Terms and Conditions

This Web Site and any content is for information purposes only and South West Design Studio, does not make any representation or warranty (express or implied) and does not accept any responsibility or liability as to, or in relation to, the accuracy or completeness of the information contained on the Web Site or any other written or oral information made available to any interested party or its advisers and any liability in respect of any such information or any inaccuracy on, or omission from, the Web Site is to the fullest extent permitted by law expressly disclaimed.

This Web Site may contain links to other Web Sites, which are not under the control of and are not maintained by us. We are not responsible for the content of such Web Sites. We provide these links for your convenience only but do not endorse nor edit nor vet the material on such Web Sites. We exclude all liability arising or resulting therefrom.

This Web Site, its contents, the services described, and /or supplied pursuant to, the same and these terms and the terms of any such supply shall be governed only by English law and the Courts of England shall have exclusive jurisdiction over any claims/disputes arising in relation thereto.

If any of these provisions shall be declared invalid in whole or in part, such provision shall be severed and the remaining provisions and/or part shall remain in full force and effect.

South West Design Studio may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the, 'then current', Terms because they are binding on you.

Use of this Web Site constitutes acceptance of the South West Design Studio Terms and Conditions.

Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ('Submissions'). South West Design Studio will have no obligations with respect to the Submissions. South West Design Studio and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

South West Design Studio may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Submissions, including but not limited to bulletin boards and the content of such Submissions. South West Design Studio, however, will have no liability related to the content of any Submissions, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. South West Design Studio retains the right to remove Submissions that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.

Acceptance
To request a quote through the South West Design Studio web site clients will have to tick a checkbox to indicate that they have read, understood, and agree to these terms and conditions. A prominent link to these terms and conditions also appears on the South West Design Studio web site.

Placing an order will be taken as agreement by the client to these terms and conditions. South West Design Studio reserves the right to revise its policies at any time, please check this document regularly.

Spamming / unsolicited mail
The sending of Spam from a South West Design Studio server or the use of any domain name that resolves to a South West Design Studio server within Spam mail is strictly prohibited and may result in a warning or, at South West Design Studio's discretion, suspension or termination of the clients account.

In extreme cases South West Design Studio also reserve the right to bill the account holder for time spent by our staff responding to unsolicited mail complaints at the rate of £50 +vat per hour.

Spam is defined as any unsolicited mail sent promoting products or services, whether for profit or not, to a recipient that has not expressly agreed to receive this information in advance. Note that Spam does not need to be bulk mail, a single unsolicited mail is still Spam.

Illegal or unsuitable content
The following items may NOT be stored on our hosting companies servers or transmitted via e-mail using our hosting companies servers / network.

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Local, National or International regulation.

Adult Material - Includes all pornography, frontal nudity, explicit erotic images, racially derogatory material or otherwise obscene or offensive content.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and links to information on any of the above.

Viruses - Any files uploaded to, or transmitted via e-mail through, South West Design Studio servers found to be contaminated by viruses will be deleted without warning and the client will be notified. Repeated uploading of infected files will result in account termination. It is the clients responsibility to check that all files are clean before uploading or transmitting.

Bandwidth / resources usage
South West Design Studio hosting packages are sold with a set allowance of both monthly bandwidth and storage space, if an account is found to have used more than it's allowed resources we will contact the client and ask them to upgrade their package to meet the demands.

In cases of extreme excess usage the owner will be liable, at South West Design Studio discretion, to pay for usage over the allowances. Current 'overage' prices are :

£2 (+vat) per GB of data in excess of allowances (charged in 1GB units).
£2 (+vat) per 50MB storage in excess of allowances (charged in 50MB units).

Please note that overage charges are at South West Design Studio discretion, a small overage on an infrequent basis will not be charged, however if an account holder persistently uses more that their allowance or uses an amount of resources which is greatly beyond their allowances they will be billed at the rates shown.

In rare cases, South West Design Studio may find a client to be using server resources to such an extent that he or she may jeopardise server performance and resources for other clients. If an account is found to be monopolising the resources available, the account will be suspended and the account holder contacted in order to discuss the situation. If no arrangement can be reached, South West Design Studio reserves the right to terminate the account.

File Backup
We perform daily backups of our servers and customer data. Please note, however, that these backups are performed to allow restoration of data by South West Design Studio if there is a server related problem, they are not available to clients to restore files that have been damaged or deleted by the client.

