Providing email, I.T support, website design and hosting SERVICES for over 25 years

TERMS OF SERVICE
Terms & Conditions

By engaging Freelance Computers and using or purchasing any products or services, you are agreeing to our terms and conditions as outlined in this policy.

Freelance Computers may revise our Terms and Conditions at any time, (last updated 1st November 2023) without prior notice by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

Please read these terms and conditions carefully before ordering any Services from Freelance Computers. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.

Hosting Service

Freelance Computers reserves the right to refuse service and/or access to its servers and/or services to anyone.

Freelance Computers does not allow any of the following content to be stored on the hosting servers:

1. Adult material – includes all pornography, erotic images, or otherwise lewd or obscene content.

2. Refusal of service based on content matching either of these two criteria is entirely at the discretion of Freelance Computers.

Freelance Computers reserves the right to move your data to a different hosting server with no previous notice.

Freelance Computers will act as quickly as possible in the event of any downtime with your website that has been brought to your attention by either the website hosting company or the Client.

Freelance Computers have access to log files enabling us to monitor bandwidth use, file access, and other statistics, this data assists us in offering support on slow website loading, hacks, and spikes in bandwidth.

Freelance Computers cannot be held responsible for any downtime with your website hosting service and subsequently loss of business due to not being able to view the Clients website.

Expired Services

Should you allow your website hosting services to expire, and subsequently your website is removed from the hosting servers we use, Freelance Computers is not liable to restore your website on any other servers or re-instate your website on the hosting servers we use at our cost.

Domain Name Renewal

If a domain name expires, any website that is currently being hosted for this domain name will be removed/suspended regardless of any time remaining on the hosting service. Freelance Computers are not liable to restore your website to its previous state. Please note that if a suspended domain name is reinstated it can take up to 5 working days for this request to be completed and the website/email back up and running again.

Freelance Computers cannot be held responsible for any downtime in your service and subsequently loss of business due to not being able to receive emails and downtime of the client’s website.

If the Client does not renew their domain name and allows it to expire, it could be made available to the public for purchase, Freelance Computers can not be held liable for this.

Domain Name Renewing – Expired Domain

If you have allowed your domain name to expire, either by deciding that you no longer want the domain name or have not paid the renewal invoice by the due date, you have a Grace Period window of 30 days in order to renew the domain name before it is released to the world. With .com domain names, there is a ‘Redemption Grace Period’ which is from 45 days after the domain name has expired, running for 30 days, but the cost to renew an expired domain name during this period is significantly more.

Hosting Service Transfer and Domain Name Transfer

If the Client chooses to transfer Hosting away from Freelance Computers or transfer a Domain name away from Freelance Computers, a £55.00 + VAT admin charge will be issued. No refund will be made for any outstanding subscription period that the Client may have left on the Hosting Services. If the Client chooses to cancel a Hosting Service with Freelance Computers no refund will be made for any outstanding Hosting Service subscription period. In order to transfer Hosting away or transfer the Client’s domain name away from Freelance Computers, any invoices outstanding related to domain name renewals or hosting service(s) are to be settled in full before the transfer takes place.

If the Client does not renew their Hosting Service before the expiry date the website data and any emails stored on the Hosting Servers will be deleted and cannot be retrieved, Freelance Computers cannot be held responsible for the loss of data. If the Client chooses to re-instate their hosting service after it has expired a charge will be issued in order to re-instate the website and emails back to the original settings based on a per-hour fee. CMS websites generally take 4 hours to restore completely.

Electronic Mail (e-mail)

Freelance Computers reserve the right to check e-mail/webmail systems when errors or issues may arise or if requested by the domain name owner and to monitor e-mail throughout this period. Freelance Computers shall not be liable for the protection of the privacy of e-mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any e-mails transmitted by virtue of the Hosting Services, for any material you upload to or allow to be uploaded to, the Hosting Servers.

Electronic Mailing lists and bulk e-mail send

A limit of 1,000 e-mails per 12 hours is the maximum amount of e-mails that can be sent per domain name account. Please note that we do not tolerate unsolicited email, any customer who abuses this facility will have their account terminated and will be billed £750 VAT.

