Terms and Conditions
T-Total Marketing Services will provide Client with Website Development Services as described in this contract. T-Total Marketing Services
The total fee for the Website Development Service provided will be as stated in the final invoice . All fees must be paid in full prior to the start of campaign.
This Agreement takes effect on the date on which the client first uses or tests services provided by T-Total Marketing Services or when the client pays for their services, whichever is the earliest. From time to time, it will be necessary to update the terms and conditions and the client agrees to be bound by the new terms and conditions by their continued use of our services.
T-Total Marketing Services can register domain names on behalf of our customers. If T-Total Marketing Services registers a domain name, the customer will be the legal owner of the domain name. We make no representation that the domain name you wish to register is capable of being registered by or for you. You must therefore not assume registration of your requested domain name until we have notified you by email that the requested domain name has been registered.
Domain names registered by T-Total Marketing Services are usually registered for a period of 1 year. The customer will be sent a reminder 30 days before the domain name expires with full details on how to renew their domain name.
If the domain name is registered by a company other than T-Total Marketing Services, the customer has full responsibility in making sure that the domain name is renewed when due and no reminder will be issued by T-Total Marketing Services before the domain name expires. Transferring a domain name to T-Total Marketing Services from another registrar is usually free or charge however there will be an admin fee of £25 to transfer a domain name away from T-Total Marketing Services.
All websites created by T-Total Marketing Services are hosted using our hosting packages which are included in our monthly support fees. The customer agrees to pay all charges for their use of our hosting services at the beginning of their hosting period. The customer will be sent a reminder 7-14 days before the web hosting expires with full details on how to renew their web hosting service.
T-Total Marketing Services reserve the right to suspend any website where the web hosting has expired and the customer has not paid the renewal fee. T-Total Marketing Services reserve the right to charge a £50 fee to reactivate any website taken offline due to non payment of hosting fees. Web hosting accounts not renewed after being suspended for 30 days will be permanently closed and all website files deleted. Renewal of T-Total Marketing Services Web Hosting is payable annually. The date of renewal will be 1 year from the date the website was published to the Internet.
The standard web hosting service offered by T-Total Marketing Services has a maximum of 500mb a month of website space unless otherwise stated in your initial quotation. Should your website require more than 500mb of space we will advise of other web hosting options.
Under some circumstance T-Total Marketing Services may provide the client with a hosted CMS (content management system) web solution. This means that the functionality of the CMS may not function on Servers other than those operated by T-Total Marketing Services or its partners. It is the client responsibility to ascertain whether or not such a system is to be used in the development of their website
All quotations issued by T-Total Marketing Services are valid for a period of 30 days after which T-Total Marketing Services reserves the right to re-quote.
Payments For Website Design Services
T-Total Marketing Services accepts payments by BACS or debit / credit. Payment terms are strictly 30 days except payments for domain name and web hosting renewals which must be paid for in advance. The first draft of the website will be completed and will be subjected to the customer’s review. The customer is allowed to forward a list of things to change. After the changes are applied and completed, T-Total Marketing Services will only allow
minor changes for the first two (2) cases. Further additional changes will have corresponding billing and the customer will be put on the appropriate monthly support package."
If a split payment has been agreed the first payment will be made up front with the payment being made on a specific date or upon full completion of the website or whichever comes sooner.
T-Total Marketing Services are not responsible for writing text content for websites. If the customer cannot write suitable copy for the website then T-Total Marketing Services would recommend that the customer employs the services of a professional copywriter with experience of writing for websites.
Website Content Ownership
The customer will own the copyright to the entire website and contents including all code and programming work, text copy, photos, graphics and logo after the website has been paid for in full.
T-Total Marketing Services can design a logo for the customer for use on their website. Upon project completion the customer can request a digital copy of the logo for offline use - for example the customer may want to use the logo on their letterheads, business cards, brochures etc.
T-Total Marketing Services will provide the client with an estimated project completion date (live on the internet) if requested. We will endeavour to meet any given completion date but we do not guarantee and are not bound in any way to complete the project by this date. T-Total Marketing Services will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet estimated project completion dates. T-Total Marketing Services will also not consider refunds due to websites not being completed by estimated timeframes.
Website Maintenance and Support
After a website goes live on the Internet, T-Total Marketing Services will provide the client with free support should any genuine technical issues arise. Design changes requested after final payment, may be chargeable therefore the onus is with the client to ensure they are satisfied with the completed website before making the final payment.
Website Design Refunds Policy
All fees are non-refundable. If the customer is not satisfied with the first design concept provided by T-Total Marketing Services, the customer may request a refund by completing the project cancellation form which will be supplied upon request. Upon receipt of the completed form and upon manager's discretion , T-Total Marketing Services may partially refund the customer. T-Total Marketing Services will not agree to a refund if a website has been published to the Internet, if the client has already approved of any the designs, if the client requests design revisions or if the client fails to communicate with us for more than 30 days. T-Total Marketing Services will also not agree a refund simply because the client changes their mind about having a website, working with our company, or if the client cannot proceed for personal reasons.
The Support plan you have selected is subject to T-Total Marketing Services "fair use" policy. Under this policy, if at any time, in T-Total Marketing Services, Member's use exceeds the level of use reasonably expected from someone using the T-Total Marketing Support Services for individual use or for business use, then T-Total Marketing Services reserves the right to suspend or terminate Member's Support Services. In addition, T-Total Marketing Services reserves the right to suspend or terminate any Hosting Services of any Member that T-Total Marketing Services, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Member, or (c) for any anything that is not within its intended use.
We reserve the right to alter our prices at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent via e mail to the e mail address that we hold for you in our account. If you have already purchased a particular service then the price alteration will only become effective when the service reaches the end of its current term.
Client and Designer Contact
T-Total Marketing Services expects all clients to keep in contact with our designers during any on-going project. If we do not hear from a client for a period of 60 days then T-Total Marketing Services reserves the right to ask for any outstanding balance for the project to paid before any more work is carried out. Further to this, If we do not hear from a client for a period of 12 months, T-Total Marketing Services will attempt to contact the client by phone and or email. If no contact can be made, T-Total Marketing Services will assume the client no longer requires the website / project and the project will be cancelled and all files deleted from our servers.
T-Total Marketing Services expressly reserves the right to terminate or suspend the customer's account without prior notice should the customer fail to comply with these Terms and Conditions or fail to pay an invoice in full as in the stated payment terms as displayed on the invoice or should T-Total Marketing Services deem such action necessary to protect T-Total Marketing Services and in such circumstances T-Total Marketing Services will confirm such termination or suspension by subsequent notice. T-Total Marketing Services also reserves the right to terminate any account or withdraw web or email services where the relationship between T-Total Marketing Services and the customer has broken down. In such an event T-Total Marketing Services may issue a refund for any services paid for in advance but not used.
Exclusion of liability
To the maximum extent permitted by law T-Total Marketing Services excludes liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitor's or user's access to, or use of our website, any material within our website, our services, whether based in contract, tort or whether negligent or otherwise, even if T-Total Marketing Services has been advised of the possibility of such damage.
Any customer who wishes to make a complaint concerning any of the services provided by T-Total Marketing Services should initially raise the matter with a member of staff with whom they normally deal or alternatively contact T-Total Marketing Services with full details of the complaint by e-mail to firstname.lastname@example.org or by raising a ticket through the help desk at https://t-total.freshdesk.com/helpdesk
Venue and Dispute Resolution: Any disputes arising from this Contract will be litigated or arbitrated in England. This agreement is governed by and shall be construed in accordance with the laws of England.