You will find below our terms of usage of this website and conditions of engagement of services with Pat Howe Web Solutions (PHWS) trading as My Web Minder (MWM). We believe in plain English usage and try to avoid technical terms where possible. All references to MWM apply equally to PHWS. If you need to clarify anything or need any further information please feel free to contact us.

Terms and Conditions

Effective date: 28 September 2009 | Issue Date: 28 September 2009.

Caveat emptor

By placing an order with My Web Minder, you confirm that you are in agreement with and bound by the website design terms and conditions below. These terms apply to all projects undertaken without exception. Any individual terms and conditions issued, may be used in addition to this declaration but are not exclusive of. Please retain all documentation issued for your records.

Definitions

The Client: The company or individual requesting the services of My Web Minder. A visitor of this website is treated as a perspective client and is bound by the same agreement. The client or perspective client (visitor) of this site may also be referred to as ‘you’.
My Web Minder: The primary provider of the services involved in the project & employees or affiliates (including those under any other trading names such as Pat Howe Web Solutions). My Web Minder may also be referred to as ‘our’, ‘we’, ‘us’, ‘PHWS’ or ‘MWM’.

General

MWM will carry out work only where an agreement is provided either in person, by email, telephone, mail or fax. MWM will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between MWM and the client, this includes telephone and email agreements.

A project timescale will be discussed during the consultation period and a completion time line will be agreed in principle. This agreed timeline will be confirmed upon receipt of ‘cleared funds’ only. This date will then be added to the contract and will become legally binding.

Usage of services provided on other web sites may come with their own terms and conditions and if so will be in addition to the terms and conditions stated here.

Database, application and e-commerce development

Any scripts, applications or software (unless specifically agreed) written by MWM remain the copyright of MWM and may only be commercially reproduced or resold with the permission of MWM.

Where applications or sites are developed on servers not recommended by MWM, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed.

The client is expected to test fully any application or programming relating to a site developed by MWM before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, MWM will endeavour to correct these issues to meet the standards of function outlined in the brief.

For software purchased as part of a project development, MWM will offer technical support and advice in line with the terms agreed at the project outset. This is restricted to officially purchased software used within the project development.

Remote webmaster services

In receipt of this service you can expect the following services (dependent on your pack selection):
– Store content management including new product addition
– Manage price changes/reductions as requested by you
– Code additions where required (advanced feature installations)
– Order management services and email notification for you to service
– Updates to site once released
– Unlimited support regarding control and management of distribution
– Search engine performance reviews and action where required
– Dedicated issue resolution helpline & ticket system
– Hosting issue resolution where appropriate

Under these terms and conditions, at no time will MWM be expected to handle, dispatch, order, consult with your customers, advise on internal management issues or source supply chain services.

Force majeure

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, jury service, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

Compatibility

MWM will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the latest version of Microsoft Internet Explorer and Mozilla Firefox web browsing software. Should other browser functionality be required this can be included under project brief additional requirements and may involve additional costs.

Payment of accounts – website or application projects

MWM will issue a quotation that will be valid for 5 days from the date of issue. During this time, we will reserve your project start/completion time. Completion times are subject to requested information being received in a timely manner. Any delay due to non-receipt of requested information, will not render MWM liable for project failure.

All information requested will be dated and catalogued for viewing upon request. All consultations and projects will be subject to our non-disclosure agreement of which, both parties are legally bound until written permission has been supplied to the contrary.

After this time has lapsed, if no confirmation of intent has been indicated, we am no longer obliged to hold this timeline for you and may offer this slot to other parties.

Your project must be paid in line with the schedule below without exception:
DEPOSIT PAYMENT OF 50%: Due 5 days prior to your project commencing.
BALANCE PAYMENT OF 50%: Due within 5 days of your project being signed off by both parties in line with your original project scope WITHOUT DEVIATION.
Until final payment has been received, your project will remain on our development servers.