Mailprotector/Cloudprotect/Microsoft 365 Hosted Exchange Email – 12 Month Subscription

If you cancel your Exchange email services before the subscription expiry date outlined on your invoice a refund will not be issued for the remaining subscription term. If you do not renew your Exchange email service by the due date stated on your annual renewal invoice, any data that is held on the Servers in relation to your Exchange email will be stored for 10 days before the service is cancelled and all email data removed from the exchange servers, which is non-recoverable. Freelance Computers shall not be liable for any data that may be lost if services are cancelled or not renewed before the subscription expiry date. 12-month email subscriptions are non-refundable.

Mailprotector/Cloudprotect Hosted Microsoft Exchange Email – Monthly Service

A monthly exchange email service must be paid for by standing order on the 1st of each month. If a standing order has not been set up then payment must be paid by the due date on the invoice, failure to make payment by the due date will result in downtime with your service. If payment has not been made for any reason you will have a 10-day grace period before the exchange services are suspended, if payment has not been made by 28 days overdue, then the services will be cancelled and all email data will be removed from the exchange servers, which is non-recoverable. A refund will not be issued for the remaining period of the Service subscription.

Please note that Freelance Computers are not liable for any loss of data should you allow your service to become 28 days overdue.

Monthly Exchange email services require a 30-day notice for cancellation.

Microsoft 365 Exchange Email – Microsoft Tenant

Freelance Computers do not allow the client or 3rd party companies to have login details or access the Microsoft Tenant administration system. Our Microsoft Exchange 365 services are fully managed by Freelance Computers and tightly integrated into other services we provide.

Should you decide to move away from Freelance Computers to a 3rd party company, Freelance Computers will remove the domain name associated with the Microsoft Tenant created, in order for the 3rd party company to create a new Tenant and add the domain name to their system. They will then be required to recreate your email accounts within the new Tenant they have created.

Please note we do not release the Microsoft Tenant to the client or 3rd party company.

Should you decide to cancel your service with Freelance Computers, any outstanding subscription period will be lost and is non-refundable.

Mailprotector CloudFilter

As an administrator for Mailprotector products and services and as a managed service by Freelance Computers, we have access to log files for mail flow, blocked email as Spam, Policy Spam, and Virus-attached emails.  This enables Freelance Computers to provide support, release certain policy Spam that should not have been blocked on user request, and monitor email flow to and from email servers for email delivery support.

Website Design Payment

Freelance Computers require 50% of the total cost of the website as a ’deposit’ to start work on your website, this is a non-refundable deposit. The remaining 50% is payable 48 hours before the website goes live, or at the point that the Client starts to actively add their own content to the website in preparation for going.

Once a website deposit has been paid, the client is contractually liable for the full 100% non-refundable total website cost, regardless if they decide to go live or not, and within 18 months of the initial deposit payment.

Website Design – Monthly Maintenance Payments

Monthly Maintenance payments for ongoing updates on client websites are non-refundable. Should a monthly maintenance contract be canceled by the client, any accumulated work outstanding or carried over from the previous month/months will be forfeited.

Website Design

Freelance Computers reserves the right to remove any website design work carried out that has not been paid for, this includes any updated pages or alterations that have been requested. Freelance Computers are not liable to restore the Client’s website to a previous state, a charge will be made for the time it takes to restore the Client’s website on per hour or their part of the basis. Freelance Computers hold all rights to the design, layout, and code of all websites designed unless stated otherwise. Open Source Software is not owned by Freelance Computers or the Client. No unauthorized duplication or distribution is permitted, a copyright statement is embedded into each page designed and must remain intact.

It is the Client’s responsibility to check with Freelance Computers whether Open Source Software is being used or not.

Website Handover – 3rd Party Company/Developer

Once a website has been handed over to the Client/Company/Developer, Freelance Computers is not liable for any issues with the website including; website malfunctioning, plugin updates, theme updates, plugin licenses, theme licenses, and design layout.

Should the Client duplicate the website and distribute it onto different domain names and/or hosting packages, Freelance Computers is not liable for any copyright infringement or license infringements for any plugins or themes used. Any plugin installed after the handover of the website is deemed as altering the original website provided, in addition, any plugin included in the handover of the website that has subsequently been removed is also deemed as altering the original website provided. The Client agrees to defend, indemnify, and hold harmless Freelance Computers against all liabilities.

