Terms & Conditions

Introduction

For the purposes of this agreement, 'getyouonline.co.uk' refers to getyouonline.co.uk ltd', a registered UK company, Company No 551 41 71.

This Agreement constitutes the entire agreement between the Customer as an authorised user and getyouonline.co.uk ltd and by using getyouonline.co.uk's services, the Customer accepts, and agrees to be bound by, this Agreement.

Agreement to Terms and Conditions

This Agreement takes effect on the date on which the Customer first uses or tests services provided by getyouonline.co.uk or when the Customer pays for their services (including paying a deposit), whichever is the earliest.

From time to time, it will be necessary to update the terms and conditions and the Customer agrees to be bound by the new terms and conditions by their use of the system after the implementation date for them.

We reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of our computer system(s).

The Customer is responsible for reviewing information regularly posted online in the terms and conditions pages.

Conceptualising

Conceptualising is the process of producing website concepts for Customers. Concepts are not included as standard on our themed website designs. For all other websites a concept will only be included if stated on the website quote/order. A concept will entail the mockup of the home page of the website only and unless previously agreed, only one concept will be produced. Additional concepts may incur an addtional charge. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don't do this we will design the website appropriately but if it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.

Information Provided by the Customer

The Customer warrants that the name, address and payment information that the Customer provides when the Customer first uses any getyouonline.co.uk service is correct, and the Customer agrees to notify getyouonline.co.uk of any changes in name, address and/or payment details.

The Customer agrees that getyouonline.co.uk may disclose the Customer's name and address where there is any complaint about the content of the Customer's pages or in relation to goods or services advertised there.

The Customer warrants that they are at least 18 years of age and that they possess the legal right and ability to enter into this Agreement and to use getyouonline.co.uk's services in accordance with this Agreement.

The Customer agrees to be responsible for the use of getyouonline.co.uk and to comply with their responsibilities and obligations as stated in this Agreement.

Customers Responsibilities with Regard to Copyright

In situations where the Customer provides images, text, animations or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by Getyouonline.co.uk in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material.

The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.

It is the Customers responsibility to supply all images to be used on the website, Getyouonline.co.uk holds no responsibility for any demo images used in the initial design concepts which the Customers chooses to leave on the design and re-use in the final website.

It is Customer's responsibility to ensure that all images used in any design are legal or copyright free. Getyouonline.co.uk ltd will not be held responsible, in anyway, for copyrighted content (text, images, videos etc) used on the website.

Usage

getyouonline.co.uk will not monitor the contents of the Customer's pages. Files that the Customer uploads to their web pages are subject to withdrawal without notice by getyouonline.co.uk upon complaint about their content where getyouonline.co.uk at their sole discretion deem this necessary.

The Customer warrants the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which they place on their web pages.

The Customer warrants that they are authorised to promote any information which they do so on their web pages (for example if the Customer is providing financial information, that they hold any necessary authorisation under the Financial Services Acts etc).

The Customer agrees to keep secure their getyouonline.co.uk identification, password and other confidential information relating to their account, if they have been supplied with such information.

getyouonline.co.uk cannot guarantee that the system will never be infiltrated by unauthorised users. The Customer's data may not be secure against such infiltration and the Customer assumes that risk. If the Customer finds evidence of infiltration, please inform getyouonline.co.uk and steps will be taken both to try and prevent it and to notify the proper authorities.

The Customer is personally responsible for the use of their account and the secrecy of their password. If the Customer is a corporate user then the company is also responsible, together with the individual using the account. In addition, the Customer is deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using the correct account ID and password. The Customer must also inform getyouonline.co.uk immediately if someone steals their password or if they find someone else is using their ID. The Customer agrees to co-operate with getyouonline.co.uk and the police concerning any legal action taken arising from the misuse of the Customer's account by anyone else.

