Terms & Conditions

Terms & Conditions relating to web design services offered by smallBIZonline

The following terms and conditions apply to all services offered by smallBIZonline. By ordering services from smallBIZonline you are agreeing to the following terms and conditions.

1. We reserve the right to refuse to construct or host 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. Responsibility for the adherence to UK law regarding disabled accessibility rests with the client and not with smallBIZonline. Adhering to accessibility guidelines may involve additional expense depending on a client's requirements.
3. The acceptance of a commission shall be deemed as a contractual agreement between the client and smallBIZonline.
4. smallBIZonline cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.
5. Before work begins on a commission, smallBIZonline requires a deposit from the client. Normally this will amount to 50% of the total cost of the commission.
6. All material, 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 material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
7. The copyright for all material provided by smallBIZonline, such as HTML code, graphics, photographs and text, will remain the property of smallBIZonline until such time as payment has been made in full whereupon they will become the property of the client.
8. smallBIZonline 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.
9. smallBIZonline does not undertake to promote a client's website as part of the design commission. If a client wishes smallBIZonline to promote a web site as a separate commission, smallBIZonline will make every reasonable effort to promote the website effectively but cannot guarantee high placings in search engine results.
10. smallBIZonline 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.
11. smallBIZonline will initially place the client's website on smallBIZonline's server during The Website Development Cycle in order that the client may view and comment upon the website's progress. When both smallBIZonline and the client agree that the website meets the criteria agreed during the commissioning process, smallBIZonline will invoice the client for the full amount due for the commission. On receipt of payment, smallBIZonline will publish the website on the client's server, or provide the source code for the site via a download for the client to upload.
12. If at any point during the Website Development Cycle a client wishes to cancel, they may do so but will be invoiced an amount that smallBIZonline judges to be proportional to the amount of work completed on the commission.
13. If, during the Website Development Cycle, the client does not supply the content required in order to complete the commission within a reasonable amount of time, smallBIZonline will consider that the client wishes to cancel the commission.
14. smallBIZonline expects payment by cheque within 21 days of the date on the invoice.
15. smallBIZonline does not undertake to maintain or update a client's website as part of the design commission. If a client wishes smallBIZonline to maintain or update a web site as a separate commission, smallBIZonline will negotiate with the client a maintenance contract appropriate to the amount of work required.
16. smallBIZonline reserves the right to alter prices at any time without notice. If a client has commissioned any services from smallBIZonline 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.

Terms & Conditions relating to hosting services offered by smallBIZonline

The following terms and conditions apply to all services offered by smallBIZonline. By ordering services from smallBIZonline you are agreeing to the following terms and conditions.

1. We reserve the right to refuse to host 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. smallBIZonline takes no responsibility for any information loaded to our customers accounts or servers - nor do we have a policy of policing clients' web content but if something is brought to our attention which contravenes the above, we reserve the right to remove the offending material and terminate our contract with the offending party without recompense.
2. Certain types of content are not permitted to be hosted on our servers. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.
3. The use of our servers to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.
4. The acceptance of web hosting services shall be deemed as a contractual agreement between the client and smallBIZonline.
5. smallBIZonline is not responsible for any interruption of service, and accepts no liability for any loss of services, sales or any other form of loss due to interruption of service.
6. We reserve the right to refuse to serve the needs of an existing user making inappropriate or unreasonable use of smallBIZonline services. Inappropriate or unreasonable includes, but is not limited to, materials whose nature and/or volume compromises the ability of smallBIZonline servers to serve other users' web presence, unreasonable consumption of disk space, internet link bandwidth, CPU, and memory usage.
   Examples of inappropriate or unreasonable use include, but are not limited to, Chat/IRC, web proxy and mailing list scripts which are not allowed on our servers under any circumstances. Streaming media can be a drain on web server resources and therefore is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications that maintain a constant FTP connection uploading an image at regular intervals is forbidden.
   If you are unsure about content you intend to place on our servers, please check with us before you do. smallBIZonline reserves the right to determine what constitutes acceptable use.
7. The customer will fully indemnify smallBIZonline against liability which may befall smallBIZonline as a result of the customers legal or illegal use of the services.
8. The customer will fully indemnify and hold us harmless from any claims resulting from the use of the service which damages the customer or any other party.
9. Our servers may not be the source, intermediary or destination address involved in the transmission of spam. Spam is considered to be any mass unsolicited message in the mediums of newsgroups and email.
10. We reserve the right to terminate any accounts, at any time, where the user has made inappropriate or unreasonable use of any of smallBIZonline services.
11. smallBIZonline expects payment by cheque within 21 days of the date on the invoice.
12. smallBIZonline reserves the right to alter prices at any time without notice. If a client has commissioned any services from smallBIZonline 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.

Terms & Conditions relating to Total Control offered by smallBIZonline

The following terms and conditions apply to the Total Control Budget, Total Control Professional and Total Control Cart software offered by smallBIZonline. By ordering these services from smallBIZonline you are agreeing to the following terms and conditions.

1. Total Control Budget, Total Control Professional and Total Control Cart are subscription services that consist of a hosting package, appropriate software to run the service and support. This service ceases when a customer ceases to pay the subscription and Total Control software and support are not transferrable to any other hosting package.
   Customers who cease to pay the subscription but wish to retain any content they have inserted into their Total Control package are solely responsible for the retention of any such content and not smallBIZonline.
2. smallBIZonline is not responsible for any interruption of service, and accepts no liability for any loss of services, sales or any other form of loss due to interruption of service.
3. smallBIZonline makes every effort to ensure that Total Control Budget, Total Control Professional and Total Control Cart are error free, however due to the complexity of the software this cannot be guaranteed. Efforts will be made to correct any serious software errors that may be reported to smallBIZonline.
4. smallBIZonline agrees to provide support related specifically to Total Control Budget, Total Control Professional and Total Control Cart via e-mail or telephone within normal office hours.

By agreeing to these terms and conditions your statutory rights are not affected.

smallBIZonline reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions.




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