Open Source Software is not owned by Freelance Computers or the Client. It is the Client’s responsibility to check with Freelance Computers whether Open Source Software is being used or not.

Demonstration Phase

Prior to any website reaching the ‘live’ phase, a presentation of the site is carried out. This is carried out usually with 2/3 involved parties. The object of this phase is to discuss the design, mechanics, and layout of the site, giving the opportunity to discuss any amendments required.

Interim Phase

The interim stage is the time between the demonstration and the live stage. This in general terms is approximately 2 weeks but can be agreed mutually by the designer and client. This interim phase gives clients the opportunity to look at the website, in their own time and to discuss with all parties who were not present at the Demonstration Phase. Any minor tweaks and change requests arising during this phase will be carried out, to get the site ‘live’ ready. Depending on the changes involved, there may be some costs incurred.

Live Phase

Once the website has reached its live phase, any further change requests will be chargeable.

CMS Websites – License

Freelance Computers use some components, modules, plugins, and applications that are licensed to Freelance Computers. If you choose to move your Joomla or WordPress website away from Freelance Computers a charge will be made to purchase new licenses for these components, modules, plugins or applications should they be required.

CMS Websites – Client Administration Area

Clients have ’Manager’ access rights to the administration area of the website only, this gives the client control over the content of the website in terms of articles, blogs, image galleries. If the website contains special applications or newsletter integration then the client will also have access to these sections. Clients are not permitted to alter the design, layout or style of the website. Clients are not given ’Super Admin’ access to the website administration area. Clients are not permitted access to the template layout of the website administration area. Clients are not permitted access to the Global Configuration section of the administration area. Clients are not permitted to install new components, modules, plugins or applications to the administration area.

Live Google Maps

Due to the change in legislation with Google Maps API as of 11th June 2018, whereby Google is now charging for using their maps on websites, which has been a free service for over 16 years, Freelance Computers/Webxdesign is not liable for the associated costs for using Google Maps on any website that Freelance Computers/Webxdesign has designed or hosts.

Social Media API Integration

Facebook, Twitter, Instagram, YouTube, and LinkedIn all stream feeds to websites Freelance Computers built by certain 3rd party plugins that have been installed into the website. If these social media platforms change the way they allow plugins and websites to access APIs, and the feeds stop working, this is out of the control of Freelance Computers/Webxdesign, and Freelance Computers/Webxdesign are not liable to find another solution at cost, for any website that Freelance Computers/Webxdesign has designed or hosts.

Website Hacking

Whilst every precaution is taken to protect your website, new malware and viruses are being created every day which could cause issues with your website, Freelance Computers are not responsible for fixing websites that have been hacked and are not liable for any information that may be lost. Freelance Computers will help restore your website to a previously backed-up state, a charge may be applicable for this service. It is the client’s responsibility to back up their website on a regular basis. An automated website backup and security service are available as an additional service, please contact Freelance Computers for more information on this service.

Website Vulnerabilities

Whilst every precaution is taken to protect your website and all website vulnerabilities addressed to the best of our ability, Freelance Computers cannot be held responsible or are liable for any vulnerabilities that cannot be addressed.

Website Images

Where images used on the website have been purchased by Freelance Computers on behalf of the Client, these images are strictly for use on the website only. Freelance Computers are not liable for misuse of these images by the Client or any other person’s copying, altering, or distributing the images to individuals or other organisations.

Website

Freelance Computers are not required to create and send a complete copy of your website as part of the website design/hosting package. If you require a complete copy of your website in the form of a complete folder or a zipped file, so that you may move your website to a new hosting server, a charge of £204 + VAT will be made to deal with this request. Freelance Computers reserve the right to refuse the release of a website if it has not been paid for in full.

Search Engine Optimisation

SEO work is governed by many factors which are outside the direct control of Freelance Computers and indeed, any other SEO company. Therefore no reputable SEO company can guarantee particular results. Any invoices raised for SEO services are non-refundable, due to the nature of the work carried out.