The Customer is entirely responsible for the content of their web pages. The Customer may not, under any circumstances, use getyouonline.co.uk to do any of the following:

• Publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information
• Threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of others
• Engage in illegal or unlawful activities;
• Make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the Customer owns or controls the rights thereto or have received all necessary consents;
• Make available / upload files that contain a computer virus or corrupted data;
• Falsify the source or origin of software or other material contained in a file that the Customer makes available on their web pages;
• Act, or fail to act, in the Customer's use of the web pages, in a manner that is contrary to applicable law or regulation. The Customer is entirely responsible for any civil or criminal liability which is incurred as a result of their use of the web pages.

If the Customer posts a defamatory / libellous message, it is the Customer that publishes it and the Customer who will be liable for the consequences of it. The Customer will also be liable for getyouonline.co.uk's reasonable legal costs incurred in defending any defamation or libel action caused by the Customer's page content and the Customer agrees to indemnify getyouonline.co.uk for any damages which are awarded against getyouonline.co.uk by a court of law or which getyouonline.co.uk pays as a result of settling such an action upon Counsel's advice.

The getyouonline.co.uk network may only be used for lawful purposes by the Customer. The Customer acknowledges that getyouonline.co.uk is unable to exercise control over the content of the information passing over the getyouonline.co.uk connection, and getyouonline.co.uk shall not be liable for any posting, transmission or reception of information which infringes any UK law or regulation or which infringes any third party rights. Such posting, transmission or reception is strictly prohibited. getyouonline.co.uk cannot guarantee the availability of the service and reserves the right to suspend or terminate the service at any time.

Hosting Contract

All monthly hosting contracts are for a minimum period of 36 months unless otherwise stated in writing. After the initial hosting period has expired, the hosting contract will continue as a 12 month rolling contract.

All monthly hosting fees must be paid, in advance, by Direct Debit. An active direct debit mandate must be in place at all times of the hosting contract.

All hosting contracts will commence upon the draft website link being sent to the Customer.

Termination

getyouonline.co.uk may terminate the Customer's contract at any time, with or without cause, upon reasonable notice.

Where getyouonline.co.uk terminates the Customer's contract with cause, or the Customer terminates their contract, the Customer will not be entitled to any refund of any unused part of their hosting fees paid.

getyouonline.co.uk expressly reserves the right to terminate or suspend the Customer's contract without prior notice should the Customer fail to comply with these Terms and Conditions or fail to pay an invoice in full as in the stated payment terms as displayed on the invoice or should getyouonline.co.uk deem such action necessary to protect getyouonline.co.uk and in such circumstances getyouonline.co.uk will confirm such termination or suspension by subsequent notice.

The Customer will not be entitled to any compensation whatsoever in the circumstances of termination and getyouonline.co.uk will not be liable for any consequential loss whatsoever in relation to termination of the Customer's account in any circumstances. After termination of the Customer's account, getyouonline.co.uk may, if they deem it applicable, at their sole discretion, post a redirection to any new URL should the Customer desire this.

If a Customer wishes to terminate their service(s) with getyouonline.co.uk they must give a minimum of 30 day’s notice and provide it in writing/email.

If the Customer terminates their hosting contract within the hosting period (12/36 months) they will be liable for all outstanding hosting payments.

In addition, the website, domain(s) and the website source files including all graphics, HTML code, Photos and Text and underlying source code will remain the sole property of getyouonline during the hosting contract. See Intellectual Property for more information.

At the end of the hosting contract, if the Customer wishes to host thier website elsewhere, getyouonline will package up the website files for hosting on a 3rd party platform, excluding any proprietary code (for example the CMS) belonging to getyouonline and provide them in a .zip format. getyouonline charge a minimum fee of £495.00 for his service, depending on the size and complexity of the website.

Contractual Extensions

Orders placed for the conversion, upgrade, redesign or revamping of your website will result in the automatic renewal of your 36 month hosting contract.

Upon making an initial deposit for the conversion, upgrade, redesign or revamping of said website, you agree to the renewal of your current hosting agreement to the 36 month term stipulated above. This renewal will commence upon the draft website link being sent to the Customer.

