Leafhopper Enterprise Support Ltd Terms and Conditions

 

Leafhopper Enterprise Support Ltd Terms and Conditions
1        Introduction
1.1         Disclaimer
1.2         Indemnification
1.3         Copyright
1.4         Leafhopper Enterprise Support Ltd Promotion
2        Website Development
2.1         Development Proposal Agreement
2.2         Website Development
2.3         Website Completion
3        Hosting and e-mail Service
3.1         Server use
3.2         Web Site Hosting Agreement
3.3         Pricing
4        Domain Name registration
4.1         Registration Charges
5        Payment Terms
5.1         Travel Expenses
5.2         Privacy policy and confidentiality

Introduction

 

Leafhopper Enterprise Support Ltd (hereafter known as Leafhopper Enterprise Support Ltd) provides website design, website development and management, domain name registration, e-mail management and World Wide Web page hosting.

By placing an order with Leafhopper Enterprise Support Ltd, you confirm that you are in agreement with and bound by the terms and conditions below.

Disclaimer

Leafhopper Enterprise Support Ltd reserves the right to revise its policies at any time without notice

Leafhopper Enterprise Support Ltd will not be responsible for any damages your business may suffer, expressed or implied for services we provide, or the services of any third party hosting services Leafhopper Enterprise Support Ltd may use.

Leafhopper Enterprise Support Ltd disclaims any warranty or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Leafhopper Enterprise Support Ltd and its employees.

Indemnification

The customer agrees to defend, indemnify and hold harmless Leafhopper Enterprise Support Ltd against liabilities arising out of;

(a) any material supplied by a customer infringing or allegedly infringing on the proprietary rights of a third party;
(b) copyright infringement and
(c) any defective products sold to a customer from Leafhopper Enterprise Support Ltd.

Copyright

LEAFHOPPER ENTERPRISE SUPPORT LTD will retain the copyright of any material, including any source code, created for the customer by Leafhopper Enterprise Support Ltd.

Leafhopper Enterprise Support Ltd Promotion

Leafhopper Enterprise Support Ltd reserve the right to put a small notice at the bottom of the customers home page stating
“This site was designed, developed and is hosted by Leafhopper Enterprise Support Ltd” with a hot link directly to the Leafhopper Enterprise Support Ltd site. This notice will be displayed using a maximum of font size 8

Website Development

 

Development Proposal Agreement

A Website Development Proposal Agreement will be issued and agreed by both parties before any work will commence. It forms an agreement between Leafhopper Enterprise Support Ltd and the client and contracts both parties to adhere to their mutual responsibilities and time scales in respect of the proposed website development.

Once acceptance of the agreement has been received by Leafhopper Enterprise Support Ltd, by way of signed purchase order or confirmation e-mail then it is deemed that an agreement has been reached between the two parties to carry out the work outlined in the quotation. Should changes be required after agreement has been made then additional charges may be made

By issuing a purchase order to Leafhopper Enterprise Support Ltd the customer accepts all the terms and conditions listed in this document.

In the event of a client cancelling the agreement, at any time after the receipt of a purchase order by Leafhopper Enterprise Support Ltd, then fees will be due for any work carried out. This will be priced at our current hourly rate.

Website Development

During website development, progress can be tracked by the client on a central staging server provided by Leafhopper Enterprise Support Ltd. Access to this server will be via a secure password issued to the customer. It will be the responsibility of the customer to keep this password safe. It must not be issued to a third party without express permission from Leafhopper Enterprise Support Ltd.

Key milestones will be agreed between Leafhopper Enterprise Support Ltd and the customer. These milestones will be based upon an agreed project plan. In order to meet deliverables / milestones of the project plan both Leafhopper Enterprise Support Ltd and the client will be responsible for completing their agreed obligations within the agreed time scales.
If, during the development of the website, the customer does not supply the content required within the agreed time scales Leafhopper Enterprise Support Ltd reserves the right to change and reissue the project plan to reflect these delays.  

