Developer Terms and Conditions

WEB HOSTING
By using The Web Portfolio, you agree to all of the web hosting terms of services listed below.

Terms of Service may be subject to change
Due to the changing nature of our business and the web hosting industry these terms of service may change or be completely rewritten without prior notice from time to time. All changes will be sent to the client (you) by email or attachment. Your continued use of the services we provide mean you accept the changes we have made.

Provision of Services
We will host your website on one or more servers in exchange for the amount you pay us, in advance, as long as you abide by the terms and conditions set out on this page and any other terms or agreements that relate to the services that we may provide to you. We will provide the services according to the specifications list for the web hosting package you select during the sign up process. To clarify, when we use the term "service" or "services", or "hosting plan", or "hosting package" this refers to the web hosting services that we will provide you. The term " The Web Portfolio", "us", "we" refers to The Web Portfolio.

Permission to use and host your content
When we host your website, it is required for you to send (upload) your files, databases and other content to our servers. When you upload this content you must be aware that you're creating a copy of your content on our servers. When you purchase a hosting package from us you agree that these copies are being made, and give us permission to make these copies available to other users on the Internet. It is your responsibility to provide all the content and other relevant data to make your website.

Your Personal Information
When you order a hosting package, you give us your personal information - such as your name, address, phone number and email. This is transmitted across the Internet to our server via a secure connection which is used to encrypt sensitive data.
Except for the cases below We will not sell, lend, or make available your personal information to any third party in any way unless given a court order to do so.
Please be aware that when you register a domain name your personal details may be visible when a user of the internet performs a 'WHOIS'. You can hide this data by signing up for 'Domain Privacy' during the sign up process.
Please be aware that when you register a .UK domain, Nominet will be given your name, address and phone number. This is in line with their Terms and Conditions for domain registration - these Terms & Conditions can be read here: http://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/
When you sign up, you give us consent to be phoned or emailed by a representative of The Web Portfolio at the telephone number you provide us or be emailed our newsletter.

Domain Registrations
When taking advantage of a 'free domain' with every hosting plan, you acknowledge that the domain will remain the property of The Web Portfolio for a period of 90 calendar days after the domain has been registered. If the associated hosting account is canceled, terminated, suspended or renamed to another domain and you wish to keep/use this domain by either changing the name servers, pointing the domain to another hosting provider, transferring the domain to another hosting provider then a release fee of £15 will be charged. You agree that the domain included with your hosting is built into the price of your hosting account and the price of that needs to be recouped when possible.

Domain Renewals
The Web Portfolio does all it can to ensure domains are renewed in a timely manner, particularly free domains supplied with hosting accounts. However it is the customer's responsibility to make sure that their domain is renewed on time, even if it is a free domain supplied with a hosting account. When a domain goes out of registration for more than 30 days a redemption fee is put upon the domain by our registrar ENOM (not us). The redemption fee is $250 and must be paid if the domain is going to be renewed. The domain will already have been out of use for a 30 day period by the time this happens, if the domain stops working suddenly it is the customer's responsibility to contact us within 30 days of it stopping working, at which point we will renew it. For domains that are left past 30 days and have had the redemption fee added by our domain registrar, The Web Portfolio unfortunately cannot be held responsible to pay the redemption fee, the customer must pay this if they want their domain renewed for a further year or more.

Backups
We will do our best to maintain backups. These backups are written onto our systems and are subject to be overwritten at anytime by newer versions. The back-ups should include both MYSQL Databases and Files uploaded via the FTP. Thus you are encouraged to make your own regular backups for MYSQL Databases where applicable in our systems.
The Web Portfolio will not be held responsible for any loss, loss of service or damage to your content, web site, domain name, email, or any malfunctions or service interruptions caused by any failure of your website or our hardware or our provider's hardware.
You are solely responsible for maintaining an emergency plan in case any of your data is lost or inaccessible.
The Web Portfolio, although performing backups, cannot guarantee that the contents of your web hosting package will never be deleted or corrupted, or that a backup of your website will always be available. Customers should always keep a copy of all content sent and received by The Web Portfolio on a local computer or separate remote backup system. We do not keep backups of emails; it is the Customers sole responsibility to keep all copies secure and to make regular backups.

