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CANNY PUBLISHING - TERMS AND CONDITIONS

These terms and conditions apply to all services described by Canny Publishing and can be change without notice.

DEFINITIONS

Client: Person or organisation purchasing website design, development or maintenance services from Canny Publishing.

Go Live: The publication on the Internet of the developed and completed website to the intended audience.

Spamming: The unsolicited sending of electronic mail messages.

GENERAL

Canny Publishing reserves the right to refuse to provide a website that will contain illegal or offensive material or material that Canny Publishing deems to be unsuitable.

ACCEPTANCE

The acceptance of a commission shall be deemed as a contractual agreement between the Client and Canny Publishing. Acceptance of a commission requires a Client to agree to these Terms and Conditions.

Canny Publishing cannot always guarantee to start work immediately on a commission but will arrange a date with the Client as to when work can commence

Sites designed by Canny Publishing are required to carry a Canny Publishing linked creation notice on each page unless the Client negotiates otherwise..

CONTENT

All text and image content is to be provided to Canny Publishing by the Client via email or PC compatible media. Canny Publishing can provide scanning and text reading services but may charge extra for these services.

The Client is responsible for ensuring all material, including, text, images, audio files and video files, supplied to Canny Publishing for inclusion in the website must be free from any infringements of Copyright laws. 

If a Client’s website records personal information about the website’s visitors, it is the Client’s responsibility to meet the requirements of the Data Protection Act, including registration with the Data Protection authorities.

If a website has content management operable by the Client, Canny Publishing is not responsible for any material uploaded to the website by the Client.

After completion and payment for the website, a CD or DVD can be supplied to the Client containing the website files for a fee.

OWNERSHIP

All material, including text and image content, that has been supplied by the Client and used in the construction of the website, will remain the Client's property and the Client’s copyright.

The copyright for all software coding material used to create the website, including HTML, XHTML, PHP, ASP, SQL, JavaScript and CSS code remain the property of Canny Publishing during the website development and after Go Live.  The fees charged by Canny Publishing to a Client are for the provision of a one-off license to use any such coding for the provision of the supplied website and only in the format supplied.  The software coding for any Canny Publishing designed website may not be modified or given to any third party without permission in writing from Canny Publishing.

The copyright for all text, photographs and graphics supplied by Canny Publishing remain in Canny Publishing’s ownership unless ownership of particular items is specifically transferred to the Client by Canny Publishing.

Canny Publishing has full ownership and control of a of a website until full payment has been received from the Client.  Canny Publishing reserves the right to suspend a website or restrict its use until full payment has been received from the Client.

In the event that new inventions, designs or processes evolve in the performance of or as a result of the commission, the Client shall acknowledge that the same shall be the property of Canny Publishing unless otherwise agreed in writing by Canny Publishing.

CANCELLATION AND TERMINATION

If during the website development the Client wishes to cancel the commission, Canny Publishing requires 30 days notice in writing.  In such a case, Canny Publishing has the right to invoice an amount that is deemed proportional to the amount of work that has already been carried out.

If the Client does not supply website content in a reasonable timeframe, Canny Publishing will assume that the Client wishes to cancel the commission and will invoice the Client for the work already undertaken.

Canny Publishing reserves the right to refuse or terminate any contract at its discretion.

PERFORMANCE

Canny Publishing makes no guarantees about the volume of traffic a website will create, nor does it make any guarantees about the search engine ranking a website will achieve.

Canny Publishing will test each website against two browsers each a recent issue level of software. Due to the wide variation in browser technology, browser vendors and browser software issue, Canny Publishing cannot guarantee that a Client’s website will be compatible with all browsers.  Canny Publishing cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.

Canny Publishing cannot accept responsibility or liability if any search engine, online directory or search site chooses not to list a Client's web site.

PAYMENT

Canny Publishing shall invoice Client on completion of work and acceptance by the Client.  Payment is required within 14 calendar days of invoice unless an alternative payment scheme has been agreed with Canny Publishing.  For larger commissions Canny Publishing may require 50% of its fees at the acceptance of the commission.  Canny publishing owns and controls all work until payment is received in full.

Third party development costs, such as registration fees and host account fees, will be invoiced to the Client as they occur during the development stage.

No refund will be given for hosting or registration fees if the Client decides to relocate the website to another host or cancels the commission.

MAINTENANCE AND UPDATE

Canny Publishing does not undertake to maintain or update a Client's website as part of the design commission. If the Client wishes Canny Publishing to maintain or update a web site as a separate commission, Canny Publishing will negotiate with the Client a contract appropriate to the amount of work required.

WEBSITE PROMOTION

Canny Publishing does not undertake to promote a Client's web site as part of the design commission other than the option of placing a link to the Client’s website on the Canny Publishing website.  If a Client wishes Canny Publishing to promote a website as a separate commission, Canny Publishing will make every reasonable effort to promote the web site effectively but cannot guarantee a high search engine ranking.

