For a more friendly version of our terms & conditions please click here.
 All orders placed are accepted on condition that the wording complies with current legislation and confirms to the provisions of the British Code of Advertising Practice (please click here to view).
Definitions and Interpretations: This agreement refers to the following terms to have the following meanings:
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'The seller' means ‘E Web site Factory Limited'.
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'The Client' means any authorized person, company, partnership, organization or body at whose application, the ‘Seller' agrees to provide products and/or services or any person whatsoever who uses the services through you or on your behalf under the terms of this agreement.
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'Services' means any service or facility provided by the ‘Seller' (please click here for a list of services as applied to this site).
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'The Agreement' means the contract between the client and ‘Seller' to which these conditions apply. Agreements must be supported by printed document and must bear the clients and/or ‘Sellers' signature where appropriate. No verbal agreement will be entertained.
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'The Order Form' means the use of any digital or printed document (identified by referring to the markings of the Order Form “FORM ECN”) completed by the client in order to enter the Agreement.
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'Order' is the request made by the client for products and/or services in the order form/agreement.
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'Site Completion Acceptance' means 48 working hours from informing client via means of either an e-mail or telephone by the ‘Seller' for approval by the client, without notification from the client that the site is unsatisfactory.
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'Deliverables' Are outputs of products and/or services to be supplied under the agreement.
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'Agency' means any authorized person, company, partnership, organization who enters into a contract on behalf of a/their client with the ‘Seller'.
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'Working days' These refer to the days classed as the 'Sellers' working days and relate to the days Monday to Friday inclusive between the hours of 0930 hours to 1800 hours. We may however be contacted outside of business hours via our mobile phones at any time for emergencies or at reasonable times for any other queries.
Scope: This agreement shall apply to all products and/or services ordered by the client from the ‘Seller'.
Copyright: Any individual web page, design or entire site designed and developed by the ‘Seller' carries a copyright, and cannot be reproduced in whole or in part without written consent from the ‘Seller'. The placing of an order by the client or other persons/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design, images and photographs, for use in the advertisement via a Web site application. The client/agency must indemnify the ‘Seller' in respect of all actions, proceedings, costs demands and claims arising from any such breach.
Precautions: Advertisements must comply with the Business Advertisements (Disclosure) Order 1994 Amended in 1997) (please click here to view) and the Trade Descriptions Act 1968 (please click here to view).
Payment of Fees: An up front payment of 50% of the total fee agreed upon is due with an order, unless otherwise agreed, in which case payment is due upon completion of the site upon agreed credit terms if any. The ‘Seller' reserves the right to alter/change the pricing of the services it provides from time to time in order to accommodate variations and market trends. Whilst any payments due under the agreement remains outstanding, the ‘Seller' shall be entitled at its sole and absolute discretion to withhold provision of products and/or services it would otherwise be obliged to provide under the agreement. All payments either in the form of a cheque or a direct deposit made into our business account must be made in pounds sterling. A £35 penalty will be imposed on the client/agency in the case of a returned cheque or a cancelled cheque after it has been issued. The client or agency must forward any balance outstanding after the web site has been accepted to the ‘Seller' within 7 days from the Tax Point on the invoice unless otherwise agreed up on.
If it is anticipated from the offset that the completion date is to extend past a period of 25 working days or more, then the client agrees to provide the 'Seller' with an initial up front payment of 50% of the total fee with the placement of an order, followed with part payments invoiced at interval of every 10 working days until the site is completed.
Delivery: On completion of work, the deliverables will be uploaded to a sample sites/client area of the ‘Sellers' Web site for approval under the terms of the agreement. Upon approval by the client, the deliverables will be uploaded to the clients server, where the clients site is being hosted by a third party arranged either by the ‘Seller' for a term not lasting more than one year or by the client, the ‘Seller' reserves the right to delay uploading of the deliverables until payment has been received in full or the client contributes via an action that results in a breach to the terms and conditions laid out in this agreement.
Guarantee: In the event that the client disapproves with the design of their Web site, they are entitled to request changes be made to a reasonable and suitable level. In the event that the client is not satisfied with the Web site or changes made to their Web site they are entitled to a full refund of the design fees. Additional charges including but not limited to: stock photography, custom graphics, online transaction processing solutions, domain name registration, web space rental, internet connection provided by third parties are non refundable.
 Refunds: Cancellations must be made either before any work commences or as soon as possible in writing to the ‘Seller'. Should the client be totally dissatisfied with their Web site upon completion, they will refrain from having any further work or changes being requested at time of approval as this will prevent a reduction in their refund for any further work/changes carried out and should be expressed in written form to the ‘Seller'. In any case cancellations may be subject to a charge, if expenses have been incurred in respect of additional expense from third parties including but not limited to: stock photography, custom graphics, online transaction processing solutions, domain name registration, web space rental, internet connection. Where possible third party products will not be purchased until the design has been approved. All such cancellations must be initiated immediately by way of an e-mail or telephone call to the ‘Seller' and then furthermore in writing within 3 days from the time and date stamping on the email sent out by the ‘Seller', otherwise refunds will not be entertained.
