Terms and Conditions
Pear Information technology Ltd Terms and Conditions of Business
Definition of our terminology as used within this document:
- A Project is any work undertaken or service provided by Pear Information technology Ltd for the Client on their request and as described in our confirmation emails to that Client.
- A Client is a person, persons, business or organization using any of the services provided by Pear Information technology Ltd
- Domain is the Website address as specified by the Client.
- Hosting is a yearly cost to keep a client’s Website activated online.
- Content is both text and images that the Client requires on the Website.
- Point of Training is the basic training that we provide after completion of a Website. This training will cover the basics on how to use CMS control panel add/edit/delete content.
1. The contract between Pear Information Technology Ltd and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2. The works to be carried out shall be as set out in the Pear Information Technology Ltd confirmation emails.
3. Email will be the main method of contact with regard to all communication. Although Pear Information Technology Ltd can be contacted by telephone, we will use email as our main method of communication and therefore it is the Client's responsibility to inform us of any change in email address so we always have up to date email contact details. Pear Information Technology Ltd cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. Pear Information Technology Ltd will acknowledge all emails (if required) within 2 working days.
4. Pear Information Technology Ltd will only commence work on a Project after receipt of a non-refundable, deposit of the quoted Project fee from the Client. The deposit amount will be on the invoice and agreed via email. Then the final amount payment will be due at the point of training, unless monthly instalment payments have been agreed. During the point of training the client will be granted access to the CMS control panel to add/edit information, products, etc (if they initially agreed a CMS site).
5. Once the Clients remaining balance is paid in full this will indicate a mutual agreement that the project is complete. Completion of the website means completion of the design and development, this excludes further adding/editing the clients information or products etc using CMS control panel, This remains the clients responsibility.
6. The deposit paid to Pear Information Technology Ltd covers the cost of face to face consultation, design work carried out as well as any admin work and communication with Pear Information Technology Ltd. The deposit is non-refundable.
7. After project has been agreed and deposit has been paid Pear Information Technology Ltd can provide face to face consultation. This type of consultation is limited to 2 hours for projects costing £500 or less (ex VAT) and 5 hours for projects costing more than £500 (ex VAT). If further face to face consultation is required than it must be agreed with our consultant initially. Further face to face consultation if not already agreed will be charged at £25 +vat per hour.
8. Pear Information Technology Ltd shall expect the Client to carry out sufficient research before proceeding with a Website. This will include checking that the Website/idea/business will operate legally. It is important that the Website is not in any way illegal.
9. It is important for the Client to keep in contact with Pear Information Technology Ltd throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 5 attempts to contact the client by email using the email address specified when the client places their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. We will levy a £50 admin charge if the client later returns and wishes to continue work on their project.
10. Pear Information Technology Ltd will host the Website free of 1 year if the Client requires us to do so. In doing so, Pear Information Technology Ltd will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the Website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
11. All Hosting offered by Pear Information Technology Ltd can be provided for the life time of the Website, However, after the initial first year of free hosting an annual charge will apply. This annual renewal charge will be due at the beginning of each year. This charge will depend on the type of hosting that is being provided. We will contact the client near to the end of the first year of free hosting to quote and confirm the annual ongoing charge that will apply to the client.
12. Pear Information Technology Ltd cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by Pear Information Technology Ltd.
13. We can accept no responsibility or liability for financial or other loss or damage caused by the client’s reliance on search engine rankings. Search engine rankings will fluctuate and we can not guarantee your website will stay on page 1.
14. Pear Information Technology Ltd will provide the Client with an expected completion date for the Project (live on the internet) if requested. Pear Information Technology Ltd will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Pear Information Technology Ltd is purely an estimate
15. It is the Client’s responsibility to check with Pear Information Technology Ltd whether Open Source Software is being used or not.
16. The Client shall not be charged for Open Source Software. If there is a charge for a Website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Pear Information Technology Ltd or the Client.
17. Pear Information Technology Ltd owns all design and code of the Website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the Website, unless Open Source Software is used. Images will have been provided by Pear Information Technology Ltd for the Client, unless the images have been supplied by the Client.
18. All images displayed on the Client's Website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Pear Information Technology Ltd, they will be the sole responsibility of the Client.
19. Any Domain names that are registered by Pear Information Technology Ltd on behalf of the client will be charged on a separate invoice stating the cost of the domain name +vat. Although the domain names are registered to Pear Information Technology Ltd, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Pear Information Technology Ltd will do this within a reasonable timeframe.
20. A domain name will be registered by Pear Information Technology Ltd, if required, on behalf of the client once we have received the initial payment.
21. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Pear Information Technology Ltd cannot be held liable for this. However, Pear Information Technology Ltd will make reasonable effort to contact the Client regarding domain renewal.
22. When a Client renews Hosting with Pear Information Technology Ltd, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Pear Information Technology Ltd cannot be held liable for this.
23. The Hosting will not be renewed if Pear Information Technology Ltd cannot contact the Client or the Client requests for Pear Information Technology Ltd to not host this site. This will also affect the domain as per item 21.
24. The Hosting renewal charge must be received within 10 days of the Hosting expiry date. Pear Information Technology Ltd reserve the right to deactivate any Website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Pear Information Technology Ltd for reactivating the Website/Hosting.
25. If the Client does not use Pear Information Technology Ltd Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
26. Should a Client wish to move Hosting away from Pear Information Technology Ltd, transfer a Domain name away from Pear Information Technology Ltd, a £35+vat admin charge will be issued, which must be paid before the transfer takes place. The MY SQL database and design files shall be provided for the transfer. Your chosen transfer company will need to import both the SQL database and design files to their CMS system.
27. Hosting fee's will be explained in your quotation and are subject to change. Hosting is free for the first year and therefore you can move host should you not want to host with Pear Information Technology Ltd after the first year.
28. Pear Information Technology Ltd has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client's web sites constitute Pear Information Technology Ltd endorsement, or approval of the Website or the material contained within the Website. Pear Information Technology Ltd has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. Pear Information Technology Ltd provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
29. Pear Information Technology Ltd shall place a small text link on the footer of a Clients Website that simply states the Website was designed by Pear Information Technology Ltd and links to our company Website.
30. Pear Information Technology Ltd is not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's Website. The Client is solely responsible for any information or files relating to the Website.
31. If a Domain name is purchased by the Client through a company other than Pear Information Technology Ltd, the Client has full responsibility in making sure that the domain name is renewed when due. Pear Information Technology Ltd will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Pear Information Technology Ltd.
32. Pear Information Technology Ltd will take a 2% service charge payment on any payments received using a credit or debit card. If this is not acceptable to the client, we also accept BACS and Cheques as an alternative payment method.
33. If for any reason a payment due from the client to Pear Information Technology Ltd is unpaid for a period of 14 days after the agreed due date the website will be removed and any contract will be suspended. This applies to any work undertaken or service provided by Pear Information Technology Ltd except otherwise agreed in writing. The website will only be made live once the cleared funds have been paid.
34. Once the project has been agreed by the client and Pear Information Technology Ltd and the initial mock up designs have been approved by the client no more changes or additions is expected to be requested by the client. If the client wishes to make changes or additions to the already approved project features and mock up designs Pear Information Technology Ltd will charge according to the type of change or addition requested.
35. Pear Information Technology Ltd makes no claims that the contents of this Website may be lawfully viewed or downloaded outside England and Wales. Access to this Website may not be legal by certain persons or in certain countries. If this Website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the550visitor’s jurisdiction. The terms and conditions of this Website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this Website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.