Terms & Conditions
Written 2 years 46 weeks ago by SharmWeb. Last edit 1 year 30 weeks ago.
On all our website we make and deliver, the following conditions apply unless arranged differently in writing :
- The service offered is the use of an tailored online website for a two-year period, the domain name and the hosting of it for the same period. The website concept (the working combination of any code and the database) is ours, even if any customizations for your use case have been made. Of course your subscription can be prolonged as many times you want at fixed conditions (see below).
- All websites we make are hosted on our accounts . The domain name as registrant is yours as can be verified on whois.com or you point the domain you registered yourself to our nameserver (recommended).
At the start:
- Payment is partially anticipated (50% at order, 25% at the training session and 25% at delivery) and not refundable.
- We reserve the right to refuse a job for whatever reason.
The given duration of the developing period at order is approximate and normally varies from one to three month, depending on complexity. Big projects might be split in separate smaller projects covering:
- a presentable website for visitors
- management tools to run your business (this is done more and more online).
- If you have a domain name you want to transfer, it's your own responsibility to contact the actual provider to unlock it and to retrieve the Auth code (EPP code). We can use an existing domain name also if you point it to our nameserver (recommended).
- Creating content (text and images) or translations for your site is NOT our responsibility but YOURS. It has to be made available for us in electronic form (existing website content, Word document, image files, etc.) or you can put it yourself after log in. We provide you a webmaster username and password even during the development period. We recommend to appoint one of your staff members to be the contact person concerning content (probably the future webmaster).
- We give you a training how you can add or alter content before the site launch. You have to make yourself available for this at a convenient time for both parties. The time necessary varies from 2 to 4 hours. For training "on distance" (only voice, no video) having a free Skype account is required. There is only one training session (besides normal support). All possible webmasters have to be present. If necessary, training for other staff members will be carried out by these webmasters.
- Text or image content provided by us on your site remains under license with us,. This means you won't have the exclusive use of it. On your own content on your website the copyright notice as seen in the footer of every page applies, unless you decide differently.
- You get one or more webmaster user logins which have the ability to create, edit or unpublish content and users of inferior level. You will not make any demands for permissions that go beyond this (website administrating permissions).
You refrain from putting and must moderate any content put by others on a regular basis that:
- is inaccurate, unlawful, defamatory, suggestive, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable;
- consists of adult content;
- provides instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation;
- may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including SharmWeb.net;
- provides private data of any third party without their permission, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- that contains viruses, corrupted data or other harmful, disruptive or destructive files;
- or links to content that violates the previous subsections herein.
- Any content as stated above will be removed or modified. Repeated abuse as mentioned here can result in a blocked account (you can no longer edit your website) or a change of permissions for other users, though our policy is to be very reluctant to do so. It's only a last measure and always temporary. We always assume good faith if there is the minimal doubt an "bad" edit is made unintentionally.
- We reserve the right to edit content without any notice. In practice this happens only to enhance text, e.g. grammar corrections.
- You agree to any information you have entered being stored in a database. We cannot be held responsible for any hacking attempt that may lead to the data being compromised. You yourself refrain from any hacking attempt.
- Currency rates are provided by a third party and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. When using this information for any financial purpose, we advise you to verify the accuracy of the valuta rates.
Delivery and after:
The final payment is due at delivery of the site. One of the following conditions are considered to be delivery:
- The website functionality according the ones mentioned in the Home page of this site excluding or including other functionalities if arranged for, independent from the content.
- The website's domain name is being promoted in any way (other websites, FaceBook, email, business cards, printed ads).
- The website receives a substantial amount of visitors.
- You agree having a link to our website as seen in the footer of every page on your site.
- You agree having your website mentioned, displayed in a screenshot and linked to in our portfolio.
- The domain name and hosting is included for the first two years. The starting date is the day your domain is present on our server (this might include the time of development of your site and normally not coincides with the launch date). At expiration of this period, you can prolong for the same period for the same price (€120 / 2 years) as before with at least the same services provided. Payment 100% anticipated. After received payment we modernize your site without any notice. Any changes can be rolled back on request.
- If you want to transfer your domain from our host, we unlock your domain at any time you want and provide you with the necessary Auth code (EPP). We will not deliver any files related to your site. You will refrain of any demands of this kind. The working combination of code, files and database of your website are and will remain our property, except the domain name and any text, image or other content you provided yourself.
- In the footer the Home page of your site you can track the uptime which normally is better than 99,9%. Very occasionally your site can be down, mostly due to maintenance on the server. We can not be held responsible for this.
- We can not be held responsible for the presence of embedded media (not hosted on our server, e.g. YouTube, Flickr) or any other third party services in general (e.g. your analytics account).
- Any other responsibility not covered here is limited to the amount paid to us related to the website.
- IE6 is unsupported. If there are any issues displaying your webpages in this outdated browser, we can only fix it by removing the error causing scripts from your site. In other words, you have to let go some nice features for your other visitors.
The normal support provided after delivery and included in your subscription is:
an automated weekly backup of the database (text)
an automated monthly backup of all files (images).
- After the initial delivery, substantial modifications asked from your side (not any improvements on our initiative or normal support) are subject to an extra fee related to the amount of work involved, based on 10 Euro per hour with a minimum of 40 Euro (the first 4 hours or less).
- These terms are due to small edits (see header for the latest edit date). Valid is the last version. If you want fixed conditions, just print the current version and we will be happy to sign them together with you to override any changes that might arise on the online version and to have a legalized agreement.
- You were informed of these conditions by email with a link to this page and/or by the inclusion of the link to it in your website (probably on the Help page).
- Your use of the website (login with username and password) assumes your agreement with these terms. If you appeal on the fact you never agreed with these conditions or you were unaware of their existence, it also means there is no agreement neither to base any demands on from your side. If you want to formalize an agreement in writing, you can act as mentioned before, by signing a printed version with us.