Terms and Conditions of service

(Please ensure that you read and understand these conditions before paying your deposit)

1. Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Online-Xpress (which may be abbreviated in this document to O-X or referred to as The Company).

2. Important: Written instruction for the work to commence and payment of the deposit is deemed as a legal acceptance that the client accepts the terms and conditions outlined in this document.
O-X Intellectual Copyright: O-X holds intellectual copyright of any material, including source code and original images created for the client until full settlement of the balance of the order. At this time we will transfer this intellectual copyright to the client.

3. Clients Responsibilities with Regard to Copyright: In situations where you (the client) provide images, text, animations, layouts or any other content for their website, the client is legally responsible for ensuring that this material does not infringe any copyright.

Certain images provided by Online-Xpress may have been purchased under license from stock image libraries. These images are generally only licensed for use on a single website. The license may not permit them to be used in publicity material or any other website. The client is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.

4. Registration Charges: All third party costs arising from the registration of a domain name shall be met by the Client. O-X recommend that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client’s behalf we agree to transfer this domain name to the client immediately upon request and without charge.

5. Websites Built for Search Engine Optimisation: The client should be aware that if you have purchased a Website built for Search Engine Optimisation (one off product), this is different to purchasing one or several of our Search Engine Optimisation packages (ongoing service). Should the client require the site to be promoted on an ongoing basis, they will need to have purchased a separate Search Engine Optimisation package. The order in which websites are ranked in the natural search results is ultimately controlled by the search engines themselves; however our work helps to achieve the best possible positions for your website.

6. Search Engine Optimisation (SEO): Where an SEO package has been included, a client can expect an approximate first page achievement level of 80% of key words as agreed between the company and the client. Our service aims for appearance on the 1st page, but not ranking within this page.

7. Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place already and for the minimum term of any ongoing service and shall be invoiced accordingly. Deposits are non-refundable.

8. Delivery of the Website: The Company aims to deliver a completed project within 4 weeks of the order.
This may at time to time vary if you have a larger project, fail to delivery your content and/or instructions in a timely manner or there are other glitches. If the delivery is due to be slower we will normally advise you at point of sale or as soon as we become aware that this could be the case. We will accept no responsibility for a completion outside this 4 week period

9. The client should provide necessary co-operation as is required by the Company (acting reasonably) to enable the performance by the Company of its obligations under the Agreement
The Customer will be responsible for procuring any third party co-operation reasonably required by the Company to enable the Company to fulfil its obligations under the Agreement.
IMPORTANT! Failure to Provide Required Website Content: You must ensure that we are not delayed as a result of late delivery of the material and content required to complete your website.

This is why we ask that you provide all the required information in advance. On any occasion where we are delayed because you have not provided this information, we reserve the right to impose a surcharge of 25% of the total cost of the work. Also, if your job involves Search Engine Optimisation, the website will need to be a finished article before we can optimise. Important: We cannot carry out effective SEO work while a website is under construction. Any timescales we have given as expectations for SEO will commence when our optimisers have a completed website to work on.

If you agree to provide us with the required information in advance and subsequently fail to do within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately

10. Conceptualising: Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. This clearly takes a lot of time and for bespoke websites at a client cost of over £1000, it will be included as part of the service. For other sites, you should be aware that (unless previously agreed) only one concept is possible. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don’t do this we will design the website appropriately. If it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.

11. Travel Time and Travel Expenses: Travelling time to and from customer premises is not generally included in our estimate. O-X reserve the right to make a charge for travelling time at our current hourly rate. Likewise O-X reserve the right to charge for travelling expenses based on 46p per mile. (NOTE: There will be no charges for travelling time or expenses incurred during the quotation process, i.e. before you give your approval for work to commence.)

12. Quotations: The price charged to the client is for the work specifically agreed at point of sale only. Should the client decide that changes are required after work on the website has commenced there may be a surcharge.

13. Payment - Advance Fee: An advance fee of 50% of the total cost of a web build project is required before work can start. Clients should only pay this advance fee if they agree to our terms and conditions. Payment of the advance will be taken as agreement.

14. Payment - Refund Policy: After work on a website commences deposits are not refundable.

15. Payment Methods: Unless otherwise agreed, payment is only accepted by credit card/debit card or a cheque in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £35.

16. Continuous Credit Card Authority: All orders that we accept, are accepted by both parties on a Continuous Credit Card Authority basis unless the company is advised otherwise by the client in writing. This means we will be able to take future payments from the payment card as and when payments become due in line with the agreement, unless an alternative payment method successfully completes due payments on or before the relevant due dates.

17. Acceptance of a completed website: It is assumed that the Customer has accepted the website as completed if the Company does not receive written notice within 48 hours of delivery of the Website that it is not acceptable.
If in the Customer's reasonable opinion the Website does not meet the Acceptance Criteria, the Customer will send to the Company a written notice within 48 hours of delivery, setting out in detail the respect(s) in which the Website does not meet the Acceptance Criteria.

If the Company (acting reasonably) agrees that the Website does not meet the Acceptance Criteria, the Company shall be afforded a further remedial period of 14 days in which it would be reasonably expected that the rework can be carried out, unless otherwise advised by the company on receipt of the aforementioned notice.

18. Payment of Balance: Balance payments are due when clients accept that their website has been completed to their satisfaction. Payment of the balance is due immediately on completion of the website. We reserve the right not to launch a website until full payment has been received.

19. Late Payment 1: Any websites previously launched may be removed if payment is not forthcoming. When this occurs an additional minimum charge of £50 will be required to have the site restored.

20. Late Payment 2: Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.

21. Non-payment: If after reminders (verbal or written) it appears to O-X that your payments are not forthcoming; you agree that all discounts received will be forfeited. We will then legally pursue the full undiscounted contract balance. At this stage, we will include all late payment charges, statutory interest, and a charge of £25 + VAT if our debt recovery team have to make a phone call to you. If you settle your balance on a card, we will pass on any charges the card payment processing companies levy.

22. Future Support: Your website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand O-X is not responsible for future support. Support can be provided upon request for an agreed fee. Your website is offered as a single contract and no guarantee of the availability of future support from Online-Xpress is offered unless an ongoing support package has been agreed.

23. Future Site Problems: Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. It is unlikely that these will affect your website, and O-X will endeavour to protect it from this as much as we can during its creation, but after the website is handed over we cannot be held responsible for problems caused by illegal activity or the actions of others.

24. Access to Client Hosting Space: We may require ongoing access to our clients’ hosting space to allow us to support their websites and to carry out maintenance and/or SEO services. This access is via a user ID and password combination, which the client may change after the website is handed over. If the client chooses to change the password without advising the company, we will no longer have access to the website and further support will not be possible. We cannot be held responsible for any changes made to the website by the client or the client’s agents.

25. Compliance with Ecommerce, Accessibility or Other Regulations: We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations.

We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues may exist we recommend that the client takes legal advice from their company lawyer.

Notes: Should O-X waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit O-X to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected.

O-X reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.