Summary
We will refer to ourselves as simply Preeny throughout the terms of service. We will always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that you are clear on what you are agreeing to when using our services. In this contract you won’t find any complicated legal terms or long passages of unreadable text except where necessary. We’ve no desire to trick you into agreeing to something that you do not fully understand.
Terms of Service
1.0 Site Ownership
The design of websites or materials by Preeny will remain in our full ownership until such time as payment has been made in full for the relating services. Once payment has been made in full, according to the quotation and work proposal provided and agreed to, will result in the the ownership being transferred to you and all relating design files will become available to you.
If you are using our pay monthly website service the website design or materials will remain in our full ownership until such time that you request to purchase the site outright, at which point a fixed price will be agreed for you to do so.
2.0 Content
You are responsible for all the content you publish on your website. In order to make it easier for you, in some, but not all cases, you can send content directly to Preeny and we will publish it on your behalf. In both methods you are responsible for the content that is published on your website. Content can consist of audio, video, text, images and software. Take care to make sure that you are legally allowed to publish the content on your website. Especially take care that you have the rights to publish all images on your website and you are not breaking copyright. If you are found to be breaking any laws with the content published on your website you are entirely responsible for any consequences or legal action taken as a result of such content.
In the case where we write the content for you it is your responsibility to check that the content is correct and you be fully responsible if the content published is found to break an laws or be the subject of any legal action.
3.0 Website Management
For a fixed monthly fee Preeny will provide hosting, support and maintenance of your website. Preeny offer the use of third party providers to host your website. Although great care has been taken to choose a provider it is possible that your site may be offline for any amount of time in the event of technical problems. Preeny will not be liable for any damages or loss of income due to your site being offline and you will not be entitled to a refund of any kind. If we feel your site traffic or requests to the server are excessive we may be required to move your site to a different host or hosting package which may result in an additional monthly fee.
Maintenance will consist of updating WordPress (the content management system) as and when required along with any third party plugins that may be used.
Support will be available to you via email or telephone to assist with the general updating of the site and any issues/questions you have.
4.0 Cancellation
Any cancellation after agreeing to the quotation and work proposal will be subject to payment in full. If you are paying monthly for the website you will be subject to payment in full of any remaining months.
5.0 Design and Functionality
Our websites are based on frameworks we have either created or occasionally purchased from a third party. We do not guarantee that your website will not be similar to other websites we produce requiring a similar design and style.
We take care to make sure the design of your website fits with your requirements. We cannot, however, guarantee that we will not make mistakes. These mistakes could result in your website not functioning in the way it was intended. In the event of a mistake such as this occurring we will endeavour to rectify the situation as best we can and as quickly as possible. Preeny do not, however, accept any liability for damages or loss of income resulting from any such mistake or mistakes. It is your responsibility to ensure that your site is working how it is intended, and it is your responsibility to notify Preeny of any circumstances where this is not the case.
6.0 Third Party Plugins
In order to achieve the desired functionality of a website we may in some cases use third party plugins, either free or premium. Any future updates for premium plugins may be subjected to an additional charge.
7.0 Content Changes to Your Website
Should you need to add, edit or delete content from your website you will be able to do this through the content management system provided with your website. Preeny will assist and support any issues you may have in updating your website with content for 6 months after which time a fee would be required if you do not have our website management service. If you require Preeny to implement content into your website directly or create the content then an additional charge may apply unless otherwise indicated in your original quotation and work proposal.
8.0 Site Setup
The setup of your website will commence on the day that the first payment is received. The time-scale for the design and setup of your website will be identified to you once your initial payment is setup or prior to making your first payment if you so request. This time scale does not include any additional time required to make amendments or implement and publish your content on the website. The time-scale is an estimate and Preeny do not accept any liability for damages or loss of income resulting from your site not being ready in this time.
9.0 Disclaimer of Warranties
The Website is provided “as is”. Preeny and its suppliers and licensors hereby disclaim all warranties of any kind. Neither Preeny nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
10.0 Limitation of Liability
In no event will Preeny, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Preeny under this agreement during the one (1) month period prior to the cause of action. Preeny shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11.0 General Representation and Warranty
You represent and warrant that your use of the Website will be in strict accordance with any legally required Privacy Policy that you should include on your website. You also warrant that your website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, county, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
12.0 Indemnification
You agree to indemnify and hold harmless Preeny, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
