Service Agreement

The following Terms & Conditions govern any work undertaken by Sifu Geek

1) Contract

Approval for work to commence (either written or verbal) shall be deemed a contractual agreement between the client (hereafter referred to as ‘you’ or ‘your’) and Sifu Geek (hereafter referred to as ‘we’, ‘our’ or ‘us’). This also indicates that you accept the Terms & Conditions outlined below.

2) Quotations / Packages

2.1) The price quoted to you is for the work specifically listed on the quotation. It is your responsibility to ensure everything required at the time of the quotation is listed. If something intended is not listed, then there may be an additional charge.

2.2) Unless otherwise agreed, any quotation provided will be valid for 30 days from the date of receipt.

2.3) All prices featured on our website are subject to availability and change.

3) Payment

3.1) All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £40.

3.2) All Charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site or on the Quotation Form and shall be due and payable in advance of our service provision.

3.3) You acknowledge that our Services are provided using facilities provided to us by third parties; Sifu Geek shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the minimum Contract term or the continuation of the Contract, whether to reflect increased costs to us from such third parties or otherwise. However, if you do terminate, you will remain liable for all Charges (at the previous rate) up to the date this Contract ends.

3.4) All charges unless otherwise agreed are payable in advance. Unless otherwise specified and agreed, set-up and installation charges are payable on order.

WordPress Website Hosting – Annual payment 60 to 30 days in advance. 7 days for late payment warning.

Domain Registration Service – Payment up front.

3.5) Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. If such a suspension is imposed, you will be liable for a “reconnection” charge of £30.

3.6) Generally an advance fee of 50% of the total cost of the project is required before work can start, with the remaining 50% payable on the website going live. You should only pay this advance fee if you agree to our Terms & Conditions. Payment of the advance will be taken as agreement. After work on a website commences advances are non-refundable. We reserve the right not to launch a website until full payment has been received. Hosting payments will be due as soon as the website goes live / is accessible to the public.

4) Late Payment

4.1) Any websites previously launched may be removed without notice if your account is in arrears.

4.2) Accounts that have not been settled within seven days of our overdue reminder will incur a late payment charge of 10% of the amount outstanding and a £50 admin fee.

5) Cancellation

Should you wish to cancel at any point after work has begun, you will still be liable for the time spent and shall be invoiced accordingly. If an advance payment has been made, this is non-refundable.

6) Website Content

6.1) It is your responsibility to supply all website content such as text and images. We are only able to provide copywriting and photography services at an extra charge.

6.2) You must ensure that we are not delayed as a result of late delivery of the material and content required to complete your website. On any occasion where we are delayed over 30 days because you have not provided content or essential information required to complete your project, we reserve the right to impose a surcharge of 25% of the total cost of the work or invoice the cost of the entire website in advance.

6.3) Where content management software is provided, it is your responsibility to update your catalogue / products unless otherwise agreed.

6.4) We include up to five free stock images with each website. Additional images are available at £10 each.

7) Copyrighted Content

In situations where you provide images, text, animations, layouts or any other content for your website, you are legally responsible for ensuring that this material does not infringe any copyright.

8) Intellectual Copyright

We hold intellectual copyright of any material, including source code and original images created for you until payment of the final invoice. We also reserve the right to re-use source code we have developed for your project unless otherwise agreed in writing prior to the start of the project.

9) Search Engine Optimisation

The order in which websites are ranked in the natural search results is controlled by the search engines. While we make your website search engine friendly, it is impossible to make any guarantees on ranking position.

10) Third Party Issues

We are in no way responsible for the performance or failure of third party software or services used by your website. We will endeavour our best to fix any problems quickly but we reserve the right to charge.

11) Support

11.1) Your website will be handed over as completed work. Unless it has been agreed beforehand, we are not responsible for future support. Support can be provided upon request for an agreed fee.

11.2) Your website is offered as a single contract and no guarantee of the availability of future support is offered unless an ongoing support package has been agreed.

12) Compliance

12.1) We design websites in accordance with your specifications. It is your responsibility to ensure that the website and its content comply with current online trading laws and regulations.

12.2) We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on your behalf upon request, but in any business where complex compliance issues may exist we recommend that you take legal advice from a solicitor.

13) Hosting

13.1) While we aim to keep any website hosted by ourselves accessible 24/7, we cannot be held responsible for any downtime and subsequent loss of business you may suffer whether from routine maintenance or server failure.

13.2) In the unlikely event of a server failure or a malicious attack, we will attempt to get your website up and running again as quickly as possible.