In the event of a non-recoverable server failure we will endeavour to restore the server exactly as it was before the failure (to the point of the last daily backup) including all client data. However we offer no guarantee of 100% restoration of data - it is the clients responsibility to always keep an up to date local copy of their site and data.

Payment policy
Our web design and web development services are charged upon project completion, we do not require a deposit or any other form of prepayment.
Where applicable all other services, excluding web design and development, will be charged by 12 monthly payments over a minimum term contract of 12 months.

Although South West Design Studio reserves the right to change the prices of provided services at any time all pricing is guaranteed for the full period of the 12 month contract.

Clients will automatically be billed unless written cancellation notification has been received by South West Design Studio.

The client is responsible for all charges accumulated on their account from the time it was established to the time that South West Design Studio receives a written cancellation request.

Services can be cancelled after the first 12 months by giving us at least 30 days’ notice.

To cancel a service:

Call us on 01726 891577

Write to us at:
South West Design Studio Limited.
Dells Barn, Great Skewes
St Wenn
Bodmin
Cornwall
PL30 5PS
United Kingdom

Email us: support@swdesignstudio.co.uk

If a clients account, for whatever reason, falls into arrears South West Design Studio reserves the right to suspend the account until the outstanding charge is received successfully. In addition, South West Design Studio reserves the right to suspend any other services provided to the client until the outstanding debt is cleared.

If the account falls more than 7 days in arrears South West Design Studio reserves the right to cancel the account and delete all related files.

South West Design Studio reserves the right to cancel services at any time.

Domain Availability
We make no representation that the domain name you wish to register is capable of being registered by or for the client or that it will be registered in the clients name. The client should therefore not assume registration of your requested domain name(s) until notified that it (or they) have been registered. Any action taken by the client before such notification is at their own risk.

Continued Domain Availability
South West Design Studio give no warranty that your domain name is or will continue to be available for use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects use of your domain name.

Domain transfer and release
South West Design Studio apply no charge for releasing or transferring a domain to another provider - permission for release or transfer must be supplied by the client in writing, e-mail notification must include sufficient information (including main account password) to prove that the sender is in fact the account owner.

South West Design Studio will not release any domain name to another provider if the clients account is in arrears.

Domain Naming authority terms and conditions
The registration and use of any domain name is subject to the terms and conditions of use applied by the relevant naming authority. It is the clients responsibility to ensure that they are aware of those terms and conditions and comply with them. The client shall have no right to bring any claim against South West Design Studio in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority.

.uk domains are subject to Nominet's terms and conditions which can be found here.

Domain Name Disputes Liability
South West Design Studio shall have no liability in respect of the use by the client of any domain name and any dispute between the client and any other party must be resolved between the parties concerned in such dispute.

Client Confidentiality
In the course of serving its clients South West Design Studio acquires, stores and transmits client communications and information that clients may regard as private or sensitive. Some of this information (such as the client's name, address and telephone number) is provided to South West Design Studio by its clients in order to establish service. Other information (such as the client's account status, choice of services and client logs) is created and maintained by South West Design Studio in the normal course of providing service.

South West Design Studio will not disclose any clients personal and account information unless South West Design Studio has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of South West Design Studio, South West Design Studio's clients, or others, or where South West Design Studio has a good faith belief that the law requires such disclosure.

Electronic commerce laws
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect and defend South West Design Studio against any claim, suit, penalty, tax or tariff arising from the clients exercise of Internet Electronic Commerce.

Any client taking orders and / or payments via a web site hosted with South West Design Studio MUST always display accurate and up to date contact information on their web site. Failure to provide accurate and current information may, at South West Design Studio discretion, result in a warning or suspension of the clients account until such details are provided.

Force Majeure
South West Design Studio shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental act or directive, war, riot or civil commotion, equipment or facilities shortage which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.

Indemnification
When using a South West Design Studio account the client agrees that it shall defend, indemnify, save and hold South West Design Studio harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against South West Design Studio, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns.

The client agrees to defend, indemnify and hold harmless South West Design Studio against liabilities arising out of :

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with South West Design Studio servers.

(2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party.

(3) claims of liable, slander or defamation of character of an individual or organisation originating from documents installed by the client on South West Design Studio servers.

(4) copyright infringement.

(5) any defective products sold to client from a clients site hosted on a South West Design Studio server.

Disclaimer
South West Design Studio will not be responsible for any damages your business may suffer. South West Design Studio makes no warranties of any kind, expressed or implied for services we provide. South West Design Studio 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 South West Design Studio and its employees.