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For the purposes of this agreement, 'Swift Creations' refers to 'Swift Web Creations limited', a registered UK company, Company No. 07438857.
Agreement to terms and conditions
This Agreement takes effect on the date on which the client first uses or tests services provided by Swift Creations or when the client pays for their services, whichever is the earliest. From time to time, it will be necessary to update the terms and conditions and the client agrees to be bound by the new terms and conditions by their continued use of our services.
Swift Creations can register domain names on behalf of our customers. If Swift Creations registers a domain name, the customer will be the legal owner of the domain name. We make no representation that the domain name you wish to register is capable of being registered by or for you. You must therefore not assume registration of your requested domain name until we have notified you by email that the requested domain name has been registered.
Domain names registered by Swift Creations are usually registered for a period of 1 years. The customer will be sent a reminder 30 days before the domain name expires with full details on how to renew their domain name.
If the domain name is registered by a company other than Swift Creations, the customer has full responsibility in making sure that the domain name is renewed when due and no reminder will be issued by Swift Creations before the domain name expires. Transferring a domain name to Swift Creations from another registrar is usually free or charge however there will be an admin fee of £25 to transfer a domain name away from Swift Creations.
All websites created by Swift Creations are hosted by Swift Creations. The hosting fee is £72 paid yearly. The customer agrees to pay all charges for their use of our hosting services at the beginning of their hosting period.
Swift Creations reserve the right to suspend any website where the web hosting has expired and the customer has not paid the renewal fee. Swift Creations reserve the right to charge a £50 fee to re-activate any website taken offline due to non payment of hosting fees. Web hosting accounts not renewed after being suspended for 30 days will be permanently closed and all website files deleted. Renewal of Swift Creations Web Hosting is payable annually. The date of renewal will be 1 year from the date the website was published to the Internet. Our websites and content management system function on servers operated by Swift Creations only and are not transferable.
The standard web hosting service offered by Swift Creations has a maximum of 750mb of website space unless otherwise stated in your initial quotation. Should your website require more than 750mb of space we will advise of other web hosting options.
All quotations issued by Swift Creations are valid for a period of 30 days after which Swift Creations reserves the right to re-quote.
Payments For Website Design Services
Swift creations accepts payments by BACS or debit / credit. Payment terms are strictly 30 days except payments for domain name and web hosting renewals which must be paid for in advance.
Swift creations are not responsible for writing text content for websites. If the customer cannot write suitable copy for the website then Swift Creations would recommend that the customer employs the services of a professional copywriter with experience of writing for websites.
Website Content Ownership
The customer will own the copyright to the contents such as text copy, photos, graphics and logo after the website has been paid for in full. Our editing suite is a hosted platform meaning this is not transferable.
Swift creations can design a logo for the customer for use on their website. Upon project completion the customer can request a digital copy of the logo for offline use - for example the customer may want to use the logo on their letterheads, business cards, brochures etc.
Swift Creations will provide the client with an estimated project completion date (live on the internet) if requested. We will endeavour to meet any given completion date but we do not guarantee and are not bound in any way to complete the project by this date. Swift Creations will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet estimated project completion dates. Swift Creations will also not consider refunds due to websites not being completed by estimated timeframes.
Website Maintenance and Support
After a website goes live on the Internet, Swift Creations will provide the client with free support should any genuine technical issues arise. Design changes requested after final payment, may be chargeable therefore the onus is with the client to ensure they are satisfied with the completed website before making the final payment.
Website Design Money Back Guarantee
If the customer is not satisfied with the first design concept provided by swift Creations, the customer may request a refund by completing the project cancellation form which will be supplied upon request. Upon receipt of the completed form, Swift Creations will refund the customer. Swift Creations will not agree to a refund if a website has been published to the Internet, if the client has already approved of any the designs, if the client requests design revisions or if the client fails to communicate with us for more than 30 days. Swift Creations will also not agree a refund simply because the client changes their mind about having a website, working with our company, or if the client cannot proceed for personal reasons.
Client and Designer Contact
Swift Creations expects all clients to keep in contact with our designers during any on-going project. If we do not hear from a client for a period of 60 days then Swift Creations reserve the right to ask for any outstanding balance for the project to paid before any more work is carried out. Further to this, If we do not hear from a client for a period of 3 months, Swift Creations will attempt to contact the client email. If no contact can be made, Swift Creations will assume the client no longer requires the website / project and the project will be cancelled and all files deleted from our servers.
Swift Creations expressly reserves the right to terminate or suspend the customer's account 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 Swift Creations deem such action necessary to protect Swift Creations and in such circumstances Swift Creations will confirm such termination or suspension by subsequent notice. Swift Creations also reserves the right to terminate any account or withdraw web or email services where the relationship between Swift Creations and the customer has broken down. In such an event Swift Creations may issue a refund for any services paid for in advance but not used.
Exclusion of liability
To the maximum extent permitted by law Swift Creations excludes liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitor's or user's access to, or use of our website, any material within our website, our services, whether based in contract, tort or whether negligent or otherwise, even if Swift Creations has been advised of the possibility of such damage.
Any customer who wishes to make a complaint concerning any of the services provided by Swift Creations should initially raise the matter with a member of staff with whom they normally deal or alternatively contact Swift Creations with full details of the complaint by e-mail to firstname.lastname@example.org or in writing to Swift Creations, Suite 10 Derby Business Centres, 270 Osmaston Road, Derby, DE23 8LD. The complaint will then be passed to the relevant person at Swift Creations.