These terms and conditions tell you information:
• about us;
• the use of our site www.directaccesswebsites.co.uk (“our site“); and
• the legal terms and conditions (“Terms“) under which we design, develop and host websites for business customers via our site.
These Terms will apply to any contract between us for the design and development of a website for direct access barristers and the provision of Hosting and Maintenance Services (as defined below) (“Contract“). Please read these Terms carefully and make sure that you understand them, before placing an order with our site. Please note that by ordering a website, you agree to be bound by these Terms and the other documents expressly referred to in these Terms.
We amend these Terms from time to time as set out in clause 7. Every time you visit the site and/or wish to place an order, please check these Terms to ensure you understand the terms, which will apply at that time. These Terms were most recently updated on 18 November 2013.
These Terms, and any Contract between us, are only available in the English language.
1. Information about us
1.1 We are Uncoated Design Limited, a company registered in England and Wales under company number 06425186. Our registered office and principle place of business is at Bristol & Exeter House, Lower Approach Road, Temple Meads, Bristol, England BS1 6QS. Our VAT number is 978850944. We operate the website www.directaccesswebsites.co.uk.
1.2 To contact us, please see our Contact Us page.
2. Use of the site
2.1 Your use of the site is governed by these Terms. Please take time to read these, as they include important terms, which apply to you.
3. Our site and our service
3.1 Our site is aimed at showcasing your services, commitment and professional achievements at an affordable price. Our site enables you to choose from a variety of website designs which you can customise by choosing colour schemes from a range available and populating the website with your own copy and/or images (“website“). This is an easy 4-step process, which can be completed in one go, or saved and completed at a later date. These steps involve:
3.1.1 STEP 1. Browse and select your template design.
3.1.2 STEP 2. Select your colour scheme.
3.1.3 STEP 3. Enter your preferred domain name.
3.1.4 STEP 4. Upload your copy and/or images (“content”) in your own time.
3.2 You will be required to register your name and email address before Step 4 this is so that we can save your preferences to enable you to stop and restart or change your website design during the 4 step process.
3.3 Subject to 3.9, you will be required to pay the fees stated below at Step 3 to enable us to secure your preferred domain name.
3.4 You are then able to upload your content for use on the website in your own time. Once you have completed Step 4 you will be asked to “save” your content and confirm that this is ready to be included within the website. Once you have pressed “save” we are unable to make any more changes to your content before the website goes live on the internet, so please make sure you are happy with all of the content you have uploaded. Once the website has gone live on the internet (see below) you will be given a new log in so that you can make changes to the content and manage the content of your website whenever you wish.
3.5 Once we have received your “saved” content as stated in 3.4 above and your requested domain name is available in accordance with 3.9, we begin customising your design immediately to ensure we have your website online in 10 Working Days. Working Days means: any day in which the banks in London are open for business but excluding a Saturday, Sunday, Christmas Day, Good Friday or any other national or public holiday in the UK (“Working Days”).
3.6 We have a dedicated support team who are able to help your with queries or questions regarding the Step 4 process. Support is provided on a “fair use” basis. Fair use means a reasonable amount of support requests based on the fees paid and the services being provided and no more than 5 requests for help or support. We reserve the right to charge for any requests in excess of this level at our standard hourly rate.
3.7 Once your website has gone live on the Internet our development team will look after your website by regularly performing backups, security checks and upgrades, taking the stress out of website management (“Hosting and Maintenance Services”). We have carefully selected an experienced third party, a company called A Small Orange, to host your website on our behalf. The terms on which we provide hosting of your website shall be the terms which we received from A Small Orange. These can be reviewed at http://asmallorange.com/terms/.
3.8 The images and profiles on the website are provided by you. Examples of colours on our site are for illustrative purposes only. Although we have made every effort to display the colours and design accurately, your website (especially the layout of the text, images and profiles and the colours of the website) may vary depending on the browser which you use. We are not responsible for any changes or differences to the website caused by using different browsers or by browser settings.
3.9 The domain names selected at Step 3 are subject to availability. We do not guarantee that the search facility for domain names at Step 3 is accurate, as this is based on information from third party agencies, and may not be up to date. If, as in most cases, the domain name you have requested is available, we will process your order without further notice to you. However if the domain name you have requested is not available, we will inform you by e-mail as soon as possible and we will not process your order until an alternative domain name is requested by you and the alternative domain name requested is available. We will contact you to help you select an alternative domain name. Once you have selected an alternative domain name, we will process your order for that alternative name without further notice to you.