Acceptable Usage and Illegal Activity
The Web Portfolio does everything possible to maintain a high level of service, many customers are highly dependent on our high standards. To maintain these standards we will not provide services and therefore we reserve the right to immediately suspend or terminate people who are using our services for:
Hacking, including but not limited to penetrating or attempting to access, without authorisation, another computer or network. Port scanning, stealth scanning, fraudulent credit card, PayPal, bank account, "phishing" techniques, identity fraud.
Hosting files or other data which infringes on another's copyright or intellectual property rights.
Spamming, or sending of bulk unsolicited email. We maintain a very strict policy on spamming, which includes the sending of unauthorized messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service and charge you £1.00 GBP for every spam email sent since your account was activated, and charge £250 per hour per member of staff who is engaged in removing our servers from spam lists and remote blocking lists, based on reasonable indications that you are engaged in spamming of any kind.
Uploading or linking to content that violates another's right of publicity or privacy.
Uploading or linking to content that violates another's copyright or intellectual property

Content
All services provided by The Web Portfolio may be used only for lawful purposes.
You agree to indemnify and hold harmless The Web Portfolio from any claims resulting from the use of our services.
Use of our services to infringe copyright or trademark is not allowed. This includes but is not limited to the unauthorized copying or photographs, artwork, music, books, tv episodes, movies, cartoons, advertisements or any other copyrighted work. The offer of selling any counterfeit merchandise of a trademark holder will result in the immediate termination of your account without prior warning. If you believe that your copyright or trademark is being infringed upon, please email abuse abuse@thewebportfolio.co.uk with as much information as possible

Unacceptable material on all servers
Below are some examples of unacceptable material that cannot be hosted on our shared servers, these include:
Spam scripts, mail bombers, irc servers, live chat scripts, chat rooms, brute force programs, ip scanners, hate sites, hacker focused sites, sites promoting illegal activities, muds, rpgs, lottery sites, banking programs, autosurf sites, forex or egold exchange, investment sites, commercial audio streaming (more than 1 stream), topsites, scoring or ban management scripts for game servers such as hlstats or other scripts which perform these sorts of functions, affiliate servers, banner-ad services, image/file serving services (similar to rapidshare, photobucket), filedump, mirrors, irc bots, proxy scripts, anonymizers, pirated software, website scraping tools, website data aggregation, shell scripts, ddos scripts.
Potential harm to minors is STRICTLY FORBIDDEN. This includes but is not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice and the customer's details will be provided to the police along with all logs, ip addresses and all data we have on the customer.
Offering video or audio streaming or downloads, mp3 files, games and shareware is not permitted.

Further exclusions
The Web Portfolio reserves the right to refuse service to anyone. Any material that, in our judgment, is illegal, threatening, obscene or violates our terms of service in any manner may be removed from our services (or suspended) with or without notice.
Failure to respond to an email or phone call from our abuse department within 24hrs may result in suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and have a response within 48hours.
In some cases The Web Portfolio may have to suspend an account prior to contacting the customer, we can accept no responsibility for repercussions of this and will only do it if we deem it to be necessary.
If you're not sure about the acceptability of your site or service, please contact us at abuse support@thewebportfolio.co.uk and we will assist you.

Monitoring & Protection
The Web Portfolio uses a 2^nd provider for some shared hosting accounts and therefore iPage's and The Web Portfolio's servers and all related equipment's are provided for only authorised customer usage. The Web Portfolio and iPage's systems are monitored for lawful purposes, including ensuring that use is authorised, for management of the systems, to protect against unauthorised access, maintain no terms and conditions are being broken, and to verify security procedures, survivability and operational security. Information is recorded, examined, copied and used by The Web Portfolio's staff to maintain a secure infrastructure. Use of The Web Portfolio's services means you consent to us monitoring all systems for these purposes.

Reporting violations
Illegal violations of our terms of service will be reported to the appropriate law enforcement agency.

Protecting your website/services
It is your responsibility to ensure that all scripts and programs installed within your account are secure and permissions of folders are set properly, regardless of whether you or someone else manually installed them manually or used an auto-installer such as Installation. Customers are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as usernames, passwords. It is required that you use a secure password and not to repeat your passwords. If you use an insecure password or repeat your passwords we reserve the right to suspend the account until you agree to use more secure passwords and not to repeat them.
We may audit your site to prevent weak passwords from being used, this can be in a number of ways, including but not limited to brute force password checking.
We will notify you if we find your passwords to be insecure, in some cases we may even be forced to change them and notify you of your new passwords.