If you wish to cancel our services at any time after your project has begun you will forfeit any deposit paid and will be liable to meet any expenses as a result of purchases made on your behalf, including but not limited to, domain name purchasing or transfer, web hosting, graphics or template acquisition and any software or add-ons that apply to your specific project. Prior to these being purchased you would have supplied your consent and as such you own these articles.

Payment of accounts – one off small projects

MWM will issue a quotation that will be valid for 5 days from the date of issue. During this time, we will reserve your project start/completion time. After this time has lapsed, if no confirmation of intent has been indicated, we am no longer obliged to hold this timeline for you and may offer this slot to other parties.

Your project must be paid in line with the schedule below without exception:
PROJECT PAYMENT OF 100%: Due within 5 days of your project being signed off by both parties in line with your original project scope WITHOUT DEVIATION.
Until final payment has been received, your project will remain on our development servers. If the One Off Small Project cannot be completed on our development servers then payment will become due before the project in undertaken. This applies to all One Off Small Projects other than regular projects that carry a minimum contract of 12 months.

Should you wish to cancel the contract at any time after work has commenced, you will be liable for ALL COSTS incurred up to the date of your written notice. These costs will include (but are not exclusive to) all software pre-purchased for the project, design and development time charged at our standard rate shown on our pricing page and all incidental hosting fees that may have been applied.

Payment of accounts – regular ongoing projects

Your project must be paid in line with the schedule below without exception:
PROJECT PAYMENT: This project is subject to a minimum 12 month contract and all monthly fees are payable in advance. The first payment is due within 5 days of your project being agreed by both parties in line with your original project scope WITHOUT DEVIATION. All future payments are due within 5 days of the invoice being issued. If payment is not received within this time, your project will be suspended until payment has been confirmed by MWM.

The terms associated with cancellation of the project after commencement will be made available as part of the initial agreement.

Payment of accounts – support/service packs

All services are to be paid for in full prior to our service contract being issued. The payment is on a PER PACK basis and will be either month by month, quarterly in advance or annual subscription. At the time of consulting with MWM, we will indicate all options available to you and the TOTAL COST and PAYMENT FREQUENCY involved.

On all contracts, if payments are overdue by 7 days or more, your services will be suspended without further notice. Your services will be resumed upon receipt of full payment. Your contract dates will not be extended or amended due to non-payment. It is your responsibility to ensure all payments reach us by the date indicated on your invoice.

Should you wish to cancel your contract, we must receive written notice 28 DAYS prior to your desired cancellation date. Any refunds due will fall in line with the below schedule:
SERVICE REFUNDS
ALL PACKS PAY AS YOU GO SUPPORT: NO REFUNDS AFTER 7 DAYS OF RECEIPT
ANY ANNUAL SUBSCRIPTIONS: WHOLE MONTHS REMAINING WILL BE REFUNDED ON A PRO-RATA BASIS.

Software costs

For projects requiring software, these must be either purchased by the client and supplied or paid for in advance to MWM in addition to the required payment terms stated above.

If you require an explanation of software costs which will best suit your needs, please ask us at the consultation stage.

Non-payment

If accounts are not settled or MWM have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (CCJ’s) being added to the client’s credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Complaints procedure

Informal procedure

Anyone who experiences a problem with their web service provided by MWM should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint.

MWM will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to MWM, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

Indemnification

MWM will not be responsible for any damages your business may suffer.

MWM makes no warranties of any kind, expressed or implied for services that we provide.

MWM does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, MWM cannot guarantee to be able to replace lost data.

MWM 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 MWM.

MWM reserves the right to revise its policies at any time.

The Customer agrees that it shall defend, indemnify, save and hold MWM harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against MWM, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the customer, its agents, employees or assigns.

Revision of terms and conditions

MWM may at any time revise these Terms and Conditions without notice by posting changes on-line. Users are responsible for reviewing all information posted on-line and the continued use of MWM websites and services after changes are posted constitute the user’s acceptance of modified Terms and Conditions.