Our Terms of Business Can Be Found Below
1. A ‘Project’ is any work undertaken or service provided by CPROGRESS , for the Client on their request and as described in our confirmation order email to that Client.
2. A ‘Client’ is a person, persons, business or organisation using any of the services provided by CPROGRESS .
3. ‘Live Mode’ means the date the website is available on the Client’s chosen domain.
4. ‘Domain’ is the website address as specified by the Client.
5. ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
6. ‘Hosting’ is a monthly or yearly cost to keep a clients website activated online.
7. ‘Content’ is both text and images that the Client requires on the website. 8. ‘mb’ stands for megabytes and is a measure of storage space.
1. The contract between CPROGRESS that is a trading name of NBH Media ltd and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2. The works to be carried out shall be as set out in the CPROGRESS contract pack.
3. Email, telephone will be the method of contact with regard to all communication for the website design & development. It is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. CPROGRESS cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. Our telephone support line is for website support issues only. 3.a If a customer’s conduct via telephone is considered unreasonable we will insist on email communication only. CPROGRESS reserve the right to cancel a contract should customer contact be in breach of our anti-harassment policy (*). Calls made to our office are monitored and recorded.
4. CPROGRESS will only commence work on a Project after receipt of first payment as per your payment plan. CPROGRESS provide you with payment plan The entire web site remains the property of CPROGRESS until you project invoice is paid for in full.
5. CPROGRESS shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
6. It is important for the Client to keep in contact with CPROGRESS throughout the entire Project.
7. Where images used on the website have been purchased by CPROGRESS on behalf of the Client, these images are strictly for use on the website only. CPROGRESS are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
8. CPROGRESS will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, CPROGRESS will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control. If payment for hosting is not received within 30 days of invoice, CPROGRESS reserves the right to suspend websites or terminate service.
9. All standard hosting offered by CPROGRESS is shared hosting (not dedicated) website space unless otherwise stated in a separate contract. If your site requires a dedicated solution we will advise of other hosting solutions and then cease hosting the site once transferred.
10. CPROGRESS cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by CPROGRESS.
11. Where asked to provide search engine optimisation for a Client, CPROGRESS do not guarantee any specific placement or high ranking on search engines.
12. CPROGRESS do not take any responsibility for a client’s website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client’s website, there could be a change in the websites search engine ranking.
13. CPROGRESS will provide the Client with an expected completion date for the Project (live on the internet) if requested. CPROGRESS will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of CPROGRESS is purely an estimate.
14. It is the Client’s responsibility to check with CPROGRESS whether Open Source Software is being used or not, your data will not be used or passed to any third parties.
15. The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the design, development, and installation time. Open Source Software is not owned by CPROGRESS or the Client.
16. CPROGRESS own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by CPROGRESS for the Client, unless the images have been supplied by the Client. Images purchased by CPROGRESS are licensed only for use on the client website and are limited to no more than 15 images dependent on the size of the project. Item 19 is subject to item 18.
17. All images displayed on the Client’s website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or CPROGRESS , they will be the sole responsibility of the Client. This clause excludes images which are provided by CPROGRESS .
18. Domain names will be registered by CPROGRESS and also registered to the CPROGRESS current address. Although the domain names are registered to CPROGRESS , the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, CPROGRESS will do this within a reasonable timeframe.
19. A domain name will be registered by CPROGRESS on behalf of the client once we have received the 50% deposit, 25% design payment, 25% final payment and a completed creative brief.
20. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, CPROGRESS can not be held liable for this. However, CPROGRESS will make reasonable effort to contact the Client regarding domain renewal.
21. When a Client renews Hosting with CPROGRESS , this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and CPROGRESS cannot be held liable for this.
22. Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if CPROGRESS cannot contact the Client or the Client requests for CPROGRESS to not host this site. This will also affect the domain as per item 23.
23. The Hosting renewal charge must be received within 10 days of the Hosting expiry date. CPROGRESS reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by CPROGRESS for reactivating the website/Hosting.
24. If the Client does not use CPROGRESS Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
25. Should a Client wish to move Hosting away from CPROGRESS or transfer a Domain name away from CPROGRESS , a £75.00 plus VAT admin charge will be issued, which must be paid before the transfer takes place. All outstanding invoices must be settled before the transferral of a website or service can be considered.
26. CPROGRESS has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client’s web sites constitute CPROGRESS endorsement, or approval of the website or the material contained within the website. CPROGRESS has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. CPROGRESS provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
27. CPROGRESS shall place a small text link on the footer of a Clients website that simply states the website was designed by CPROGRESS and links to our company website.
28. CPROGRESS are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.
29. If a Domain name is purchased by the Client through a company other than CPROGRESS , the Client has full responsibility in making sure that the domain name is renewed when due. CPROGRESS will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than CPROGRESS .
30. CPROGRESS will take a 1.9% service charge payment on any payments received using a credit or debit card. If this is not acceptable to the client, we also accept BACS and Cheque as an alternative payment method.
31. CPROGRESS makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
32. The initial contract shall be binding for (1) year and will automatically renew for subsequent term of equal duration unless CPROGRESS receives written notice that the client wishes not to renew. The details of the work undertaken can change as your project progresses. Any downgrade of service to a lesser value service after the initial 1 year contract requires a 3 month notice period of cancellation at the current monthly rate. After the initial 1 year contract term 3 month’s cancelation and relevant monthly payment is required during this period.
(*) CPROGRESS will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only.