Use of Material for Advertising

getyouonline.co.uk will not distribute web pages outside getyouonline.co.uk without the Customer's consent but may include information about them in promotional materials and advertising and may make such information available to third parties for promotional or advertising purposes and the Customer agrees that files which they have uploaded to getyouonline.co.uk may be used in such manner and for such purposes.

Charges

The Customer agrees to pay all charges for their use of getyouonline.co.uk hosting services at the prices in effect at the beginning of their contract period or the anniversary thereof. In some cases, an administration charge may apply.

All web pages, scripts, databases, graphics or other digital products created by getyouonline.co.uk remains the property of getyouonline.co.uk until payment for such products is received in full. In certain circumstances getyouonline.co.uk will allow the Customer to have an agreement to use a script owned by getyouonline.co.uk whilst the Customer remains hosted on getyouonline.co.uk servers.

Payment terms are strictly as stated on the invoice, except payments for domain name registrations which must be paid for in advance of getyouonline.co.uk making the registration.

getyouonline.co.uk reserve the right to remove digital content from the Customer's web space or suspend or cease any of the services which coincide with the domain or hosting of the domain (these include (but not limited to) domain management and registration, DNS Management, web hosting, email services, web forwarding, web server statistics and FTP access) if payment is not received on time. When this occurs a minimum charge of £50.00 will be required to have the site reactivated.

getyouonline.co.uk reserve the right to suspend or cease any of the services which coincide with the domain or hosting of the domain (these include (but not limited to) domain management and registration, DNS Management, web hosting, email services, web forwarding, web server statistics and FTP access) if an active direct debit mandate is not in place to pay the hosting fees. When this occurs a minimum charge of £50.00 will be required to have the site reactivated.

Any changes to the Customer's web pages, unless agreed in advance, will incur a minimum administration charge of £50.00 per change.

For the transfer of a domain name hosted with getyouonline.co.uk to another internet service provider a minimum administration charge of £99.00 will be levied, which must be paid before the transfer is completed. Domains that have expired must be renewed and re-registered before being transferred at a charge of £99.00 per domain name.

getyouonline.co.uk reserves the right to change prices or institute new charges for use of getyouonline.co.uk services and products at any time.

Any prices agreed through a formal quotation are valid for 30 days from the date of that quotation.

Payment

Advance Payment (Deposit): An advance of 50% or £500.00 (which ever is the greater) of the total cost of the project is required before work can commence. After work commences this is non-refundable.

Payment terms: Payment is currently accepted by cash, cheque, BACS or credit card in UK Pounds Sterling, unless otherwise agreed. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.00.

Payment of any balance will be due as stated on the invoice. Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of £50.00 will be required to have the site restored.

Late Payment: Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.

Late Payment: getyouonline.co.uk reserve the right to suspend or cease any of the services which coincide with the domain or hosting of the domain (these include (but not limited to) domain management and registration, DNS Management, web hosting, email services, web forwarding, web server statistics and FTP access) if an invoice is not paid before or on the due date. When this occurs a minimum charge of £50.00 will be required to have the site reactivated.

All prices quoted are plus VAT at the current rate.

Future Support:

The website is provided to and accepted by the Customer as a fully functioning, completed work. Getyouonline.co.uk is not responsible for future support. This support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.

Refunds

Refunds will be given solely at the discretion of the Company Management.

Advertising on a getyouonline.co.uk hosted web site

If the Customer advertises or offers to sell goods or services via their web pages, they undertake to provide goods in conformity with any description and warranties made. The Customer agrees to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc.. If the Customer is advertising goods in the course of a trade or business this must clearly be so stated.

Search Engine Promotion

getyouonline.co.uk are not responsible for the Customer's on-going web site promotion. Should the Customer require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.

Cancellation

Should the Customer wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.

Customers wishing to cancel a new/revamp website project at any point before or during the build process will be liable to pay the full build cost of the website project excluding any hosting fees.