File Allowances
All files over 10MB (excluding your backup file) must be linked from your website within the same account and must also be publicly available through the domain name attached to your account. Larger files (over 10MB) shouldn't take up more than 40% of the data on your web hosting account.

Zero Tolerance on Spam!
We have absolutely zero tolerance to the sending of unsolicited email, bulk mail and spam. Purchased lists, safe lists, and double opt-in lists will be treated as spam. Any customer who sends out spam will have their account terminated with or without notice. Sites advertised via spam may not be hosted on our servers either. This includes but is not limited to spam send over email, instant messaging, irc, usenet or fax. No organisation listed with ROKSO may be hosted with us. Any account which results in our IP address(es) being black listed will be immediately suspended and/or terminated. We reserve the right to require changes, force changes, remove files or simply disable any website, or other component of the customer's hosting package that doesn't comply with our policies. We reserve the right to charge the account holder used to send any unsolicited email a fee of £250.00 per hour, plus £1.00 per spam email found in our mail queue or mail logs. The end cost is completely at the discretion of The Web Portfolio.

Availability of Services
We attempt to provide the service 24/7/365 as long as your payments are up-to-date. Sometimes, for a number of potential reasons, the service may be unavailable. You must acknowledge that due to the nature of web hosting technology and the Internet, occasional unavailability of the services cannot be avoided. Sometimes equipment malfunctions; at other times we undertake periodic maintenance procedures or repairs. Other times there are causes beyond our control such as power failures, failure of telecommunication links, hostile network attacks, network traffic and other occurrences. We cannot promise to provide you with an uninterrupted (100% uptime guaranteed) service.

Money Back Guarantee
If an account with a twenty (20) day money-back guarantee is purchased and cancelled within twenty (20) days of sign-up, the User will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Support Team. Refunds made for a twenty (20) day money-back guarantee will not include domain registration fees or setup fees, nor will they include any fees for additional services that are purchased in the first twenty (20) days. If your plan includes a free domain name and you cancel within the first 20 days, a fee for the domain (and any applicable taxes) will be deducted from your refund. If you do not wish to keep the domain name, iPage will take possession of the domain and the fee will not be charged.

The twenty (20) day money-back guarantee is valid for credit-card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the twenty (20) day money-back guarantee for other payment methods.
The following items are not refundable:
Account upgrades
Domain registrations/renewals
SSL Certificates
Installation/setup charges
We reserve the right to cancel your account within 72 hours notice if an event should occur in which evidence exists that a customer was rude or vulgar in communications with our staff.

Overdue Payments, Account Suspension & Termination
If more than 14 days pass from the date which an invoice for the services are due and we haven't received payment in full, we will suspend your account, which means your data files and website will become inaccessible.
We will not temporarily make your files accessible to you if your account is suspended and not up-to-date
If in the following 30 days you pay all the amounts due, bringing your account up-to-date, we will take your account out of suspension and make your data available.
If 30 days pass from the invoice due date, The Web Portfolio will terminate your account. In other words, after 30 days of non-payment we'll delete your hosting account and you waive all rights to your data being retained.

For every calendar month an overdue payment is left, a 2% interest rate will be added to the final payment

Indemnification
If The Web Portfolio is sued or threatened with a lawsuit from a third party because of something you do with the services we provide, you agree to pay all legal fees plus administration fees if The Web Portfolio is found liable or pays to settle the dispute. Not only do you agree to reimburse us for what it costs to satisfy a judgment or settle a case, you also agree to pay The Web Portfolio's attorney's fees and all other costs The Web Portfolio incurs in defending itself. This is called indemnification.

Disclaimer of Warranties
THE WEB PORTFOLIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE WEB PORTFOLIO. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE WEB PORTFOLIO. DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Limitation of Liability
IN NO EVENT SHALL THE WEB PORTFOLIO. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF THE WEB PORTFOLIO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

By using The Web Portfolio, you agree to all of the terms of services listed above.

