Definition of our terminology as used within this document:
- A ‘Project’ is any work undertaken or service provided by Silver Marbles Ltd for the Client on their request and as described in our confirmation order email to that Client.
- A ‘Client’ is a person, persons, business or organisation using any of the services provided by Silver Marbles Ltd.
- ‘Live’ means the date that the website is available on the Client’s chosen domain.
- ‘Domain’ is the website address as specified by the Client.
- ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
- ‘Third Party Software’ is any software not developed by Silver Marbles Ltd.
- ‘Web Hosting’ is a yearly cost to help keep a Client’s website active and ‘live’ online.
- ‘Content’ is text, video and images that the Client requires on the website.
Silver Marbles (UK) Ltd Terms and Conditions
1.) The contract between Silver Marbles (UK) Ltd and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2.) The works to be carried out shall be set out in the quotation from Silver Marbles (UK) Ltd and sent via email. An email reply from the Client wishing to proceed with the works will be used as the order confirmation. If the Client requests any work that is not specified on the quotation this work is treated as extra work and is chargeable.
3.) Email will be the method of contact with regard to all communication regarding billing. Although Silver Marbles (UK) Ltd can be contacted by telephone, post and email, we will use email as our method of billing communication and therefore it is the Client’s responsibility to inform us of any change in email address so that we always have up-to-date email contact details. Silver Marbles cannot be held liable in any way relating to billing communication issues if the Client has not acted on these email notifications.
4.) Silver Marbles (UK) Ltd will only commence work on a Project after receipt of a non-refundable 33% deposit of the quoted Project fee from the Client. Silver Marbles (UK) Ltd will then invoice a further 33% of the total when Silver Marbles (UK) Ltd deems that the project is 2/3rds of the way through. The final 34% payment is to be made on completion of the work and will be invoiced by Silver Marbles (UK) Ltd when the website is ready to be made ‘Live’. The website will be switched to ‘Live’ once the Client’s remaining balance is paid in full. If the Client has any invoices that remain unpaid 30 days after invoice due date, Silver Marbles (UK) Ltd maintains the right to suspend or terminate any or all of the clients services and will add a late fee of £10 to any unpaid invoices. (Note hosting will automatically be suspended after 30 days until payment has been received, Silver Marbles (UK) Ltd has no control over this, it is the Client’s responsibility to pay due invoices).
5.) The deposit paid to Silver Marbles (UK) Ltd covers the cost of design work carried out as well as any administration work and communication with Silver Marbles. The deposit is non-refundable under any circumstances.
6.) Silver Marbles (UK) Ltd shall expect the Client to carry out sufficient research in terms of legality before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Silver Marbles (UK) Ltd is in no way responsible for anything that appears or does not appear on any of our Clients websites, its legality or otherwise, it is up to the client to ensure their website displays both legal and correct information.
7.) It is important for the Client to keep in contact with Silver Marbles (UK) Ltd throughout the entire Project. If a Client does not make contact after we have emailed them, we will wait until they do. If after repeated attempts by us to make contact the Client has not responded the Project may be terminated, and the deposit will not be refunded.
8.) Where images used on the website have been purchased by Silver Marbles (UK) Ltd on behalf of the Client, these images are strictly for use on the website only. Silver Marbles (UK) Ltd is not liable for misuse of these images by the Client or any other persons copying, altering or distributing the images to individuals or other organisations.
9.) Silver Marbles (UK) Ltd will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Silver Marbles (UK) Ltd will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times or that Hosting will run at any particular level of quality, especially in the event of a technical failure beyond our control. It is the Clients responsibility to notify Silver Marbles (UK) Ltd if they notice any issues with Hosting, at which point Silver Marbles (UK) Ltd will endeavour to correct any issues. Silver Marbles (UK) Ltd cannot be held responsible for any problems that might arise for the client due to any Hosting issues and are not obliged to fix any issues within any particular timeframe.
10.) Silver Marbles (UK) Ltd cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of any service offered or not offered by Silver Marbles (UK) Ltd (including any suspended services due to non-payment of due bills). It is the Clients responsibility to check thoroughly the functionality and usability of any software developed for the Client. It is the Clients responsibility to alert Silver Marbles (UK) Ltd of any issues that the Client may want rectifying. If any issues or bugs are found by the Client in the software that has been developed for them by Silver Marbles (UK) Ltd and Silver Marbles (UK) Ltd believe that there is a genuine issue with the software then Silver Marbles (UK) Ltd will endeavour to fix said issues without charge assuming these issues are not due to any third party software and are in software that has already been paid for in full. Note that Silver Marbles (UK) Ltd makes no guarantee about fixing any issues that the Client may have with the software without charge and makes no guarantee of any time-scales in which to provide any fixes. Silver Marbles (UK) Ltd does not guarantee that any issues with software that the Client wants rectifying will not incur a charge to the Client if Silver Marbles (UK) Ltd deems it necessary. Silver Marbles (UK) Ltd cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of any issues with any software that Silver Marbles (UK) Ltd has developed for the Client.