Customers wishing to cancel a new/revamp website project after the build process has been completed and the draft website link has been sent to the Customer, the Customer will be liable to pay the full build cost of the website project and any remaining hosting fees for the duration of the contract (normally 36 months)

If a Customer wishes to cancel their service(s) with getyouonline.co.uk they must give a minimum of 30 day’s notice and provide it in writing.

Exclusion of Warranties and Limitation of Liability

getyouonline.co.uk and all getyouonline.co.uk services are provided "as is," and getyouonline.co.uk makes no express or implied representations or warranties to the Customer regarding the usability, condition or operation thereof.

getyouonline.co.uk will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service, however getyouonline.co.uk make no representations or warranties regarding the services provided by them and do not warrant that use of getyouonline.co.uk will be uninterrupted or error-free, or that getyouonline.co.uk services will meet any particular criteria of performance or quality.

getyouonline.co.uk will at all times use best endeavours to attempt to maintain and safeguard the Customer's data on its system however getyouonline.co.uk accept no responsibility for any loss or damage to data or the loss thereof.

getyouonline.co.uk expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.

The Customer's use of getyouonline.co.uk services is at their own risk. The Customer accepts full responsibility for such use and the risk of any loss resulting from their use of the system and the content of their pages. The Customer also accepts full responsibility for safeguarding their own data.

Notwithstanding contrary clauses in this Agreement, in the event that getyouonline.co.uk are deemed liable to the Customer for breach of this Agreement, the Customer agrees that getyouonline.co.uk's liability is limited to the amount actually paid by the Customer for their current hosting contract period (maximum 12 months). The Customer hereby releases getyouonline.co.uk from any and all obligations, liabilities and claims in excess of this limitation.

Responsibility

We are not responsible for anything posted on the system (except by one of our staff) and the Customer agrees by using the system that getyouonline.co.uk will not be liable for any possible damages or losses incurred in connection with the use of the system, even if getyouonline.co.uk have been advised of this possibility and the Customer hereby waives any claims with respect thereto and the Customer agrees to indemnify getyouonline.co.uk and hold getyouonline.co.uk harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of the Customer's actions on the system or materials or information transmitted by the Customer in connection with the system. This means the Customer may have to pay getyouonline.co.uk where claims are made against us or our system by other callers or third parties.

The Customer agrees to indemnify getyouonline.co.uk from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of the Customer's web pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever.

getyouonline.co.uk will notify the Customer promptly of any claim for which getyouonline.co.uk seeks indemnification at the currently supplied address. getyouonline.co.uk will afford the Customer the opportunity to participate in the defence of such claim, provided that the Customer's participation will not be conducted in a manner prejudicial to getyouonline.co.uk's interests, as reasonably determined by getyouonline.co.uk and/or their lawyers.

Notices to getyouonline.co.uk may be sent by the Customer to getyouonline.co.uk's electronic-mail address:

IMPORTANT! Failure to Provide Required Website Content

getyouonline.co.uk are a small business. To remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where we cannot progress your website because you have not provided the required information when you have agreed to do so, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.

If you fail to provide us with the required information within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.

General Terms And Law

getyouonline.co.uk reserves the right to do normal system housekeeping such as creating back-ups AND do not accept responsibility for ensuring back up works - the Customer's data security is their own responsibility.

getyouonline.co.uk cannot guarantee that any Search Engine will index or list any web pages or web sites that are submitted to them by getyouonline.co.uk. getyouonline.co.uk accept no responsibility or liability to the Customer for the actual rankings achieved or how such rankings may vary over time.

getyouonline.co.uk cannot guarantee that the Customer will receive any email, online orders, bookings, visitors, and so forth to their web pages or web site.

If getyouonline.co.uk suspects illegal activity, we may notify the authorities and reserve the right to do anything on the system deemed necessary to protect our system.