Restrictions: The products and/or services provided by the ‘Seller' must not be used for:
- Chain letters, junk mail or spamming where the receiver has not provided complete permission.
- Providing information, which is deemed by the ‘Seller' to be either threatening, abusive, harassing, distasteful, or obscene.
- Non-compliance with any applicable laws. A non-exhaustive list of such laws includes intellectual property rights, libel, and defamation.
The services are provided by the ‘Seller' for the sole use of the client and the client is not permitted to without limitation, sell, rent or exchange the services to a third party.
Any breach to any of these conditions will result in the immediate termination of the agreement and no refunds will be entertained.
Terminations:
This is an annual agreement that automatically terminates at the end of the agreed term unless the client notifies in writing to the ‘Seller' of their intention to renew/continue their maintenance plan for a further agreed term. The ‘Seller' will notify the client no less than 28 days before the termination date a reminder. The ‘Seller' may also terminate this agreement by written notice to the client with immediate effect if:
- The client is in breach of the terms and conditions of this agreement.
- The supply of services may expose the ‘Seller' in its reasonable opinion to the risk of civil or criminal proceedings.
- The client as a company has passed a resolution for voluntary insolvency.
- A petition for bankruptcy is presented against the client.
- A receiver, liquidator or trustee in bankruptcy is appointed over the client's assets.
- The client enters into any arrangement with it creditors.
- The client by use of the services is contravening applicable laws or acceptable usage policies of the Internet.
Any breach to any these conditions will result in the immediate termination of the agreement and no refunds will be entertained.
 Limitations of Liability: The ‘Sellers' liability to the client in relation to this contract under tort, contract or otherwise is limited to the fee paid for the services in respect of which the alleged breach or tort has arisen in the 12 months preceding the event in which the liability has arisen. In no event will the ‘Seller' be liable to the client for any indirect or consequential damage or loss either in contract, tort or otherwise. The client agrees that no actions or claims by the client can be made validly against the ‘Seller' after 12 months have expired following the event in which the liability has arisen. The client agrees to ensure all purchases of domain names are thoroughly checked for spelling errors prior to carrying out any transactions and must ensure minimum registration durations are clearly understood.
Indemnity: The client shall indemnify the ‘Seller' and hold the ‘Seller' harmless from and against any breach of the terms and conditions by the client as well as any claims brought against the ‘Seller' by a third party resulting from both the services provided by the ‘Seller' to the client and the clients use of the services including all claims, losses, damages, liabilities and expenses (including, without limitation, reasonable legal costs), however incurred by the ‘Seller' as a consequence of the clients breach of this agreement.
Matters outside the sellers reasonable control: No liability shall arise on the part of the ‘Seller' for any delay or failure in the performance of any aspect of these terms and conditions or breach of contract arising from circumstances outside the ‘Sellers' control. A non-exhaustive list of circumstances outside the ‘Sellers' control include, but not limited to: Force Majeure, war, riot, explosion, abnormal weather conditions, acts of God, fire, flood, Government action, strikes, lockouts, and failure by other third party service providers.
Acceptance of Conditions: The placing of an order either by means of digital or printed document will confirm acceptance of the aforementioned conditions. Any inconsistent terms or conditions stipulated on our Order Form that the client may seek to introduce shall have no effect and shall be regarded as void, if they are in conflict with our terms and conditions.
Changes to terms and conditions of business: The 'Seller' reserves the right to make amendments or append any further terms & conditions of business as seen fit by the 'Seller' in order to better protect the client and the 'Seller' who enter into this agreement, and without any prior consent or notice.
Customer and user information storage: The 'Seller' does and will hold all client and site users details/data on an online password protected database for the sole purpose of research and analysis. The 'Seller' does not and will not sell or rent this information either in part or in whole to any third party. Any such stored data on an internet server will be transferred from that server to our own storage medium to minimise the risk from malicious users and to protect your privacy issue, at timely and random intervals as seen fit by the 'Seller'.
Law: These conditions and all other express terms of contract shall be governed and construed in accordance with English Law and the client will hereby submit to the non-exhaustive jurisdiction of the English courts.
For a more friendly version of our terms & conditions please click here.
Terms & Conditions related to the use of this site
Please read these terms of use carefully before using this web site
 Use of his web site constitutes your acceptance of these terms and conditions, which take effect immediately on your first use of this web site. If you do not agree to these terms of use, please do not use this web site.
