Last updated: October 3, 2018
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
By placing an order with XPdesign, you confirm that you are in agreement with and bound by the terms and conditions below:
- XPdesign will carry out work only where an agreement is provided by email. An ‘order’ is deemed to be digital contract between XPdesign and the client. Payment terms are strictly 50% of the design fee before work commences, then the remainder upon completion prior to the site going live on your domain. All payments are non-refundable.
- Our Websites are created on WordPress and are hosted by Siteground and can be transferred to a new host. XPdesign cannot accept liability for losses caused by the unavailability, malfunction or interruption of either service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
- Should you choose to host your WordPress website on your own hosting service it is your responsibility to transfer the site from our demo domain. You will be provided with the necessary files containing your website via email . We advise you to seek support from your hosting company to facilitate the transfer.
- Once your site is live on your domain it is assumed that the project has been completed to your satisfaction. Any additional work is then charged at the prevailing support cost.
- Should you choose the option of having administrative rights to your website you will be able to make changes to your own site and amend content. XPdesign does not accept responsibility for any changes that you make to your site.
- We require you to submit your own text and images for inclusion on your new website. All text should be divided into sections relevant to your page names and submitted by you in electronic format. All text and images submitted must be free of copyright and XPdesign accepts no responsibility for any infringement of copyright law arising from any text or images used on your site. Text needs to be sent in a format that allows us to copy and paste, keeping the existing formatting in place.
- We may include plugins on your website to improve the overall user experience on your site. These include but are not limited to contact forms, image slideshows, videos and maps. As these are third party apps hosted by another supplier we cannot accept responsibility for any loss of service or malfunction that may occur. Each third party reserves the right to alter or remove their service and or charge fees if certain usage limits are reached. Customers will be notified prior to such case and would be able to decide whether or not to continue with the service or to find an alternative provider.
- We reserve the right to include a screenshot of, and link to your completed website on the portfolio page of our website and on any of our social media accounts.
- All sites can be viewed on laptops, PC’s, tablets and mobile devices running the latest versions of Internet Explorer, Mozilla Firefox, Google Chrome and Safari.
- Your hosting period begins once your site is live on your domain, or one month after you place your order, or once your domain has been registered (whichever comes first). If you do not make your payments on time the hosting will expire and your site will no longer be live. Once hosting has expired, it will be possible to reinstate your website for a period of 7 days, after 7 days your site will be permanently deleted. XPdesign excludes liability for any loss of profit caused to the customer by the expiration of the hosting as a result of the customer’s failure to renew their services.
- All domain names will be registered in the clients name and as such the domain name belongs to the client, not to XPdesign. The domain will be registered for 1 year. The renewal is included within the web hosting fee. If the customer does not renew the services the domain will expire and will be available for general sale. No cash alternative is available for customers who purchase their own domain name.
- XPdesign excludes liability for any loss of profit caused to the customer by the expiration of the domain name as a result of a technical fault or any other fault caused by the hosting company or any third party.
- All sites are limited to a total of 500MB of data storage. Should you use more than 500MB of storage we will request for you to either pay an additional hosting fee or delete enough files to bring your total storage back down below 500MB.
- Website drafts will be created based on the design brief and information provided by the customer. If the design brief changes significantly after the first draft has been created a support charge for any additional work may be applied.
- If the final payment has not been received within 2 months of the original order being placed XPdesign reserve the right to cancel this agreement without notice. All design work carried out will be permanently deleted from our hosting platform and no refund will be payable. Any domains or email accounts that may have been registered will also be cancelled and no refund will be payable.
- Due to external factors we cannot offer any guarantees regarding the search engine position we will achieve for websites. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
- XPdesign reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or controversial. We also reserve the right to refuse to handle any site found to be involved in any black hat search engine optimisation techniques. Should any of these situations arise we reserve the right to terminate your web hosting service without notice and you would not be due a refund.
- We reserve the right to amend the Terms and Conditions at any time.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by XPdesign.
XPdesign has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that XPdesign shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org