13.3) Should you wish to transfer your hosting to another company we reserve the right to withhold access if your account is in arrears. Any transfer costs from third parties will be your responsibility. We also reserve the right to charge a £60 administrative fee to cover the time involved transferring your hosting.

13.4) Backup of your material and our servers – It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) onto our servers (“Material”) as part of your use of the Hosting Services. In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.

13.5) We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.

13.6) Hosting Service Usage Limitations

Bandwidth Utilisation – If the bandwidth or speed of Service used by you exceeds 80% over a one week minimum period in regular samples an excess charge will be payable by you at current published prices unless you instruct Sifu Geek to upgrade the bandwidth to the next level as shown on the current price list.

Server Resources – If resources of Service exceeds 80% of our server’s processing capacity when using the Hosting Service package. At our absolute discretion, we may allow your usage to exceed this limitation, and we will speak to you about your hosting requirements if your usage has, or may have, a detrimental effect on our other customers. Resources are defined as bandwidth, memory and/or processor utilization. In such instances we reserve the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option where by we continue hosting the website for an additional fee.

13.7) We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

13.8) You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

13.9) You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that;

13.10) You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so;

13.11) You will not post, link to or transmit:

(a) Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;

(b) Any material containing a virus or other hostile computer program;

(c) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction;

13.12) You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information;

13.13) In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years;

13.14) While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email;

14) Domains

14.1) The Client appoints and authorises Sifu Geek to act as the agent for the purposes of registering the Domain Name on behalf of the Client for the registration period specified by the Registry to maintain the registration of the Domain Name, by renewing the registration of the Domain Name, and by settling fees charged by the Registry in connection with the registration, maintenance or renewal of that registration.

14.2) Should you wish to transfer your domain to another company we reserve the right to withhold access if your account is in arrears. Any transfer costs from third parties will be your responsibility. We also reserve the right to charge a £50 administrative fee to cover the time involved transferring your domain.

14.3) In order to avoid you losing your domain, unless we are informed otherwise, it will automatically be renewed and you will be charged accordingly.

14.4) The registration or renewal and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register or renew a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register or renew your desired name;

14.5) We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute;

14.6) We give no warranty that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name;

14.7) We shall not release any domain to another provider unless full payment for that domain and any other domain registered by the same client has been received by us. You shall not sell any domain for which payment has not been received by Sifu Geek or the Registrar;

14.8) The registration may be renewed provided that you pay the appropriate renewal fee on or before the relevant renewal date. It is your responsibility to ensure that you apply to renew the domain name registration before the renewal date and provide accurate and up to date contact details.

14.9) We will not be liable if you fail to renew any registration on time. We will send a renewal notice within 30 days prior to expiry.

14.10) When you buy a domain name through Sifu Geek, you are also bound by the Terms and Conditions of the organisation responsible for those domains.

15) Design Process

15.1) During the design process you will be given opportunity offer your feedback and make changes. Web design packages include one initial concept with one redraft if you don’t like the initial design. Logo design packages include at least two initial designs with at least one redraft. Brochure, exhibition stand, folder and leaflet design packages include one initial design with one redraft. Unless stated, other design packages include one initial design, no redrafts, with one set of amends. Further concepts and redrafts can be purchased up front if required.

15.2) Once you have approved the design, further changes maybe subject to additional charges.

15.3) Once we have added your content and finalised the website, it will be handed over for final review. Any amends should be sent in one go. After this final set of amends, we reserve the right to charge for any further changes.

16) Communication

All feedback, issues and requests must be submitted in writing. This ensures nothing is missed or misunderstood when undertaking tasks.

17) Confidentiality

To ensure confidentiality and that projects run smoothly, we will only speak to third parties when approved by you and we agree this is the best course of action.

18) Bankruptcy or Insolvency

Bankruptcy or insolvency proceeding means bankruptcy proceedings or in Scotland sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure: or if the User is a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed.

20) Matters beyond our reasonable control

SifuGeek is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeur, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.

21) Liability

21.1) You acknowledge that we have no control over the information transmitted via the Service and that we do not examine the use to which you put the service or the nature of the information you are sending or receiving.  SifuGeek hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.

21.2) SifuGeek undertakes no liability for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.

21.3) SifuGeek is not in any way liable in Contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.

21.4) SifuGeek makes no warranty as regards to its services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrongor non deliveries and service interruptions.

21.5) All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 14.6.

21.6) Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

21.7) Our total aggregate liability to you for any claiming Contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

21.8) In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

22) Indemnity

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server without limitation.