The Customer acknowledges that no joint venture, partnership, employment, or agency relationship exists between the Customer and getyouonline.co.uk as a result of their use of getyouonline.co.uk. The Customer agrees not to hold themselves out as a representative, agent or employee of getyouonline.co.uk. The Customer agrees that getyouonline.co.uk will not be liable by reason of any representation, act or omission to act by the Customer.

getyouonline.co.uk's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of getyouonline.co.uk's right to comply with law enforcement requests or requirements relating to a Customer's use of getyouonline.co.uk or information provided to or gathered by getyouonline.co.uk with respect to such use.

Intellectual Property

All Content included on the Customers' website, unless uploaded directly by the Customer, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of getyouonline.co.uk ltd. By continuing to use the website the Customer acknowledges that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

The source code of all website web pages is provided for Customers use on a license basis for single use and remains the intellectual property of getyouonline.co.uk ltd and may not be copied and used by any other party without the consent of getyouonline.co.uk ltd.

Scripts, CSS, Copy/Content and Include Files used within Customer websites remains the intellectual property of getyouonline.co.uk ltd and may not be copied and/or used by any other party without the consent of getyouonline.co.uk ltd.

The stored procedures, functions and triggers programmed in to SQL Databases remain the intellectual property of getyouonline.co.uk ltd and may not be copied and/or used by any other party without the consent of getyouonline.co.uk ltd.

The Customer may not copy, distribute, reproduce, store or in any other fashion re-use material from their website unless given express written permission to do so by getyouonline.co.uk ltd.

getyouonline.co.uk ltd shall be the legal and registered owner of all domain names for starter and mini web sites (splash pages). These domain names will remain the property of getyouonline at all times. These domain names cannot be transferred away from getyouonline.co.uk ltd. Starter and mini web sites (splash pages) are rented to Customers on a 12 month rolling contract. If the Customer does not renew the rental of the starter or mini web sites (splash pages), getyouonline will remove any reference to that Customer from the website.

Severability

If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).

Customer Service Level Agreement

Customers will be able to contact us via telephone during normal business hours, if nobody is available, please leave a voicemail. Both voicemail and email messages will be responded to within 24 hours and we endeavour to resolve all issues within 48 hours.

Nominet UK Domain Name Terms and Conditions

WARNING: by registering a domain name within the .uk Top Level Domain (a “Domain Name”), you enter into a contract of registration with Nominet UK (“We”, “Our” or “Us”) on the following terms and conditions. This is a separate contract to any arrangement you may have with any third party for the provision of internet services. By registering a domain name, you agree to the publication of your name and address as part of the public WHOIS database service. If you are a Consumer, and you do not wish your address to be published, please see www.nominet.uk for more information on the Consumer opt out. Nominet is the Registry for all internet Domain Names ending in .uk and provides a public service for the .uk namespace on behalf of the Internet community. You can find out more information about Nominet from our web site at www.nominet.uk. Nominet is a not - for - profit company limited by guarantee which is performing services on a cost recovery basis. .

Complaints & Abuse Procedures

If you are unsatisfied with the service you have received, and you have not been able to reach a resolution with us over the phone or by email, you can make a formal complaint by writing to us at the following address, including your account information, and detailing the outstanding complaint.

2a Humber House, Humber Road, Beeston, Nottingham, NG9 2ET

We will acknowledge your complaint within severn working days, an investigation will be carried out into the issues raised and a full response will be provided within fifteen working days. Where the issue is particularly complex it may take longer to respond. If this is likely, we will provide information on the action which will be taken and advise when you can expect a full response.

To make us aware of any abuse, please contact dev@getyouonline.co.uk.

Entire Agreement

This Agreement constitutes the entire agreement between getyouonline.co.uk and the Customer with respect to the Customer's use of getyouonline.co.uk and the getyouonline.co.uk contract, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between getyouonline.co.uk and the Customer with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement.

Note: if you breach these terms and conditions, your web page(s) may be removed from our server without notice.