Every website and service needs specialised terms and conditions in order to ensure the proper legal compliance and management of all legal risks, and Hostudio Limited is no different. Keeping this in mind the terms and conditions mentioned here are to be used to satisfy certain legal disclosure obligations and to provide the users with the information they need to use our services, along with general information on the legal relationship between the owner of the website and the users.
By using our services the client agrees to the terms and conditions herein and will be held responsible for any outcome that may transpire after the use of our services. Users of this website will also be held accountable for the misuse of the information provided on this website, which could also lead to legal action against the perpetrators.
1.1 In accordance with the specified terms and conditions Hostudio Limited shall offer the following services after the clearly stated fees have been paid;
(a) Provide the service according to the process established and agreed upon in the project specification with the Client.
(b) Will provide the services in a timely manner according to the specifications agreed upon by the involved parties.
1.2 Any alterations, amendments, changes, or variations to the project specifications shall only become legally binding when presented in writing and agreed by the involved parties. It should also be mentioned that both parties need to agree upon the terms and conditions before moving forward. This is why it is important for all of our clients to go through our T & C policy thoroughly before proceeding with our service. In cases where the proposed changes increase the expenses for the Service Provider, Hostudio Limited reserves the right to charge any additional fees.
2. Delivery and Acceptance
2.1 The Client is required to pay the full amount payable upon the completion of the project so that Hostudio Limited can deliver the completed work.
2.2 Hostudio Limited maintains the right to issue any invoices for additional fees in case the client wishes to receive their project on an external server. In this scenario, the client will be held responsible for the integrity of the external server and we will not be held for any theft, errors or any other harm that may be caused to the completed work or the client because of the external server.
2.3 Upon completion, the Client will have a 10-day "Test Period" to ensure that the service(s) provided are in accordance to the Project Specification. If the completed work does not comply with the client’s job specifications, the client is required to inform Hostudio Limited and provide feedback which clearly outlines the job specification. The Client is required to confirm the completion of the project in writing and submit it to Hostudio Limited after each project.
2.4 Hostudio Limited shall consider the service(s) delivered as acceptable in case:
(a) The "Test Period" expires and Client fails to raise any differences between the website and the project specification; or
(b) The Client is using or has used the service(s) delivered for purposes other than testing.
2.5 Once a Job is marked "complete" Hostudio Limited will bear no future obligations to any work associated with the Job, unless the Client intends to continue using the service(s). If Hostudio Limited decides to undertake a new project from the Client, it maintains the right to charge a specified that will be agreed upon by both parties. All clients are urged to agree to each project only after fully understanding the terms and conditions of Hostudio Limited. Any claims by the client regarding the pricing of a project will not be entertained by Hostudio Limited once the project is underway or has been completed.
3. Delivery of Content, Materials and Feedback
3.1 The Client shall be responsible to deliver all content, information, and data including trade names, trademarks, and logos required to complete the project.
3.2 Client Content is the material that is required by Hostudio Limited to carry on with a project and provide our specialised services. In case of any delay in content delivery by the client which will impact the starting or continuation of a project, the Client must notify Hostudio The client shall provide Hostudio Limited with a revised schedule for the Content delivery.
3.3 Hostudio Limited shall not be held accountable for missing any milestones or additional expenses as a result of late or non-delivery of Client Content required to complete the project.
4. Fees and Payment
4.1 The Client is required to pay the Fee as clearly stated in the Project Specification.
4.2 The payment schedule of the Fees is as follows, provided that a payment schedule has not been set and agreed upon by the involved parties:
(a) Hostudio Limited will only commence with a project once 50% of the total project fee has been deposited within 5 days of reaching the agreement. This amount is non-refundable.
(b) The remaining 50% is to be paid no later than 10 days after the expiry of the Test Period upon the written confirmation of project completion by the client.
4.3 Hostudio Limited reserves the right to use the completed project and any of the preliminary designs for the purpose of future publications in design, marketing materials and portfolio.
4.4 In the event the Client fails to pay on the due date, Hostudio Limited can:
(a) Claim interest at its sole discretion on unpaid Fees under the Late Payment of Commercial Debts (Interest) Act 1998;
(b) Suspend the Project until the full payment is made;
(c) Discontinue the ongoing service(s) until full payment is made; or
(d) Terminate the Terms and Conditions Agreement upon notice.
4.5 Hostudio Limited only offers a refund if a project has been terminated. Hostudio Limited reserves the right to agree or deny any claim to a refund by the client.
5. Intellectual Property Rights
5.1 Hostudio Limited shall register all domain names to our trading address. While the domain names will be registered to Hostudio Limited, the client will be the legal owner of their domain names.
5.2 All domain names registered by Hostudio Limited will have a specified expiry date which is usually of one year from activation. Therefore, it is the responsibility of the client to renew their domain names. Hostudio Limited will not be held accountable for any late payments for the renewal of a client’s domain name or the expiry of a domain name due to the inability of the client to pay the required renewal fees within the specified time period.
5.3 On behalf of, or on the request of the Client, Hostudio Limited can register and/or renew a domain name, subject to additional charges. All of the registration details then be transferred to the client after the payment of an additional fee by the client for the service.
5.4 in cases where the client does not use the domain hosting services offered by Hostudio Limited, the client will be held fully responsible for the domain name and service they choose. If the client chooses to provide us with the information of the domain name and domain hosting service they choose, the client is required to make sure that all the information regarding FTP details and other data is correct.