3.10 We do not carry out any checks or reviews of the content, which you make available at Step 4; as such you are wholly responsible for the accuracy of the content, which you save.
4. How the Contract is formed between us
4.1 You will be required to place an order for the design and development of the website at Step 3. Our order process (and specifically the upload of content at Step 4) allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. We will confirm our acceptance of your order by email. Once your order has been accepted by us in an email, your website will be completed in accordance with paragraph 3.5. If we are unable to accept your order for any reason, you will be notified by email. The Contract between us will only be formed when we send you an email acceptance of your order.
4.2 Your order for the website design and build includes one month of Hosting and Maintenance Services.
4.3 Your order will include the option to subscribe on an on going basis to the Hosting and Maintenance Services (i.e. to commence after the first month following the website going live). Please be aware that if you don’t subscribe to this your website will not be available on the internet after the first month and you will be treated as if you have terminated the Hosting and Maintenance Services and the terms of paragraph 16 (Termination) will apply.
5. How we use your personal information
6. Your obligations
6.1 You confirm that you have authority to bind any business on whose behalf you use our site, including any business/barrister who is referred to in the website content provided by you.
6.3 You may only use our site, and in the event you make an order, the website for lawful purposes.
6.4 You must ensure the website and all content supplied for use on the website complies at all times with the hosting providers terms set out at http://asmallorange.com/terms/ as if you were a party to that agreement.
6.5 Without limitation to the above, you may not use our site, any website or provide any content to either our site or the website which:
6.5.1 in any way that breaches any applicable local, national or international law or regulation;
6.5.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
6.5.3 is for the purpose of harming or attempting to harm minors in any way;
6.5.4 infringes our content standards set out below;
6.5.5 constitutes the transmission or sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
6.5.6 is or could cause viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware including the site or the website.
6.6 You also agree:
6.6.2 not to access without authority, interfere with, damage or disrupt:
188.8.131.52 any part of our site or the website;
184.108.40.206 any equipment or network on which our site or the website is stored;
220.127.116.11 any software used in the provision of our site.
6.6.3 to indemnify and hold us harmless for any costs, losses, damages, fees or otherwise caused or incurred as a result of your breach or non performance of your obligations under these Terms and/or the Contract.
These content standards apply to any and all content which you contribute to our site or the website once it has gone live (such as copy, domain names and images) (“contributions”).
You must comply with the spirit of the following standards as well as the letter of such standards. The standards apply to each part of any contribution as well as to its whole.
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted or in which they could be viewed.
Contributions must not:
• Contain any material, which is defamatory of any person.
• Contain any material, which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, patent, database right, trademark or other intellectual property rights (including moral rights) of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty, duty of confidence or court order.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
7. Our right to vary these terms
7.1 We may revise these Terms from time to time.
7.2 Every time you place an order with us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by changing the date of these terms and conditions and showing when they were last amended.
8. Delivery/Completion of the website
8.1 Your order for a website will be fulfilled in accordance with paragraph 3.5, unless there is an Event Outside Our Control. If we are unable to meet the completion date because of an Event Outside Our Control, we will contact you with a revised estimated completion date.
8.2 Delivery will be completed when we make the website live, i.e. it is available on the Internet. This will be confirmed to you in an email which will also give your new log in details to the website so you can make changes to the website going forwards.
9. Domain Names
9.1 Once you have selected a domain name, which is available via Step 3, we will purchase the selected domain name (“Domain Name”) . The Domain Name will be available for use in conjunction with the website provided you continue to pay for the Hosting and Maintenance Services without interruption. If you terminate or fail to pay for the Hosting and Maintenance Services then you will be unable to use the Domain Name for the website and the website will no longer be available on the internet. You should be aware that in these circumstances, we couldn’t guarantee that the Domain Name will be available again. Further we may not be able to transfer the Domain Name in accordance with paragraph 10.3.
10. Intellectual Property Rights
10.1 All intellectual property rights in and to the site, the copy and images on the site and the website developed for you pursuant to any Contract (excluding your content) shall be owned by us and all rights therein are reserved to us in full.
10.2 All intellectual property rights in and to the content which you provide for use on the website shall be owned by you, save you grant to us a limited non-exclusive license to use the content for the performance of our obligations under any Contract.