Website Training – CMS Websites

Website training is charged on a per 30-minute basis. Training is carried out at our premises in Warfield. Website training that is included in the original website cost is to be utilised within 3 months of the website going live. Website training not utilised during this time, we regret is forfeited.

EU Cookie Law

Freelance Computers are not responsible for any websites created prior to 26th May 2012 that do not comply with the new EU Cookie Law. It is the client’s responsibility to make sure that their website complies with this new EU Cookie law. Freelance Computers are not liable for any websites created that do not comply with the EU Cooke Law

Website Disputes

Freelance Computers reserves the right to suspend a website with immediate effect if there is a dispute over the design, layout, code, copyright, or payment. Freelance Computers are not liable for loss, damage or corruption to files or information stored on the Hosting servers or individual PCs relating to a Client’s website.

Website FTP access

Freelance Computers reserve the right to limit FTP access to the website, FTP access is available at an additional cost and certain areas of the access can/will be limited to the Client.

Changes & Updates To Websites

If changes and updates to your existing website have been requested and are not paid for by the due date stated on your invoice, Freelance Computers reserves the right to remove these changes and updates.

Software

Freelance Computers are not liable for any software installed on your PC that is not legal or licensed, it is the user’s responsibility to make sure that all software is legal and paid for where licenses are due, any violation against software is at the user’s risk and not placed upon Freelance Computers, even if Freelance Computers have been requested to install the software on the client’s behalf.

Support

Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services.

Remote Support Service

Remote Support Services are offered on an ad-hoc basis and we charge for the time we are logged into your computers. All work carried out is non-refundable. Should you allow any invoice related to our Remote Support Service to become overdue, all Remote Support Services will be suspended until all overdue invoices are paid.

Payment Policies

In situations where payments for hosting service(s) or domain name registration/renewals are past the due date, Freelance Computers reserves the right to immediately suspend these services.

Deposit Payments

Invoices that state ’Deposit’ or ‘Staged Payments’ are non-refundable.

Staged Payments

Staged payments are non-refundable and are to be paid by monthly standing order, as outlined on the staged payment invoices. If a staged payment is not paid by the due date stated Freelance Computers reserve the right to suspend any work being carried out on the website, and or if the website is live, reserve the right to suspend the website until payment has been made.

Liability

In no event shall Freelance Computers or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the services supplied by Freelance Computers including, and not limited to our ‘Remote Support Service’.

Your Personal Details

Please note that whilst your email is primarily used for billing purposes, Freelance Computers reserves the right to email you information about enhancements to our services and product offerings.

We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that Freelance Computers may use for the purposes of delivering specific services to you (e.g. customer support).

Cancellations & Refunds – Hosting Service & Domain Names, Mailprotector Services

Freelance Computers reserves the right to cancel the service at any time. In this event, the Client will be entitled to a pro-rata refund based upon the remaining period of Hosting Service. Mailprotector/Cloudprotect services are non-refundable. If the Client contravenes Freelance Computers terms of service a refund will not be issued in the event of a cancellation. If the Client chooses to cancel the service for whatever reason a refund will not be issued for the remaining period of the Service subscription. Domain name registrations or renewals are not refundable.

Indemnification

Customer agrees that it shall defend, indemnify, save, and hold Freelance Computers harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees asserted against Freelance Computers, 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 or licenses provided.

Customer agrees to defend, indemnify, and hold harmless Freelance Computers against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Freelance Computers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement (4) license infringement and (5) any defective products sold to customer from Freelance Computers hosting service.

Third-Party Policies

Freelance Computers uses services from third-party companies in order to register domain names, renew domain names, and to host domain names/websites, the customer must comply with all terms and conditions/disclaimers of these third-party companies, these terms and conditions can be supplied on request.

Disclaimer

Freelance Computers will not be responsible for any damages your business may suffer. Freelance Computers makes no warranties of any kind, expressed or implied for services we provide, which includes our ‘Remote Support’ service and SEO services.

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

Freelance Computers disclaim 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 Freelance Computers and its employees.

Freelance Computers reserves the right to revise its policies at any time without notice.

FREELANCE COMPUTERS

01344 859 755

Cloudprotect, Webxdesign and FreelanceSEO are divisions of Freelance Computers.

[email protected]
01344 859 755

Monday – Friday : 9am to 5pm