Restrictions on use of materials: This web site is owned, operated and maintained by ‘E Web site Factory Limited' referred to as ‘Seller' herein.
No material from this web site may be copied reproduced, republished, uploaded, posted, transmitted or distributed by any means in any way without prior written consent from the ‘Seller'. You may however download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. You may not make any further copies that would result in a breach of the above.
Modification of the materials or use of the materials for any other purpose is a direct violation of the ‘Sellers' copyright and other proprietary rights. The use of any such material on any other web site or an intranet computer environment is prohibited. Except as otherwise indicated on this site and except for the trademarks, service marks and trade names of other companies that are displayed on this web site, all trademarks, service marks and trade names are the proprietary to the ‘Seller'.
Disclaimer: The materials in this web site are provided ‘as is' and without warranties of any kind either expressed or implied. To the fullest permissible pursuant to applicable law, The ‘Seller' disclaims all warranties, expressed or implied, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The ‘Seller' does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free from viruses or other harmful components. The ‘Seller' does not warrant or make any representations regarding the use or the results or the use of the materials in this web site in terms of their correctness, accuracy, reliability, or otherwise.
Limitations of Liability: Under no circumstances, including, but not limited to, negligence, shall the ‘Seller' be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this web site, even if the ‘Seller' or a ‘Sellers' authorized representative has been advised of the possibility of such damages. In no event shall the ‘Seller' have any liability to you for damages, losses and causes of action, whether in contract, tort, including, but not limited to, negligence, or otherwise for accessing this web site.
Terms & Conditions related to Products and/or Services supplied by this site
Packages: This refers to any of our standard web site bundled packages. Currently these are:
- Silver Package
- Silver Plus Package
- Gold Package
- Gold Plus Package
- Platinum Package
- Platinum Plus Package
 All packages form an annual agreement that automatically terminates at the end of the agreed term unless otherwise agreed upon. All packages include an appropriate maintenance plan that automatically terminates at the end of the agreed term unless otherwise agreed upon. All packages include a domain name chosen (and presented to the 'Seller' in either digital or printed document format prior to registration) by the client and registered to the client (if available at time of registration) for a period not extending 1 year. Should the client already have a registered domain name, any costs incurred in transferring from the existing domain name registrar will be payable by the client.
The client may not request a copy of their web site in a digital or any other format other then that which will be uploaded to their server upon completion due to copyright and intellectual property rights of various software/scripts which would otherwise provide the client with the means to profit without, consent from the 'Seller'. Scope of Packages: The ‘Seller' will notify the client no less than 28 days before the termination date of any package, maintenance plan purchased, a reminder for renewal. It is then up to the client to heed this reminder and either continue with the provision of the services provided by the 'Seller' for an agreed fee or seek these services from a third party of their own choice. should the client opt to continue with the provision of the 'Sellers' services (the client will be required to respond to this renewal offer by means of an email or a written document), then the client will be entitled to a discount of 30% of the total cost towards a hosting plan. Any maintenance plan, domain name re-registration and the discounted hosting plan costs or any other services required will be paid in full prior to provision of any services provided by the 'Seller' and in any case no less than 15 working days in advance prior to the existing services date of termination. The client cannot hold the 'Seller' responsible if the domain name is not available for re-registration should the client not act accordingly to the timescale as stated in this agreement.
Maintenance Plans: The maintenance plan consists of a number of updates performed on the clients web site by the 'Seller' at the clients request at various times throughout the agreed term. The client in any one calendar month may request no more than 2 updates unless otherwise agreed by the 'Seller'. All content to be updated must be provided to the 'Seller' in either digital or printed document format no later than 3 clear working days prior to the required date of the update. No work or modifications will be carried out on the clients web site unless all content that is required to be updated has been provided to the 'Seller' by the client. The 'Seller' at their sole and absolute discretion may or may not accept any content for updating if the content is supplied in less than 3 clear working days or is deemed illegal by the ‘Seller'. .
Commencement of order: The 'Seller' reserves the right to delay the commencement of any work to the clients order until all content in the way of images, price lists, company colour scheme, company logo and any other such material required for the commencement of the development process has been fully provided either in digital or printed document format by the client.
Consultation sessions: The 'Seller' agrees to provide the client with up to 4 free consultations where each consultation can last up to 1 hour each and must be pre-booked in advance during normal hours of business. The 'Seller' at its sole and absolute discretion can refuse any meeting after business hours. These free consultations can either be used by the client on an hourly basis or any combination of hours not lasting more than 4 hours in total. Should the client require further consultations after the initial first 4 free consultations provided by the 'Seller', these will be charged at a rate of £35 per hour or part of an hour and can be arranged during normal working hours of business or at a rate of £45 per hour or part of an hour if booked in advance after the normal hours of business.