Website Completion

When both Leafhopper Enterprise Support Ltd and the customer agree that the website meets the agreed development proposal agreement, agreed during the commissioning process, Leafhopper Enterprise Support Ltd will invoice the customer for the final payment. The website and copyright will remain the property of Leafhopper Enterprise Support Ltd until the final payment is received. On receipt of payment Leafhopper Enterprise Support Ltd will commission the website on the final server and provide the customer with access and passwords for the website.

Hosting and e-Mail Service

Leafhopper Enterprise Support Ltd will offer the use of its third party hosting service, provided in partnership with FastHosts, to host the client's website and provide e-mail and other services. Although Leafhopper Enterprise Support Ltd is happy to recommend this service, no guarantee is offered in respect of reliability or suitability.

Server use

Leafhopper Enterprise Support Ltd does not allow any of the following content to be stored on its servers:

• Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any United Kingdom or International law or Federal, State or local regulation.

• Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Leafhopper Enterprise Support Ltd. Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Web Site Hosting Agreement

The website Hosting Agreement is issued in order to confirm that the client wishes Leafhopper Enterprise Support Ltd to commence instructions to provide hosting and e-mail services. In order for this to be commenced, the client must take all reasonable steps possible to ensure that any existing Domain Names are transferred to our hosting service. Leafhopper Enterprise Support Ltd will provide instructions in carrying out the transfer should they be required.

Pricing

Leafhopper Enterprise Support Ltd reserves the right to increase its pricing on an annual basis to reflect market conditions

Domain Name registration

Where Leafhopper Enterprise Support Ltd has registered a domain name on the customer's behalf this domain name will be registered to Leafhopper Enterprise Support Ltd. Upon registration of a domain name the customer acquires the right to use the domain name for the period agreed but does not hold title to it. If requested Leafhopper Enterprise Support Ltd may agree to transfer this domain to the customer or his/her agent when asked to do so providing that all accounts have been settled. (NOTE: There is normally a charge for a domain name transfer.) Upon transfer of the domain registration the customer will be responsible for any renewal payments and management of the domain.

Registration Charges

All third party costs for the continuation of a domain registration, after the initial agreed period, will be met by the customer and are payable to Leafhopper Enterprise Support Ltd before the continuation of the renewal period. Failure to make these payments may result in the lapse of the domain registration and removal of the website associated with the domain.

Payment Terms

Payment is currently accepted by cheque or BACS and in UK Pounds Sterling, unless otherwise agreed. If for any reason, any cheque is returned by the bank as unpaid the customer will be liable for a "returned cheque" charge of £25.
Payments for website development services must be paid at the following stages of development

Go-ahead/Purchase Order                                            25% payment
Outline Design & Navigation Completed & Agreed          25% payment
Hand-over to Client/Training Completed                         50% payment

Payment will be due within 10 days for all invoices. Full publication of the Web Pages will take place only after full payment has been received. Any material previously published may be removed if payment is not received.

Travel Expenses

Before commence of the agreement a schedule of regular meetings will be agreed within the detailed project plan.
Leafhopper Enterprise Support Ltd reserves the right to make travelling expenses charges for any additional meetings requested by the customer.  These expenses will be based on 40p per mile or public transport costs (whichever is applicable).

Privacy policy and confidentiality

To communicate with you, and to provide content in your website, we will require your name, address, phone number, e-mail address, etc..
If we need to contact you, we will contact you via e-mail or telephone first, and will write to you if e-mail or telephone contact is unsuccessful.
Any information provided by you will be used for Leafhopper Enterprise Support Ltd purposes only. However, Leafhopper Enterprise Support Ltd will display your contact information on your website if requested.. It is your responsibility to proof-read the web content to ensure that correct and pertinent details are displayed.
Your information will not be shared with individuals or other companies (such as direct mail organisations or other third parties) unless required by law.
We do our best to maintain the accuracy of any personal information you do supply to us. You can help us update and maintain the accuracy of any personal information you supply by informing us of any changes to your name, address, e-mail address, telephone numbers, etc..
Leafhopper Enterprise Support Ltd and any third party associates shall use information provided by you in relation to this agreement in accordance with the Data Protection Act 1998

Updated 24/07/2012