10.3 All Domain Names shall be purchased and registered to us. Should you wish to terminate the Hosting and Maintenance Services in accordance with these Terms you must give advance notice in accordance with paragraph 16.1. Provided you have complied with paragraph 16.1 we shall use reasonable endeavours to arrange for the Domain Name to be transferred to you for an agreed fee, within 28 Working Days from the date of your notice.
11.1 The cost of the design and development of the website is £500 plus VAT. This includes one month Hosting and Maintenance Services. You can see what else is included in this fee here.
11.2 The cost of the on going Hosting and Maintenance Services is £25 plus VAT per month, payable monthly in advance. You can see what is included in the Hosting and Maintenance Services here.
11.3 The cost of an integrated blog space within the website is £35 plus VAT. You can see what is included in the blog space here.
11.4 These costs may change from time to time, but changes will not affect any order, which we have confirmed by email.
12. How to pay
12.1 You can pay for the website design and development and the Hosting and Maintenance Services via Paypal.
12.2 Payment for the Products and all applicable delivery charges is in advance.
13. Our liability
13.1 We only supply the website for your use, and you agree not to assign, license, sublicense or sell the website for any purposes. Our liability is only to the party named in our order acceptance email, which forms the Contract.
13.2 Subject to your compliance with the Terms and the Contract, in the event the website fails to be available after go live in accordance with paragraph 14 of the http://asmallorange.com/terms/ (which aims for 99.9% uptime as defined therein), you must give us notice as if you were a party to the http://asmallorange.com/terms/ contract (i.e. by the 10th day of the following month in which the SLA violation occurs) and we shall provide an identical pro-rata discount against future Hosting and Maintenance Services as we receive from A Small Orange. Note in calculating the pro-rata amount, the discount only applies to your website where we have multiple websites hosted by A Small Orange. Any discount can only be applied against future Hosting and Maintenance Services and cannot be used as a refund. This shall be our sole liability and your sole remedy for breach of the Hosting and Maintenance Services.
13.3 Nothing in these Terms limit or exclude our liability for:
13.3.1 death or personal injury caused by our negligence;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
13.3.4 defective products under the Consumer Protection Act 1987.
13.4 Subject to clause 13.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
13.4.1 any loss of profits, sales, business, or revenue;
13.4.2 loss or corruption of data, information or software;
13.4.3 loss of business opportunity;
13.4.4 loss of anticipated savings;
13.4.5 loss of goodwill; or
13.4.6 any indirect or consequential loss.
13.5 Subject to clause 13.3 and clause 13.4, our total liability to you in respect of all losses arising under or in connection with the Contract relating to:
13.5.1 the design of the website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 50% of the amount you have paid to us for the website design (excluding VAT);
13.5.2 the Hosting and Maintenance Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount due under paragraph 13.2 or one month’s fees for the Hosting and Maintenance Services, whichever is the lesser.
13.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the website or the Hosting and Maintenance Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the website is suitable for your purposes.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An ”Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, supplier failures or breaches, network outages, internet unavailability, network downtime, software bugs, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
14.3.1 we will contact you as soon as reasonably possible to notify you; and
14.3.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our completion of the website or provision of the Hosting and Maintenance Services to you, we will arrange an alternative date for delivery/recommencement of the services with you after the Event Outside Our Control is over.
15. Communications between us
15.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
15.2 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15.3 All notices or communication with us should be sent to firstname.lastname@example.org.
16.1 Either party may terminate the Contract on providing no less than one months notice to the other after the website has gone live on the internet. Prior to the website going live, we shall be entitled to terminate the Contract without notice provided we give you a full refund of the fees paid at the date of termination.
16.2 We shall be entitled to terminate the Contract immediately in the event we have reason to believe you will or you have failed to comply with your obligations and/or are in breach of the terms of the Contract and/or these Terms.
16.3 In the event of termination by either party in accordance with paragraph 16.1, if you wish us to transfer the Domain Name to you, you should email us at email@example.com at least 14 Working Days before the termination or expiry of the Contract. There shall be no right to request a transfer of the Domain Name in the event of termination pursuant to paragraph 16.2. Subject to the above, we shall use reasonable endeavours to transfer the Domain Name to you in accordance with this clause and clause 10.3.
16.4 Following termination of the Contract in accordance with these Terms, for the avoidance of doubt, we shall no longer be obliged to provide the Hosting and Maintenance Services which will mean that the website will no longer be available on the internet.
17. Other important terms
17.1 We may transfer, assign or sublicense our rights and/or obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
17.7 These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
You should print a copy of these Terms or save them to your computer for future reference.