TERMS OF SERVICE
These Terms of Service (“Agreement”) are entered into by and between Forty Miles West (“The Service Provider”), located at Unit 2 Bollinside, Macclesfield, SK11 7RN, UK, and the client (“The Customer”). By using our services, The Customer agrees to be bound by these terms. If The Customer does not agree to these terms, they should not use our services.
1. Services Provided
The Service Provider offers the following services:
- Managed Web Hosting
- Web Design & Development
- Video Production
- SEO & Online Marketing
- Care Plans
2. Payment Terms
2.1 Fees: The Customer agrees to pay the fees specified in the order form for the initial term and any renewal terms.
2.2 Payment Schedule: Payment terms will be specified in the individual service agreements.
2.3 No Refunds: There are no refunds on yearly paid web hosting plans if The Customer would like to terminate early unless agreed otherwise.
3. Video Production
3.1 Ownership: The Service Provider owns all files and copyrights unless agreed otherwise. We grant customers a license to use our work. All filmed material is the property of Forty Miles West unless agreed otherwise.
3.2 Portfolio Use: The Service Provider has the right to use client work in their own portfolio, either on social media, website or other marketing channels unless agreed otherwise.
3.3 Liability: The Service Provider is not financially responsible for loss of data, or loss of revenue due to force majeure, accident or equipment failure.
3.4 Data Storage: The Service Provider is not responsible for data storage before or after the work is completed unless agreed otherwise.
4. Web Hosting
4.1 Service Scope: The Service Provider by default is only responsible for hosting the website, providing daily server backups and automatic updates of WordPress plugins unless agreed otherwise in the service agreement.
4.2 Security and Malware: The Service Provider is not responsible for malware, server attacks or care of a breached website unless agreed otherwise in the service agreement.
4.3 Customer Responsibility: If The Customer is not on a care plan or enhanced plan, they are responsible for website security and best practices unless agreed otherwise.
4.4 Plugin Issues: WordPress plugins with compatibility issues or vulnerabilities are the responsibility of The Customer unless agreed otherwise.
4.5 Premium Tools: If The Service Provider has provided any premium tools for the duration of the service subscription or service and The Customer wishes to terminate the contract, The Customer will need to purchase their own licenses of these tools.
4.6 Liability: The Service Provider is not financially responsible for loss of data or revenue due to the website being down, acts of God or hackers breaching the site.
5. Web Development & Design
5.1 Plugin Licenses: Any plugin licenses provided by The Service Provider are only valid for the duration of service or paid licence duration. If The Customer would like to use another development provider, all plugin and theme licenses will need to be renewed through the new Service Provider unless agreed otherwise.
5.2 Use of Work: The Customer is not allowed to copy, duplicate or resell The Service Provider’s work unless agreed otherwise. The Service Provider grants The Customer an exclusive license of the website unless agreed otherwise.
6. General Terms
6.1 Additional Costs: Any extra equipment, plugins, add-ons or stock images, video footage or other extra overheads can be sourced by The Service Provider with a 20% margin on top of the cost. This will be agreed upon with The Customer in advance.
6.2 Down Payments: We do not refund down payments of scheduled work if The Customer pulls out or fails to allow us to complete the work. A grace period may be offered, but if that isn’t taken up, the job will be deemed as failed and any money will be kept by The Service Provider.
7. Termination
7.1 Termination by Customer: The Customer may terminate this Agreement at any time by providing written notice to The Service Provider. However, no refunds will be issued for yearly hosting packages or deposits on work that could not be completed because of client termination.
7.2 Termination by Service Provider: The Service Provider may terminate this Agreement immediately if The Customer breaches any material term of this Agreement and fails to remedy the breach within fourteen (14) days of receiving notice.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
9. Entire Agreement
This Agreement, together with any order form and service specification, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements and understandings.
10. Amendments
The Service Provider reserves the right to amend this Agreement at any time. The Customer will be notified of any significant changes in advance. Continued use of the Services after such changes will constitute acceptance of the new terms.
11. Contact Information
If you have any questions or concerns regarding this Agreement, please contact us at:
Forty Miles West
Unit 2 Bollinside, Macclesfield, SK11 7RN, UK
Email: [email protected]
Phone: 01625315107