use of electronic signatures, contract, orders and other records and to electronic delivery of notices, polices and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

9.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

9.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

9.4 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

9.5 There is no joint venture partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site and Services.

9.6  In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by emailing at matt@directlocalwebsites.co.uk or by post to:

MC Designs in partnership with Direct Local Websites

7 Hopewell Gardens

Bristol, BS11 0JS

United Kingdom