WEB DEVELOPMENT
By using The Web Portfolio, you agree to all of the web development terms of services listed below.

Definitions

The following terms and conditions document is a legal agreement between The Web Portfolio hereafter "Developer" and "Client" for the purposes of web site design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.

Developer is an Internet web design provider offering the Client graphical design, HTML, CSS, JavaScript and other related computer programming languages.

Acceptance of Work

Quotations are valid for 7 days from date of issue.

When the Client places an order to purchase a web site, template or web site updates from Developer, the order represents an offer to Developer to purchase the web site, template or web site updates which is accepted by Developer only when an invoice is sent to the Client. No contract for the supply of services exists between Client and Developer until Developer sends an invoice to the Client for payment. The invoice equals acceptance by Developer (or third party supplier) of Clients offer to purchase services from Developer and this acceptance of work is a valid contract between Client and Developer regardless of whether Client receives the invoice.

Any other services on the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records.

Developer reserves the right to withdraw from the contract at any time prior to acceptance.

Permission and Copyright

All pages, images, text and code on Developer's web site at http://www.thewebportfolio.co.uk (.com) is copyrighted material.

Client and any visitors to the Developer's web site at http://www.thewebportfolio.co.uk (.com) may not use any of the pages, images, text or code on the web site for use on Client's or visitors own web site or to create a web site, templates without prior written permission from Developer.

Copyright of the completed web designs, images, pages, code and source files created by Developer for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the Developer.

These terms of use grant a non-exclusive limited license so that the Client can use the design on one web site on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Developer.

Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and the Developer.

Client hereby agrees that all media and content made available to Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend Developer from any claim or suit that may arise as a result of using the supplied media and content.

Client agrees that Developer may include development credits and links within any code Developer designs, builds or amends.

Client agrees that Developer reserves the right to include any work done for the Client in a portfolio of work.

Material

Developer reserves the right in its sole discretion to refuse to sell design or code to a Client who has a site which it deems is, including but not limited to, unlawful or inappropriate, contains a virus or hostile program, constitutes harassment, racism, violence, obscenity, harmful intent, spamming, contains adult content, commits a criminal offence, infringes privacy or copyright or any other questionable media at Developers own discretion. Developer reserves the right to refuse to sell design or code to those thought or known as competitors of Developer. Client may not purchase design or code for use in development of their own product to directly compete with Developer's design or code. Developer reserves the right to refuse sale for orders from suspect payment or address details or other reason at Developers own discretion. Developer reserves the rights without notice to cancel, reject, refuse sale to or work with a Client without reason for such rejection or refusal.

If at some point you wished to move away from The Web Portfolio, we must receive at least 15days notice with written consent from yourself to our Billing department billing@thewebportfolio.com. To move to another provider with your website template (developed by us), an admin charge of £100 will occur for the website files to be placed on a disk or other device. The domain transfer will be an additional charge.

Domain Names and Hosting

Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client's publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service.

Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the Developer requires to upload the web site if required as part of a project.

Developer reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.

Projects

All alterations for web sites projects are to be requested in writing either by email or postal mail by the Client. After the specified allowed hours of alterations have been completed, Developer reserves the right to advise the Client as such and send a separate quotation to the Client and to request payment for any further alterations. Developer reserves the right to request payment be received for further alterations before continuing work.

Upon completion of an agreed design the Client is asked to confirm in writing by email or postal mail that the design is signed off as complete and agree that any further design alterations are chargeable.

Client agrees to provide any needed information and content required by Developer in good time to enable Developer to complete a design or web site work as part of an agreed project.

Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by Internet browser software. Developer agrees to try and match the design as closely as is possible when building the code.

Developer endeavors to create pages that are search engine friendly, however, Developer gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall Developer be held liable for any changes in search engine rankings as a result of using Developers code.

If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that Developer can apply a nearest available alternative solution.

After site completion, a Client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then Developer reserves the right to quote for work to repair the web site.

Developer reserves the right to assign subcontractors in whole or as part of a project if needed.

Client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure.

All communications between Developer and Client shall be by telephone, email, Skype or postal mail, except where agreed at Developer's discretion.

Web Browsers

Developer shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with Safari, Google Chrome, Opera, Mozilla Firefox latest releases. Client agrees that Developer cannot guarantee correct functionality with all browser software across different operating systems.