5.4 Furthermore, Hostudio Limited does not endorse the content available on the client’s website and is not to be held accountable for the content of its client’s website, or any transactions, services, references carried out by the website and its users.
6. Warranty and Guarantee
6.1 All images that are to be displayed on the client’s website will be used only after the client’s authorisation. Therefore, the client is to be held responsible for any legal claims that may arise.
6.2 Hostudio Limited does not guarantee that the client’s website is 100% error free. It is solely the client’s responsibility to take care of any technical errors, viruses, and any other harmful content of their website. Also, Hostudio Limited does not guarantee a high ranking on the search engines. Clients are requested to ensure that the minimum requirements are met it they are using third party servers. If the client wishes to use the hosting services provided by Hostudio Limited, we guarantee 99.9% uptime along with providing our clients with a reliable and professional service.
7. Indemnities and Limitation of Liability
7.1 Both parties bear no liability for revenue loss, loss in anticipated or actual profits, business loss, operating time loss, loss of use, opportunity loss, reputation loss, or loss of or damage to data or any consequential or indirect damage or loss caused in whatsoever way, whether in contract, statutory duty, or in accordance to this Agreement.
7.2, Hostudio Limited shall bear no liability for loss or damage caused due to:
(a) Network failure and/or the Client not being able to access the work because of connectivity and/or telecommunications networking issues;
(b) Any viruses, Trojan horses or other malware.
7.4 The client agrees to not hold Hostudio Limited, its staff, affiliates, and any third party providers responsible for any losses or expenses incurred by any person arising of the Client’s violation of the agreed terms and conditions. In case the court or an arbitration panel find that the terms and conditions specified here are deemed unenforceable for whatever reason, the client agrees that Hostudio Limited, its employees, agents, or licensors are not to be held liable for losses exceeding the deposit or the cost of the entire project. If any images used in the client’s website is found to be in violation of copyright laws, it will be the responsibility of the client or any third party employed by the client and not Hostudio Limited.
8.1 It is within the client’s legal rights to cancel a project as long as they provide Hostudio Limited with a written notice five days prior to filing for cancellation. After which a refund of the project will be decided upon accordingly by Hostudio Limited.
8.2 CMS platform renewal fee and hosting charges are to be received within 30 days of the hosting expiry date. In cases where the client has not paid the renewal fees within the specified time period, Hostudio Limited reserves the right to deactivate their website. The client will then be required to pay a reactivation fee to renew their services. If the renewal payment has not been made within 60 days after the renewal due date, Hostudio Limited holds the full authority to terminate all data, which will not be recoverable.
8.3 If the client wishes to cancel our hosting, CMS or domain services, they are required to do so with a written confirmation 30 days prior to the renewal date.
8.4 Upon termination and notwithstanding subsection 8.1, the Client is liable to promptly return any examples or test materials, documents, user manuals, or printed materials delivered by hostudio.co.uk. The Client must return or, if requested by hostudio.co.uk, destroy copies thereof.
8.5 The termination of Terms and Conditions Agreement must be so without any prejudice to the rights of either Party. The termination must not affect the provisions of the Terms and Conditions Agreement under no circumstances for which it is intended.
9.1 Hostudio Limited takes the confidentiality of our clients very seriously. Therefore, all documents and data provided by our clients will be kept confidential and shall only be shared after a written agreement of consent has been provided by the client.
The client is required to hyperlink the homepage of Hostudio.co.uk in this format – "Website Developed by Hostudio Limited" or a similar format. This hyperlink is to be maintained by the client at all times following the completion of Job.
11.1 All written notices must be presented to Hostudio Limited via email.
12.1 Clients are not permitted under any circumstances to assign or transfer the terms and conditions agreement mentioned here without the written consent of Hostudio Limited.
13. Force Majeure
13.1 Neither the Client nor the Service Provider is liable for any delay or otherwise failure to meet the obligations stated in the Terms and Conditions Agreement provided the delay or failure is a result of circumstances that are beyond the reasonable control of the Party including but not limited to war, acts of god, industrial dispute, or civil disorder. The Party that is not subject to Force Majeure is entitled to issue a notice of terminate in writing if the delay or failure extends up to a 90-day period.
14. Joint Venture or Partnership
14.1 The Terms and Conditions Agreement and its clauses do not encourage or construe a joint venture or partnership between the Client and the Hostudio Limited. As such, neither Party has authority to legally bind the other Party or otherwise create liability.
15.1 The Client is obliged not to solicit or otherwise induce, whether directly or indirectly, the employees of Hostudio Limited to leave employment in order to engage in freelancing, consultation, or become employed directly by Client for the entire duration of Terms and Conditions Agreement and a 6-month period following the termination of this Agreement.
16. Advanced Customer Support Service
16.1 Hostudio Limited offers advanced customer support for a period of one week after the website’s launch. This will include, e-commerce, CMS, email, domain and hosting support for our clients. After the seven-day period, these support services will be replaced by 24/7 ticketing and email support which will be provided to our clients free of charge. All tickets will be responded to within 24 to 48 hours after submission. However, this will be subject to the type of problem. All advanced technical support along with the upgrading of servers, or any other changes to the site or server will be charged as a premium service. It is important to understand that all pending invoices of the client will need to be paid before any further advanced support assistance can be availed by the client.
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