11.) Where asked to provide search engine optimisation for a Client, Silver Marbles (UK) Ltd cannot and do not guarantee any specific placement or high ranking on search engines.
12.) Silver Marbles (UK) Ltd will provide the Client with an expected completion date for the Project (live on the internet) if requested. Silver Marbles (UK) Ltd will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date.
13.) If the Client wishes to use any Open Source Software or Third Party Software, it is the Client’s responsibility to address their concerns to Silver Marbles (UK) Ltd prior to website development commencing. Silver Marbles (UK) Ltd is not responsible for any functionality or lack of within Open Source Software or Third Party Software. (We do not recommend the use of Open Source Software except WordPress and Open Cart)
14.) If the Client wishes to use any Open Source Software then the Client shall not be charged for Open Source Software, only Silver Marbles (UK) Ltd’s time in installing/customising/modifying said software. If there is a charge for a website using Open Source Software, the Client is paying for the installation and customisation time. Open Source Software is not owned by Silver Marbles (UK) Ltd or the Client. (We do not recommend the use of Open Source Software except WordPress and Open Cart.)
15.) Silver Marbles (UK) Ltd owns all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software or Third Party Software is used. Images will have been purchased by Silver Marbles (UK) Ltd for the Client, unless the images have been supplied by the Client.
16.) All images displayed on the Client’s website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Silver Marbles (UK) Ltd, they will be the sole responsibility of the Client.
17.) Domain names will be registered by Silver Marbles (UK) Ltd and also registered to the Silver Marbles (UK) Ltd current address. Although the domain names are registered to Silver Marbles (UK) Ltd, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Silver Marbles (UK) Ltd will do this within a reasonable timeframe.
18.) A domain name will be registered by Silver Marbles on behalf of the Client once we have received the 33% deposit or the domain name has been paid for in full by the Client.
19.) It is the responsibility of the Client to renew their domain names when due. The Client will be notified 3 times by email when their domain is due for renewal. If the Client allows a domain name to expire Silver Marbles (UK) Ltd cannot be held liable for this and will not pay any costs associated with retrieving this domain, the client is responsible for all costs associated with retrieving a domain if it is allowed to expire.
20.) It is the responsibility of the Client to renew their Web Hosting when due with Silver Marbles (UK) Ltd. The client will be notified 3 times by email when their hosting is due for renewal. If the Client does not pay for their hosting when it is due, hosting will be automatically suspended. Silver Marbles (UK) Ltd cannot be held liable for any issues that the Client may encounter with their Website when the Client has not paid due Invoices.
21.) Renewal of Web Hosting is due on a yearly basis (paying monthly is an option if desired). The date of renewal will be monthly from the date the website was ordered by the Client. The Web Hosting will not be renewed if the client does not pay their invoice when due and will be automatically suspended. The Client will be notified 3 times when their hosting is due. Silver Marbles (UK) Ltd cannot be held liable for any issues that the Client may encounter with their Website when the Client has not paid due Invoices.
22.) The Web Hosting renewal charge must be received within 10 days of the Web Hosting due date. Silver Marbles (UK) Ltd reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There may be an additional admin fee set by Silver Marbles (UK) Ltd for reactivating the website/Web Hosting.
23.) If the Client does not use Silver Marbles (UK) Ltd Hosting or Domain services, then the management and Hosting of the Domain name are the full responsibility of the Client.
24.) Silver Marbles (UK) Ltd has no control over, or responsibility for, the content of Client’s website. In no way does the textual or image based content of our Clients websites constitute Silver Marbles (UK) Ltd endorsement, or approval of the website or the material contained within the website. Silver Marbles (UK) Ltd has not verified any of the materials, images or information contained within our Clients websites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. Silver Marbles (UK) Ltd provides links or references to our Clients websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
25.) Silver Marbles (UK) Ltd is not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.
26.) If a Domain name is purchased by the Client through a company other than Silver Marbles (UK) Ltd, the Client has full responsibility in making sure that the domain name is renewed when due. Silver Marbles (UK) Ltd will not renew the Domain name when annual Web Hosting renewal is due if the Domain name is purchased through a company other than Silver Marbles (UK) Ltd.
