Terms and conditions of use

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and DW Host Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by DW Host Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to DW Host  Ltd and accessing the Website in connection with the provision of such services. You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

    1. All Content included on the Website, unless uploaded by Users, is the property of DW Host Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
    2. You may, for your own personal, non-commercial use only, do the following:
      1. Retrieve, display and view the Content on a computer screen.
    3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of DW Host Ltd.
  1. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
  2. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify DW Host Ltd for all claims resulting from Content you supply.

Prohibited use

  1. You may not use the Website for any of the following purposes:
    1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
    2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Using our services

1. When signed up we will require some details from you some of this maybe include a high quality logo file, high quality photo/images relating to your business, text about your services, general info about your business etc. We cannot start a project without these key materials.
2. Any project timescales are predicted due to how many website projects we have waiting to be built and if you would like an update about your website please feel free to contact a member of our team. Once all materials have been provided we require a minimum of 3 weeks production time thereafter due to high demand.

Any timescales we agree to can only be stuck to if we are provided with the content and materials we require for the project. All materials must be in the correct format and usable on your website if you are unsure about the quality of your logos or images please ask one of the team, here is a quick example of what is not acceptable quality to be used on the websites:

  • No screenshots of logos or images (as this reduces the quality)
    Logos must be provided on a  neutral background (white or transparent) and reasonable quality (minimum of 512px * 512px).
  • No photos in word documents. (as this reduces the image quality)
    We can only accept original images of at least 1024px to 800px.
  • No photos of text wrote on a scrap of paper or screenshots of texts, no links to other websites content (breach of copyrights.).
    (text must be sent to us in a usable text format / Word document without individual formatting.)
  • It is essential to provide documents such as Terms & Conditions and Privacy & Cookie Policy as these are set legal requirements for a website by UK law.
    (Any deadline is void if these essential documents are missing.)
  • Materials and content you have requested us to produce for you in addition, such as a website Logo, website content in text and sourcing images to be used on the website can only be used on your website and added if these materials have been paid for in full and in advance. These additionally ordered materials and products are under no circumstances directly related to the website service and are considered extras and will be invoiced separately.

3. Any significant changes or additions to a project requested after the initial project brief, such as creating additional pages, sourcing and producing additional content and images and significant changes to the overall design of a website project are considered to be extras and will be invoiced as additional services. Such additional services must be paid for in advance before they can be fulfilled.

4. Any claim against a project that does not at least fulfill the minimum required client / customer participation stated above is void and requests for a for a refund cannot be granted in such cases as the fulfillment for such project has been delayed and caused by issues that are outside of our control.

5. In general refunds cannot be granted after the obligatory cooling off period of 14 days after initial order purchase which we freely extend to business purchases in addition to orders by private individuals.

 6. The hosting fee will be automatically taken from your chosen bank account, if the payment fails if necessary, you will need to contact us to update your account details or make sure funds are available in your account.
 
7. Every 12 months usually you’ll need to renew your domain name unless you have purchased more than one year registration. unless you inform us 30 days prior to the domain expiry date we will automatically do this for you and charge your card the amount it costs in order to keep your website and emails running and online.
 
8. Our “Starter Package” offer is just for new clients only, See registration and cancellation (8) for more information.
 
Registration and cancellation
  1. You must ensure that the details provided by you on registration or at any time are correct and complete.
  2. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
  3. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
  4. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights. (This does not apply for the Starter package see 5 for details.)
  5. With all of our website packages you will have a minimum of 12 payments to make over the course of 12 months before you can cancel, the website will be built and designed for you with just a minimal fee to pay for the hosting every month. If you are wanting to cancel your subscription you will need to make sure you have made 12 payments over the course of 12 months before cancelling to avoid any penalties. If you want to cancel early you will be charged for the remainder of the payments you are yet to make, we need to do this as we have costs to pay for and we cannot afford to lose money as we have admin staff and designers to pay and the initial set up and registration of the domain, depending on time of cancelation you may also be charged an early cancelation penalty of £60 per domain you hold with us, this is just to cover administration time it takes to get the domain prepped for transfer or to be cancelled.
  6. If you have taken advantage of our free email address we will provide you with the login details but you are responsible for actually logging into the account yourself and take full responsibility for changing the password and keeping it safe DW Host Ltd will take no responsibility for any loss of files or passwords. We do not provide a hand holding service to help you log in and learn how to use your email account.
  7. Our service to you is that we will build your site and host it and take care of the hosting platform only.(unless you have requested and payed for additional services such as a maintenance package or Logo Design) We do not take any responsibility for managing your website or helping you use the website once set up apart from providing basic tutorial videos to help with this. we do not manage or maintain the website itself unless you specifically request that  service, but this service would come with extra fees.
  8. Our Starter Package “Free Website” offer is for new customers only and if you require a second (or more)website as an existing customer you will be required to pay for the development of that new “starter package” website and also the domain registration costs. (ask for current prices)  With a second(or more) website the minimum term still applies see(5) for more info.
  9. If you cancel your subscription with us your email address will go offline and we cannot take responsibility for any lost files or emails when your account is closed, your website will also be put offline and the domain name forwarded to our website (DW Host) until the domain name expires.
  10. If you do wish to leave us and would like it to send over any files relating to the website design please ask us to do this via email, If you have sign up to the starter package with do not offer this service as the website is only rented, so if you leave us you will also lose your website and any files relating to it.

Password and security

  1. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
  2. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

Links to other websites

  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of DW Host Ltd or that of our affiliates.
  2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
  3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Policy

  1. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://www.dwhost.co.uk/privacy-policy

Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that DW Host Ltd makes available through the Website (the
    Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  2. DW Host Ltd is under no obligation to update information on the Website.
  3. Whilst DW Host Ltd uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  4. DW Host Ltd accepts no liability for any disruption or non-availability of the Website.
  5. DW Host Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
  2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  3. To the maximum extent permitted by law, DW Host Ltd accepts no liability for any of the following:
    1. Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    2. Loss or corruption of any data, database or software;
    3. Any special, indirect or consequential loss or damage.

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. DW Host Ltd. reserves the right to change or amend these Terms & Conditions at any given time. Users should check the terms and conditions regularly to ensure familiarity with the then current version. DW Host Ltd. is not responsible for the users / customers duty to keep them self up to date with these Terms & Conditions.
  3. These terms and conditions together with the Privacy Policy and Cookies Policy
    contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforce-ability of the other provisions of these terms and conditions will not be affected.
  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Marketing & Promotions

 

  1.  DW Host Ltd has the right to use and website build  hosted by DW Host as references for their work during and even after cancellation. (Unless specifically requested by the client in writing )
  2. Any reviews and recommendations can be displayed on our website or used in marketing campaigns.  (Unless specifically requested by the client in writing )

DW Host Ltd

Details

  1. DW Host Ltd
    is a company incorporated in England and Wales
    with registered number: 12554112
    whose registered address is:
    71-75 Shelton street
    Covent Garden
    London
    WC2H 9JQ and it operates the Website https://www.dwhost.co.uk/The registered VAT number is N/A.You can contact:
    DW HOST Ltd
    by email on office@dwhost.co.uk