Web Services Terms and Conditions of Business

When placing an order online with Webby you agree and are bound to the terms and conditions outlined below. Energy Media Limited (trading as “Webby”) reserves the right to amend these terms and conditions at any time with written notice to you.

Website Design & Management

Domain Names

Any new domain names registered will be under the ownership and control of Energy Media Limited. The customer can request ownership and transfer of domains free of charge. This can be done at any time.

All domain renewals are included in your pay monthly package unless agreed otherwise. Energy Media Limited takes no liability for any loss of profit or website downtime caused by expiration of domain names or other technical faults caused by any third party or domain registrar.

Delivery

All new pay monthly website accounts require an initial non-refundable deposit (the “Project Initiation Fee”) prior to work commencing. A direct debit will subsequently be arranged and your first monthly payment is due 30 days after project initiation fee is paid*. You may supply text content and images to be added to your website. All text and images submitted must be free of copyright and Energy Media Limited accepts no responsibility for any infringement of copyright law arising from any text or images used on your site. We will supply stock images for your website and we can also supply professional copywriting at an additional cost. Expected completion timeframe on most websites is between 2-4 weeks. However, if required content is not provided this may delay completion*. Energy Media Limited reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or controversial.

*We usually complete website design within 30 days but any delays to our being able to do so that are due to our client not providing suitable content or images or making changes to the initial website brief specifications will not prevent the monthly payments from being due for settlement.

On-going Management

Hosting, technical maintenance, software updates and all general upkeep services shall be provided by Energy Media Limited as standard and be included as part of the pay monthly fee.

Energy Media Limited will take extensive measures to ensure that the customer does not experience any disruption of service. We cannot accept liability for disruption of service caused by factors that lie outside of our control.

Website amendments such as changes to text, images and contact information shall be included as part of each package, the duration of which is stated in the package description. These inclusive amendments are subject to fair usage. If, for whatever reason, the customer’s use of this clause is excessive then Energy Media Limited has the right to evaluate the clients spend and amend the amount on their next billing cycle. Requests that fall outside of what is considered to be a basic amend, such as new pages, re-branding or additional functionality will be treated as a bespoke auxiliary service and will be quoted and billed as such. In the event that a website fault occurs as the result of amendments made by the customer, a request may be made to Energy Media Limited to rectify the fault and will be quoted and billed based upon our standard agency fees.

Contract Duration / Cancellation

All website accounts are agreed on a rolling monthly contract, for a minimum of 24 months. Requests of account cancellation must be done in writing by emailing [email protected] Accounts will be cancelled and direct debit agreements terminated. If your direct debit fails and payment is not received within 7 days your account will be terminated unless you have notified us of any issues and we have agreed otherwise. Account cancellation will result in the complete termination of the website. Your website will be held on our servers for 3 months in case you decide to reinstate your website in the future.

Search Engine Optimisation

Energy Media Limited use ethical ‘white hat’ search engine optimisation techniques and takes no responsibility for loss of traffic or rankings associated with third party SEO companies or software. While it is accepted that the methodology applied by Energy Media Limited is an effective one, Energy Media Limited does not hold any control over search engine rankings and therefore cannot guarantee any specific results. Furthermore, Energy Media Limited cannot dictate or predict changes in search engine practices that may cause loss of positioning.

Contract Duration / Cancellation

SEO accounts shall be placed on a rolling monthly contract. Requests of account cancellation are to be sent in writing to [email protected] Account cancellation will result in the complete termination of all continuing SEO services. However, all SEO techniques applied throughout the customers term with Energy Media Limited will remain in place.

Charges & Payments

All payments to Energy Media Limited for provision of services will be processed via pre-authorised Direct Debit. Alternative payment methods are accepted at the sole discretion of Energy Media Limited and may incur additional processing or administrative fees.

Without prejudice to any other right or remedy that Energy Media Limited may have, if the Customer fails to pay Energy Media Limited on the due date Energy Media Limited may:

  • Suspend all Services until payment has been made in full.
  • If the customer’s account remains in debt for two consecutive months then a £50 late payment fee will be added to the customer’s outstanding balance

Governing Law

This contract will be governed exclusively by the laws of United Kingdom and the British Isles.

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