27.) Silver Marbles (UK) Ltd makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Silver Marbles (UK) Ltd Refund Policy
Web Design and Development Refunds Policy
If an initial deposit is requested and paid, no refund will be given if the Client backs out or decides not to proceed, unless work has not yet started. Once work has been completed according to the agreed schedule, the remaining balance (or full balance if no deposit required) will be due. Due to the close and constant communication between Silver Marbles (UK) Ltd and the Client during the design process and the time taken by Silver Marbles (UK) Ltd produce the design and programming required for a project, no refunds can or will be issued for any completed work.
Web Design and Development Warranty Policy
All programming works done by Silver Marbles (UK) Ltd, are covered by our 30 day warranty. After the go-live date of the Client’s website, Silver Marbles (UK) Ltd shall cover the website from any defects and bugs for a period of 30 days. If after this time any defects or bugs become apparent it is up to Silver Marbles (UK) Ltd’s sole discretion as to whether any new issues shall be corrected free of charge or not. Silver Marbles (UK) Ltd offers no warranty of any kind on any Third Party Software or Open Source Software used. If any of Silver Marbles (UK) Ltd’s software is affected by any changes in any Third Party Software or Open Source Software that it is interacting with after go-live date, it is not the responsibility of Silver Marbles (UK) Ltd to correct any issues. It is up to Silver Marbles (UK) Ltd’s sole discretion as to whether any new issues caused by Third Party Software shall be corrected free of charge or not. Silver Marbles (UK) Ltd cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of any bugs with any software that Silver Marbles (UK) Ltd has developed or installed for the Client.
Web Hosting Refunds Policy
Clients may choose to cancel their account at any time. Payments are made 1 (one) month/year in advance for all Web Hosting services.
No refunds are given for previous months/year Web Hosting.
If an account is terminated by us for any reason, including breach of our Terms of Service and/or Acceptable Use Policy, no refund will be issued.
Domain Registration/Renewal Refunds Policy
All domain name registrations and renewals are final. No refunds are given on successful domain registrations or renewals.
In common with most websites, this site automatically logs certain information about every visitation made. This information is used for system administration, for bug identification, and for producing web usage statistics. The logged information may be kept indefinitely.
Below is a list of the data collected:
The name or network address of the computer making the request. Note that under some (but not all) circumstances it may be possible to infer from this the identity of the person making the request. Note also that the data recorded may be that of a web proxy rather than that of the originating Client;
- The username, when known during authenticated (logged in) access to the site;
- The date and time of connection;
- The HTTP request, which contains the identification of the document requested;
- The contents of the HTTP Referrer header supplied by the browser;
- The content of the HTTP User-Agent header supplied by the browser;
- The status code of the request (success or failure etc.);
- The number of data bytes sent in response;
Logging of additional data may be enabled temporarily from time to time for specific purposes. In addition, the computers on which the website is hosted keep records of attempts (authorised and unauthorised) to use them for purposes other than access to the web server. This data typically includes the date and time of the attempt, the service to which access was attempted, the name or network address of the computer making the connection, and may include details of what was done or was attempted to be done.
Links to external websites
Collecting your personal information
Occasionally Silver Marbles (UK) Ltd collects personal data via online forms. All Client data collected by Silver Marbles (UK) Ltd will only be used for Client communication by Silver Marbles (UK) Ltd. You may periodically receive promotional emails, as they may be considered an essential part of the service you have chosen with Silver Marbles (UK) Ltd. You will be able to choose to unsubscribe to these mailings.
Silver Marbles (UK) Ltd does not tolerate spam and will never sell, rent, lease or give away your information (name, address, e-mail, etc.) to any third party. Nor will we send you unsolicited e-mail.
Access to your personal information
Silver Marbles (UK) Ltd provide a client payment and support system, to offer you a high quality support service, and will provide you with the means to ensure that your personal information is correct and current.
Do not share your login details with anyone, as these areas contain personal information. Silver Marbles (UK) Ltd cannot be held responsible for data if personal login details have been passed to third parties.
When someone visits our site or client payment and support system, a cookie is stored on the Client’s machine (if the client accepts cookies) or is read if the Client has visited the site previously.
Credit Card data
Silver Marbles (UK) Ltd do not capture, store or even view any credit card details at any time, payments made online are made through our Third Party payment gateway Pay Pal and through their secure servers. Please view the Pay Pal (www.paypal.com) website to view their security policy.
Last Updated: 15th December 2011
Silver Marbles (UK) Ltd Contact Information
Silver Marbles (UK) Ltd
24 Green Moors
Telephone: (0)1952 240 430
Fax: (0)1952 214093