Terms and Conditions

1. Definitions
In these terms and conditions:
The "Company" means LikeToHelp Ltd.
The "Client" means the person or entity which has agreed to purchase goods and services from the Company.
The "Project" means the project that the Client has instructed the Company to carry out pursuant to the agreement, including development and maintenance of the Client's website.
The "Agreement" means the overall agreement between the Company and the Client in relation to the Project including these terms and conditions.
The "Referrer" means the person who has referred the "Client" to the "Company" for the purposes of carrying out the "Project" in relation to the "Agreement".

 

2. Acceptance
These terms and conditions take precedence over each conflicting term and condition which may be put forward by the Client at any time. These terms and conditions are available on the Company's website and should be viewed by the Client prior to entering into the Agreement. Upon entering in the Agreement, the Client confirms that it has read these terms and conditions and accepts them in their entirety.

 

3. Scope
The Client and the Company have agreed the basic scope and nature of the Project prior to entering into the Agreement. The scope of the project is defined in its entirety in the Companies Specification document. Any changes to the scope and/or nature of the Project after the agreement has been entered into shall be agreed by both the Client and the Company with evidence in writing and maybe chargeable at an additional cost agreed between the Client and the Company. The Company reserves the right to alter the agreed price to reflect the changes in scope and/or nature of the Project.

 

4. Content

4.1 The Company reserves the right to control and restrict any content on the Client's website and shall have sole discretion to delete and remove, without advance notice, any information deemed by the Company as illegal, tortuous, false, misleading, fraudulent, libelous, immoral, offensive or otherwise not in conformity with the policies and style of the Company. The Client acknowledges that the Company may unilaterally write or re-write reasonable rules and regulations necessary for the orderly operation of the website on the Internet and that the Client will be bound accordingly.

4.2 Although the Client shall have the right to approve the design, content and links to and from the Client's website, the Company assumes no responsibility to do so. The Client agrees to be solely responsible for the content of its website and the accuracy of all information provided therein. The Company reserves the right to include a reference to the Company on the Client’s website.

4.3 With the exception of trademarked, copyrighted or other proprietary information regarding pictures, images and logos that directly identify the Client, the Client grants to the Company an indefinite, irrevocable, royalty-free, unrestricted right to use, transfer or modify and maintain content prepared by the Company on the Client's website. The Client represents and warrants that:
(a) the use; as contemplated by the Agreement, of the material supplied by the Client shall not infringe any copyright, trademark, trade secret or third party proprietary right;
(b) there is no impediment to the Client's performance of its obligations hereunder.

 

5. Marketing
The Company does not guarantee high search engine ranking of the Client’s Project. The Company will endeavour to achieve the highest possible ranking if the Client has specifically instructed the Company to do so and paid the fees related to the specific search engine optimisations. Achieving a listing on the first page of Google is subject to the competitiveness of the keyphrases used in the Client's website.

 

6. Timescales
Website design, production, testing and deployment timelines are dependent upon Client input and approvals at each stage of the development process. Without this input Project times may vary and the Client will accept these accordingly.

 

7. Company Interests
The Client acknowledges and agrees that the Company may provide websites to other persons or businesses including those in the same or similar line of business as the Client.

 

8. Termination
In the event of default under this Agreement, the Company shall have the right to terminate the Agreement and to remove the Client's website from the Internet. The Client shall have no right to a refund of any kind and will be responsible for all costs and fees incurred by the Company in connection with Client's breach of this Agreement. In the event of the Client terminating the agreement before Project completion, the Client shall pay the Company 50% of the total agreed Project cost to cover work undertaken by the Company.

 

9. Costs
The Client shall pay for the work, including all the website design, development, testing and deployment costs as specified in the Agreement.
This shall include:

· A non-refundable fee of 30% of the total project cost is to be paid by the Client to the Company upon execution of the Agreement by the Company.
· A non-refundable fee of 30% of the total project cost is to be paid by the Client to the Company upon the release of the website into Client proofing.
· The remaining fee of 40% of the total project cost is to be paid by the Client to the Company once the website is live and the Project is complete.
· Any annual hosting fees are payable by the Client to the Company upon signing and return of the Agreement by the Client to the Company.
· Annual charges relating to SSL certificates is payable to the Company one month in advance of the first month when the SSL certificate comes into force.

