Terms and Conditions of Service
1. Acceptance of Terms
These terms and conditions (the “Agreement”) govern the use of the website design and hosting services (the “Services”) provided by Oban Web Design (the “Company”). By accessing and using our Services, you agree to be bound by the terms and conditions outlined in this Agreement. If you do not agree to these terms, please do not use our Services.
2. Service Description
a. Website Design: The Company offers custom website design and development services. The scope, timeline, and fees for each project will be determined through a separate agreement, proposal, or quotation.
b. Website Hosting: The Company provides website hosting services, which include server space, bandwidth, email accounts and technical support as specified in your hosting plan.
3. Payments
a. Website Design: Clients are required to make payments as specified in the project agreement, proposal, or quotation. Payments may include upfront deposits, milestone payments, or full project fees. Failure to make payments may result in project suspension or termination.
b. Website Hosting: Hosting fees are billed on a recurring basis and are due in advance. Failure to make hosting payments may result in suspension or termination of hosting services. It is imperative to provide Oban Web Design with a minimum 30-day advance notice regarding the cancellation of hosting or domain accounts. Failure to adhere to this requirement may lead to the continuation of accounts and the associated costs incurred.
c. Website Design / Hosting: Cheques are no longer accepted forms of payment. Payments must be made via BACS.
4. Intellectual Property
a. Website Design: The Company retains ownership of any custom code, graphics, and templates created during the website design process until full payment is received. Upon payment, ownership is transferred to the client.
b. Website Hosting: The client owns the content of their hosted website. The Company is not responsible for any content, data, or materials hosted on the client’s website. Any clients uploading or displaying any illegal content will have their account(s) terminated immediately.
5. Service Level Agreement (SLA)
The Company will make every effort to ensure your website and hosting services are available and operational. However, we cannot guarantee 100% uptime. Downtime for maintenance or unforeseen events may occur. Please refer to our SLA for more information on our service commitments.
6. Privacy and Data Security
a. The Company takes your privacy and data security seriously. Please refer to our Privacy Policy for details on how we collect, use, and protect your personal and website data.
7. Termination
The Company reserves the right to suspend or terminate services for clients who violate these terms and conditions, fail to make payments, or engage in unlawful activities.
8. Limitation of Liability
The Company is not liable for any direct or indirect damages resulting from the use or inability to use our services, including but not limited to loss of data, profits, or business interruption.
9. Changes to Terms
The Company reserves the right to update or modify these terms and conditions at any time. Clients will be notified of changes, and continued use of our services implies acceptance of the updated terms.
10. Governing Law
This Agreement is governed by and construed in accordance with the laws of Scotland and the UK. Any disputes will be subject to the exclusive jurisdiction of the courts of Scotland and the UK.