DOMAIN NAMES

Canny Publishing can register domain names for Clients. Canny Publishing cannot guarantee that any domain name will be available.  It is the Client’s responsibility to maintain a domain name’s subsequent registration, unless the Client commissions Canny Publishing to perform this task.

The Client is responsible for selecting a domain name that does not infringe any copyrights or trademarks. If the name does infringe trademark or copyright, the Client risks having legal action taken against the Client and losing the domain name to the owner. Any registration fees or hosting charges will not be returnable in this case. Clients should be aware that each top level domain will have their own rules on acceptability, eligibility, trademark infringement and other conditions and it is the Client’s responsibility to comply with these.

Any domain name purchased for a Client will remain the property of Canny Publishing until full payment for that domain name has been received.

Canny Publishing will not accept responsibility for errors made by Registration Authorities, registrars or their agents when submitting domains for registration. Claims against Canny Publishing for incorrect registration on our part will be limited to replacement domains to the same retail value, at our discretion..

WEBSITE HOST

Canny Publishing can arrange and set up a web host for a Client’s website.  Canny Publishing can suggest suitable hosts for a Client’s use but takes no responsibility for the performance or reliability of the host company including down time of the host server.

The Client is responsible for recording and keeping secure any passwords required for the operation of the website.

Canny Publishing takes no responsible for website problems due to the popularity of the website, nor for any bandwidth restrictions imposed by the website hosting company.

Upon completion and payment for the website, it is the Client’s  responsibility to check that the website operates correctly after Go Live unless a separate maintenance agreement covering this has been made with Canny Publishing.

If a Client intends to send multiple emails from a website, it is the Client’s responsibility to check the hosting company’s terms and conditions regarding spamming to ensure that any email activity from the website does not infringe the host’s terms and conditions.

The Client is responsible for ensuring adequate backup of all material, including all website content, and any databases, and any material loaded by the client via a content management system, to ensure proper restoration of the website subsequent to any failure of the host equipment or software. 

The Client is responsible for ensuring the backup of any database or other website information required for the commercial operations of the Client’s business.

INDEMNIFICATION

The Client shall indemnify the Canny Publishing fully against all liabilities, costs, damage, damages and expenses which Canny Publishing may incur as a result or work done in accordance with the Client's instructions in the development of the Website which infringe any copyright, trade mark or other intellectual property right any third party.

The Client shall indemnify the Canny Publishing fully against all liabilities, costs, damage, damages and expenses which the Canny Publishing may incur as a result or work done in accordance with the Client's instructions in the development of the Website in connection with the products or services or content provided by the Client on the website..

DISCLAIMER

Canny Publishing will not be responsible for any damages a Client’s business may suffer. Canny Publishing makes no warranties of any kind, expressed or implied for services provided. Canny Publishing disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Canny Publishing and its employees.

WARRANTIES AND LIABILITIES

Canny Publishing is responsible during the website development stage, and for a period of 30 days after Go Live for correcting any software errors in its own code.  Subsequent to this period, Canny Publishing reserves the right to charge for any corrections or further work.

Canny Publishing is not responsible for any errors or failure of operation due to third party software used in the development of the website or software provided by the hosting company for the operation of the website..

While Canny Publish will make reasonable effort to ensure correct operation of a website, it is the Client’s responsibility to undertake the final test and approval of the website, its content, and its operation before Go Live.

CONFIDETIALITY

All information, drawings, specifications, documents, contracts, design material and all other data which Canny Publishing may have imparted and may from time to time impart to the Client relating to its know-how, business, Clients, prices, services, software, the Website, website design, architecture and content is proprietary and confidential. The Client will use such confidential information and all other data solely for the development of the website and the Client will not at any time during the development of the website or any time after Go Live or termination of the commission use or disclose the same whether directly or indirectly, to any third party without the Canny Publishing's prior written consent.

The Client further agrees that it will not itself or through any subsidiary or agent, use, sell, license, sub-license, create, develop or otherwise deal in any confidential information supplied to it by the Canny Publishing.

Canny Publishing agrees to keep Client information confidential and stored securely. Such information shall be returned to the Client on request.

FORCE MAJEURE

Neither of the parties to this Agreement shall be responsible to the other party for any delay in performance or non-performance due to any causes beyond the reasonable control of the parties hereto ('Event of Force Majeure'), but the affected party shall promptly upon the occurrence of any such cause so inform the other party in writing, stating that such cause has delayed or prevented its performance hereunder and thereafter such party shall take all action within its power to complete the commission.

In the event that the Event of Force Majeure shall continue for a continuous period of 2 months, then the party not in default shall be entitled to terminate the commission. Neither party shall have any liability to the other in respect of the termination of the commission as a result of an Event of Force Majeure.

 

 

Canny Publishing ©2005          terms & conditions
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