Any amendments or extra functionality above and beyond that agreed in the Requirement Specification are chargeable at an additional cost agreed between the Company and the Client. This is payable in full upon project completion.

 

10. Liabilities

10.1 The Client agrees to hold the Company and its agents harmless from and against any and all claims and damages, expenses or liability that arises from or in connection with the Client's website, content or activities, including but not limited to, any solicitor fees incurred by the Company. The Client at its own cost and expense shall defend any and all actions, which may be bought against the Company. The Client's failure to perform under the terms of this paragraph shall be deemed a waiver of any and all claims, demands and remedies, or cause of action, including specific performance, which the Client might otherwise have against the Company and its agents, which under no circumstances will be liable for lost profits, lost opportunities, indirect, incidental or consequential damages for the Client.

10.2 In no event shall the Company and its agents be liable to the Client for damage, whether direct, indirect, consequential, exemplary and punitive or otherwise, arising out of any service provided or arranged by the Company. The Company shall not be liable for any error, omission, defect or deficiency in any service, which results from the Client's failure to provide complete, accurate and current information to the Company. Under no circumstances shall the Company and its agents be liable to the Client for any Internet interruptions beyond the Company's control, including without limitation, any downtime regarding computer services or interruption of Internet service providers.

10.3 This Agreement shall be interpreted and construed under the laws of England. The parties agree that during any action taken in England, the parties do hereby waive all questions of personal jurisdiction or venue for the purpose of carrying out this provision.

 

11. Intellectual Property Rights
All intellectual property and industrial property rights throughout the world in patentable and non patentable inventions, source code and components, discoveries and improvements, processes and know-how, copyright works and the like discovered or created by the Company in the course of or as a result of the discharge of obligations under the Agreement shall vest in and be the absolute property of the Company.

 

12. Uses of Information
The Client agrees that the Company and its affiliates may collect and use technical information gathered as part of the product support services provided to the Client, related to the Project. The Company may use this information solely to improve its products or to provide customized services or technologies to the Client and will not disclose this information in a form that personally identifies the Client.

 

13. Data Backups
Unless agreed otherwise, data backup’s will be made on a monthly basis by the Company on behalf of the Client as part of the Agreement. The Client agrees to hold the Company and its agents harmless from and against any and all claims and damages, expenses or liability that arises from any loss of data or loss of business as a result of loss of data. The Company shall not be obliged too but will attempt to restore data from one of the monthly backups. This may result in some loss of Client data but the Client shall no way hold the Company responsible in these circumstances.

 

14. Referrals and Commissions
The Referrer shall receive £50 commission for every Project upon successful completion of the Project by the Company on behalf of the Client.
The Company will monitor this offer on an on-going basis and reserves the right to modify, suspend, or cancel the program at any time and for any reason during the duration of this Referral program.

 

15. Hosting
We cannot guarantee that the Companies system and the Clients website will work on hosting solutions other than that recommended and provided by the Company. If the Client wishes the Company to use another hosting solution other than that recommended by the Company, the Company will consider this as long as that hosting solution supports .NET v3.51 and WSE. The Company reserves the right to refuse Client requests to use hosting companies not approved by the Company.

 

16. Testing
Websites will be tested in Internet Explorer 7 and 8, Google Chrome and Mozilla Firefox 6 on Windows platforms only. Testing that is required by the Client in browsers or operating systems other than those mentioned will be chargeable at additional cost agreed between the Client and the Company. This is payable by the Client to the Company in full upon Project completion.

 

16. Designs
Upon the Client choosing a design from the Company library of designs, the Company agrees to update the following within the price of the chosen package:

· The Clients logo can incorporated into the design as long as it is the same dimensions as the example logo within the chosen design.
· Font styling including the font face and colours can be updated to the Clients choosing.
· Hyperlink styling can be updated to the Clients choosing.

Any additional design updates required by the Client maybe chargeable at a cost agreed between the Client and the Company.