Terms and Conditions

Webalar Limited

Registered Office:

85 Great Portland Street

London

W1W 7LT

Terminology within this document.

1. Please read these Terms and Conditions carefully.
2. Webalar Limited may be referred to as “Webalar”, or “we” throughout this document, the client may be referred to as “you”, “the client” or “the customer”.
3. By purchasing a Webalar website package and signing up as a client, you agree to be legally bound by these Terms and Conditions of Use.
4. A live website refers to a website that is published to the internet.
5. “Content” refers to text, graphics and images on a website
6. “Renewals” refer to a new contract and a sperate legal contract
7. The Laws of England & Wales govern this Agreement.

Payments.

1. Full payment will be taken before the contract start date. Details of payment schedule will on the invoice and the invoice should be referred to for details. There may be a difference in the start date listed on the invoice and a clients website going live, no refund will be made to the client to cover this period. The client is responsible for sending website content to Webalar and any delay in this process is not the responsibility of Webalar.
2. Invoice will be sent by email as attachments.
3. A printed paper invoice will be posted upon request from the client.
4. Webalar reserve the right to charge for additional copies.

Cancellations.

1. A client can request their website be unpublished (taken offline) at any time, no refund to the client will be made in these circumstances.
2. Webalar have the right to unpublish (take offline) a website without notice being given, in these circumstances a refund will be made for the duration of the contract left at the rate of ninety five pence per day for each full day of every contract left to be fulfilled.
3. Webalar staff will be treated respectfully and will not be subject to any kind abuse or threatening words or behaviour from clients, where Webalar staff have been abused by clients Webalar reserve the right to cancel a website contract. No refund in full or part will be made in these circumstances
4. A website can be cancelled by the client but no refund will be made in full or in part.
5. There will be a delay in the website going live and the start date listed on the invoice whilst the website is being designed. No refund for time offline will be made.

Domain Names.

1. Website Packages are supplied with a domain name included, if the client already owns a domain name we recommend that the domain name be transferred to Webalar, in this instance the domain name will remain the property of the client and will be transferred back to the client upon written request from the client or at the end of the contract. No refund in full or in part will be made upon the transfer of a domain name to Webalar.
2. If a client requires a domain name for a website package that domain name will be purchased by Webalar on behalf of the client. At the end of the contract the domain name will be transferred to another service provider provided by the client. If no service provider is supplied by the client within 24 hours of the end of the contract ownership of the domain name will be automatically transferred to Webalar, where no instructions have been received from the client Webalar may cancel domain names without notice being given which result in the domain name being returned to Nominet. Webalar accepts no responsibility for domain names that are not connected to a live website.
3. Webalar own certain domain names that may be used on clients websites. Where Webalar provide a domain name for the client to use as their website address for the duration of the contract Webalar will retain all rights of ownership over that domain name. At no time are these domain names the property of the client. When a contract comes to an end either through completion or at request of the client or Webalar the domain name may be offered again by Webalar to any third party. If a client continues to reference the domain name in relation to their business, including online publications Webalar may take legal action without notice against the client.

Intellectual Property.

1. Where Webalar have written content for the clients website and or social media pages this content it will remain the property of Webalar and cannot be used by the client without written consent from Webalar, which cannot be implied.
2. Where images have been supplied by Webalar for use on a clients website or social media pages, no rights of ownership are past to the client and unauthorised use of these is not allowed. Legal action may be taken against any client without notice that has used or copied written material or images supplied by Webalar without written consent.
3. Social media accounts created by Webalar remain the property of Webalar and at the end of a contract will be deleted.

Website Updates and Content.

1. Website packages will be updated at no charge to a maximum of two hours of Webalar staff work per month. The client will not be liable for any work takes longer than two hours unless agreed prior to commencement.
2. Any work to a clients website that will take more than two hours will be discussed with the client before any work is commenced and any charges will be agreed to by the client and Webalar before any work takes place. Any charges for additional work to a clients website must be paid before work is started.
3. Webalar will attempt to carry out updates in a timely fashion, Webalar offer no guarantee with regard t timescales of updates being carried out.
4. Webalar accept no responsibility for updates that are not carried out, and no liability is accepted for any loss suffered by the client for updates that are not made.
5. Webalar reserve the right to refuse to publish any material that may cause offence to a reasonable man.
6. Webalar will write content for the client, Webalar cannot guarantee the client will find the content acceptable. Changes to the content are the responsibility of the client.
7. Content must be emailed to Webalar in a format that can be copied and pasted images containing text cannot be used.
8. Content sent from clients will not be stored by Webalar.
9. All social media accounts may be deleted is the content on them may cause offence to a reasonable man.
10. Webalar accept no responsibility in changes to the website features offered and used where third party software or "widgets" has been used.
11. Any content on social media accounts created by Webalar may be deleted from those accounts without notice being given if Webalar deem it to be content that could possibly cause offence to a reasonable man.

Email.

1. Where the domain name is registered with Webalar, Webalar can provide one email address to be used by the client.
2. Additional email addresses may be granted by mutual agreement,
3. Webalar reserve the right to charge an additional fee for additional email addresses.
4. Mailboxes have a maximum capacity of 5gb, Webalar reserves the right tom upgrade this without notice.
5. Webalar accept no responsibility for any loss of data from clients emails accounts or downtime.
6. Any client misusing the email facility provided will be liable for any financial loss incurred and may have their email address deleted without notice, misuse includes sending spam email and bulk sending emails for any purpose.
7. At the end of a contract email addresses may be deleted.

Search Engines.

1. Webalar cannot be held responsible for search engine ranking and does not guarantee Search Engine Ranking.
2. Webalar will carry out Search Engine Optimisation and will take steps to attempt to create a successful website for its clients.

Renewals.

1. Clients will be contacted before the end of their contract.
2. A website will be unpublished at the end of the contract unless a new contract has been agreed and payment has been taken.
3. A new contract may be offered to a client and it is up to the client whether they accept the new contract.
4. No party is bound to offer or accept a new contract.

Affiliate and Referral Programme.

1. Webalar offer a referral programme to clients with active contracts. This is solely at the discretion of Webalar.
2. The amounts paid for a referral and affiliate fees and discounts will fluctuate.
3. Webalar reserve the right to change the payment amounts for referrals and affiliate fees and any discounts offered without notice being given to the affiliate or client.
4. Affiliates will be granted membership of the Affiliate programme at the discretion of Webalar Limited.
5. Membership of the affiliate scheme can be cancelled without notice by Webalar.
6. An affiliate can cancel membership of the Webalar affiliate scheme at any time without notice
7. No payment is required of an affiliate to become a member of the affiliate scheme.
8. Where Webalar is being marketed by members of the affiliate scheme in a way or using methods that may cause offence to a reasonable man or in a way not agreed to in writing by Webalar. Webalar can request the immediate cessation of any marketing material or techniques the Affiliate member may face legal action for any damage caused to the reputation of Webalar Limited.
9. No Affiliate or referral fees are paid or discounts applied where a website is being renewed or the buyer has been a client of Webalar Limited previously.
10. Affiliate fees and any discounts offered may

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