Supply of material: The client must provide all material that the client wishes to include for the creation/development of their web site. All material supplied by the client to the 'Seller' must confirm to the terms and conditions of this agreement. The client will not hold the 'Seller' for any copyright and intellectual property infringements should this occur either with the agreement in force or outside of the agreed term. The 'Seller' may for a fee agree to provide various specialised services either through the 'Seller' or a third party who may specialise in that area of work.
Quotations & Estimates: Any quotations or estimates raised by the 'Seller' will be valid for a period not extending 10 working days. This is to ensure both the client and 'Seller' are protected against, including but not limited to, market or seasonal fluctuations, change in the prices for services provided by third parties.
 Self Maintenance: If the client has opted for the option of maintaining their own site in order to update their content on a more frequent basis or in order to gain full control of the contents of their site, excluding but not limited to: copyright, intellectual property, and any third party services, and to provide a more realistic and up to date content for their audience, then it should be clearly understood that the 'Seller' will be released from any kind of maintenance or assistance off and is not obliged to provide any updates or modification to the site once it has been accepted and uploaded to the clients server. Furthermore if the site ceases to function, the client will not hold the 'Seller' responsible if the cause of the malfunction was caused by an act of the clients doing, in which case the 'Seller' may or may not at it's sole and absolute discretion decide to rectify and put right any defects for the client for a fee payable in advance. All obligations to the client from the 'Seller' cease once a fully functional web site has been accepted, fully paid cleared funds have been received and the site is uploaded to the client's servers web space.
The client must clearly understand the following: To perform routine updates, the ‘Seller' will provide the client with an easy to use interface control panel (via a username/password protection), through which the majority of updates may be carried out. The interface can only be designed to allow updates of a textual entry nature and does not allow images to be uploaded to the server. Thus the client would need to purchase additional software called ‘FTP – File Transfer Protocol' that would allow the client to upload images to their web site. The ‘Seller' would be able to advice the client to some of the more popular FTP software available on the market. The ‘Seller' will not provide any training on how to use third party software. It is up to the client to become accustomed to the operation of any such third party software.
The client will not hold the 'Seller' liable for any proceedings brought against them from a third party or anyone else for disclosing by updating content, which is deemed to be either threatening, abusive, harassing, distasteful, or obscene. In any case all links associated to a site that is maintained directly by the client will be removed by the 'Seller' prior to releasing that site to the client thus resulting in no association with the content provided within that site.
Self-maintenance options do not include any provision for any training sessions on how to maintain that site. The client is encouraged by the 'Seller' to purchase such training provided by the 'Seller'. The training sessions are made available on a one to one basis with the client in either 1, 2 or 3 hour sessions. A printed copy of the instructions is provided for the client to keep for future reference. Training sessions are charged on a person basis.
Sellers Link: A link that will be placed at the foot of the clients site to enable the audience of your web site to report directly to any technical issues or bugs within your site. we reciprocate this by uploading your complete web site into the sample sites area of our own website for a period as seen fit by E Website Factory Limited, this will help promote you. It also ensures any technical queries raised by your web site user can be forwarded directly to us if you so wish so that we may act on them accordingly leaving you free to concentrate in running your business more efficiently. This service does not apply to clients who wish to maintain their own web sites.
Username and Password recovery: Most of the choirs of updating or editing content on the site can be done whilst the site is active, meaning that there will be no down time in shutting down the site to maintain it, this makes it more productive and profitable for the client. In order for the maintenance of the site to be carried out, the client would require a username and password, which the 'Seller' will provide. If the client forgets the username and/or password, then the 'Seller' can retrieve these details for the client for a nominal fixed fee of £50 payable in advance.
Ownership of Logos, Graphics or Flash Intro's: Any logo's, graphics or flash animated intro's created by the 'Seller' on behalf of the client will result in the client acquiring full ownership and copyright of the product upon receipt of cleared funds. The client will not gain ownership and/or copyright for scripts, which were created by the 'Seller' or any other third party to whom ownership and copyright belong to. In these cases, the client is granted license to use these only within their own web site and only whilst you legally own that site, you cannot claim ownership or sell these systems/scripts to any other company or body either in whole or in part. Examples of these include, but not limited to: shopping cart software/scripts, mailing scripts, bulletin boards (discussion forums), database management systems/scripts, search engine scripts, stock photography.
Disputes: Should a dispute arise and any or all work carried out results in part or non-payment, we reserve the right to retain any deposits or part payments if any, and also to recuperate any losses by means of selling on that service to other clients who show interest or by any other means seen fit by the 'Seller' providing the reason for the dispute did not originate from us, and in any case, any said dispute(s) against the 'Seller' will hereby be submitted to the non-exhaustive jurisdiction of the English courts.
For any enquiries regarding our aforementioned Terms & Conditions, please contact us.
For a more friendly version of our terms & conditions please click here.
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