Clients agree that after handover of files any updated software versions of the browsers Safari, Google Chrome, Opera, Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, Developer reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.

Payment Terms

All invoices must be paid in full within 14 days of the invoice date and Developer will carry out work only where an invoice has been paid by the Client for the work, unless otherwise agreed at Developers discretion.

Additional work requested by the Client which is not specified in the agreed quotation is subject to a separate quotation and Developer reserves the right whether to quote or accept additional work. If additional work is accepted by Developer may effect timescale and overall delivery time of the project.

The Client can choose either to pay the full cost in one payment or split the cost into 2 payments to be agreed with the Developer. Should the cost be split into 2 payments then the first half of the payment is to be received before work commences and the second payment to be received towards the end of work and before handover of finished files.

Once an invoice is sent to the Client it must either be paid either by bank transfer, or Cheque made payable to "Connor Wilkinson" and sent with proof of posting to the Developer's main postal address, or paid online with major credit card via PayPal secure online payment. Other payment options may be applicable on request.

Developer reserves the right to decline further work on a project if there are invoices outstanding with the Client.

Client may request that the Developer cancel a project in writing by email or postal mail to Developer and the project is cancelled only if Developer confirms work has not been started on the project. If Developer has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay Developer for the work that has been carried out.

All invoices are submitted by email except where required otherwise by regulations or agreed at Developer's discretion.

Developer reserves the right to remove it's work for Client from the Internet if payments are not received.

For every calendar month an overdue payment is left, a 2% interest rate will be added to the final payment

Liability and Warranty Disclaimer

Developer provides their web site and the contents thereof on an "as is" basis and makes no warranties with regard to the site and it's contents, or fitness of services offered for a particular purpose. Developer cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.

The Client agrees Developer is not liable for any bugs, performance issues or failure of their software or of any bugs, performance issues or failure with your host.

The Client agrees that in the case of a problem arising, a snapshot may need to be sent to our support at support@thewebportfolio.co.uk.

Developer endeavors to provide a web site within given delivery timescales to the best of it's ability. However, the Client agrees that Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.

The Client agrees Developer is not liable for absence of service as a result of illness or holiday.

The Client agrees Developer is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

On handover of files from Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

Whilst every effort is made to make sure files are error free, Developer cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then Developer can correct these errors for the Client at it's own discretion.

If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, Developer can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.

Should Client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business; Developer reserves the right to cancel forthwith any projects and invoice Client for any work completed.

Developer shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if Developer has been advised of the possibility of such damages.

There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend

Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet ecommerce.

Developer may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. Developer reserves the right to quote for any updates as separate work. Client agrees Developer is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

Indemnification

Client agrees to use all Developer services and facilities at their own risk and agree to defend, indemnify, save and hold Developer harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney's fees against Developer or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.

Client also agrees to defend, indemnify and hold harmless Developer against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.

Nondisclosure

Developer and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Developer to another party.

Privacy Policy

This website uses website statistical analytics by Google Analytics by Google, Inc. Google Analytics use cookies - text files - stored on your computer to analyse users visiting the website. Your IP address and non-identifiable information is sent to Google servers and used to provide evaluation of website use. Google may send this information to third parties if required by law or where information is processed on their behalf by third parties. Google does not associate your IP address with other data held by them. You can switch off cookies on your web browser but in doing so it may restrict website functionality. In using this website you accept the terms of this privacy policy and consent to the processing of data by Google.

In projects Developer and any third party associates shall use information provided by a Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.

Interpretation

Developer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.

This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.

Developer reserves the right to alter or rewrite the Terms and Conditions at any time without prior notice.

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.

DISCLAIMER

All overdue payments much be settled within 14days of these terms and conditions being set. No further work or changes to the website or domain will the made until the due amount is settled. For an updated invoice please email: billing@thewebportfolio.co.uk. If you have any quires regarding the Terms and Conditions, please contact us at: support@thewebportfolio.co.uk.

In some occasions where the client (you) is subject to The Web Portfolio's account for hosting or development, the clients domain and or data is subject to be transferred via servers without notice. Meaning that if The Web Portfolio was to change onto another server for its personal accounts, the domains your have held with us will also be transferred without your consent.