Terms & Conditions






Quotations


Quotations are based on information provided by the client at the outset of a project and on our current costs of production. Where the scope or specific parameters of a project change, subsequent to the issue of our quotation, Refresh Websites reserves the right to revise its estimated costs to reflect consequential changes to agreed budgets and deliverables. Any changes will follow consultation with and agreement by the client.

All quotations remain valid for a period of 30 days from the date that they are issued. Our clients will be notified at the earliest possible opportunity if market conditions necessitate any price variation within this period. Quotations accepted after the period of 30 days may be subject to re-quotation. We require written acceptance of quotations prior to project commencement.

Whilst we accept that changes are a necessary part of any design project, a clear understanding of the requirements and an accurate interpretation of the brief will help us to avoid the need for repeated amendments, which can hold up the development and delivery of the final product.

We always provide details of additional chargeable work and seek approval from the client to increase the project budget prior to execution of such work.

Payment & Delivery

Refresh Websites has a policy whereby 25% of a total estimate cost is chargeable as a deposit on agreement of the project estimate. This fee will be invoiced accordingly at the commencement of the project, enabling both parties to demonstrate commitment in the project

Refresh Websites may request staged payments over the duration of a project according to a schedule and conditions agreed between both parties prior to project commencement

Delivery of work shall be accepted as having occurred when products are delivered physically, emailed or uploaded to the Internet. Normal conditions will result in an invoice being raised on delivery with full payment being due within 30 days of the invoice date. Refresh Websites reserves the right to levy interest charges on sums outstanding after 31 days.

Aborted and Delayed Work


Should production be suspended at the request of the customer or delayed through any default of the customer for a period of 30 days, Refresh Websites will be entitled to payment for the work completed up to that point.

We reserve the right to alter estimated costs for such work when viewed outside of a project context and to charge for materials purchased or additional costs incurred on the project. Should the client abort work at any stage, we will be entitled to recover costs for the production work and any expenses incurred. In instances where discounts have been applied as part of a quote and in goodwill, these may be withdrawn and full rates applied.

Deadlines and Delivery Dates

Refresh Websites shall use commercially reasonable efforts to meet all project schedules and requested delivery time frames agreed upon in the project brief. Such scheduled dates and delivery time frames in all cases represent estimates or targets only, and should never be accepted either explicitly or implied as a guarantee of delivery on or prior to the above-mentioned dates.

The client agrees not to hold Refresh Websites liable for any consequential losses associated with project delays, for any reason.

Transfer of Ownership

The physical property and intellectual property in any preliminary or completed work shall not pass to the client until payment for work undertaken has been received in full. Ownership (copyright and title) of deliverables becomes the property of the client, having unlimited, indefinite, and royalty-free use upon payment of all fees unless otherwise agreed/stated.

Client Responsibilities


Clients are responsible for ensuring that all content provided to Refresh Websites is lawful and does not infringe any copyright or other laws. Clients are required to obtain all the necessary permissions and authorities in respect of all photographic images, text, graphics, designs, logos, names, trademarks or other supplied material. Refresh Websites will accept no responsibility for damages or losses incurred by the client from the use of material where the required permissions have not been obtained and the client will unconditionally hold harmless, protect and defend Refresh Websites and its subcontractors from any claim or suit arising from the use of such elements furnished by the client

Clients are responsible for carrying out any market research as to the viability and profitability of any project prior to acceptance of our quotation.

Web Hosting Policy - Acceptable Usage

Compliance with Law


Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of Refresh Websites Ltd is (i) in violation of any UK law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

System and Network Security


Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Refresh Websites Ltd investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

  • Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
  • Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorised to access. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
  • Executing any form of network activity that will intercept data not intended for the Customer’s hosting space.
  • Circumventing user authentication or security of any host, network or account, including cracking.
  • Interfering with or denying service to any user, host, or network other than the Customer’s host (example: denial of service attack or distributed denial of service attack).
  • Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (spoofing) or other identification information.
  • Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.

Failing to comply with Refresh Websites Ltd’s procedure relating to the activities of Customers on the Refresh Websites Ltd premises. Violators of the policy are responsible, without limitations, for the cost of labour to correct all damage done to the operation of the network and business operations supported by the network. Such labour is categorised as emergency security breach recovery and is currently charged at £100.00 per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately.

Suspension and termination


Refresh Websites Ltd will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Refresh Websites Ltd reserves the sole right to suspend service to any Customer for violation of the AUP without notice. Refresh Websites Ltd reserves the right to terminate service without notice for any account that impacts the availability of our servers to others in a shared hosting environment.

Suspension for non payment


Your account may be suspended and/or terminated for non payment. When an account is suspended all web hosting, promotion, design, updates, and email services are put into suspension until payment is brought current. Upon suspension, a notice will be emailed 30 days prior to termination.

Termination for non payment

Your account may be terminated for non payment of services. In the case of an account being terminated all files will be removed from the server and will not be retrievable from backup.

Internet Etiquette


Each Customer is expected to execute reasonable Internet Etiquette (Netiquette), the accepted behaviour and expectations of the Internet community. The Customer will comply with the rules appropriate to any network to which Refresh Websites Ltd may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libellous, indecently depicts children or is likely to result in retaliation against Refresh Websites Ltd by offended users. Refresh Websites Ltd reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement


Refresh Websites Ltd space may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of laws, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights; including creating, utilizing, distributing unauthorized copies of software, or the use of Bit Torrent or other types of technologies utilized in the distribution of illegally copied materials. If Customer copies, distributes or installs software in defiance of the license agreement, Customer is violating UK copyright law. Refresh Websites Ltd will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed on our servers.

Hosting Policy


  • Hosting web pages that detail the methodology of committing unlawful acts, or acts violating this AUP.
  • Hosting software, scripts, or other resources intended to facilitate committing unlawful acts, or acts violating this AUP.
  • Advertising, transmitting, storing, or using any software, script, program, product, or service designed to violate this AUP.
  • Harvesting. The collection of email addresses, credit card information, or other personal information for fraudulent use or sale is prohibited.
  • Phishing. Hosting web pages with forwards to, containing scripts or executables for, or any other component of an operation designed to fraudulently collect authentication, credit card, names, addresses, or any other personal data is not permitted.
  • Spamvertised Sites. Hosting web pages advertised by spam sent from another network (spamvertised) is not permitted.
  • Users are responsible for any scripts that are uploaded into your hosting space and the security of such scripts. Any disruption to the function of the web servers or breaches of security due to insecure scripts will be cause for immediate suspension or termination of your account.
  • Domain names must be live on our servers. Your hosting space cannot be used for storage, downloads and/or bandwidth usage via IP address from outside the live site.

Child Pornography


Refresh Websites Ltd will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for their actions over the Refresh Websites Ltd network, and will be liable for illegal material posted by their clients.

Website Software

Software Hacks and Exploits


Exposed security vulnerabilities and website hacks are caused by malicious end users. Fixing a website that has been hacked and/or upgrading software to prevent known security vulnerabilities is your responsibility. If a site has been hacked or found to contain malicious code it will be immediately suspended until such vulnerability has been dealt with. Websites that have been hacked CANNOT be rolled back to a backup UNTIL the vulnerability has been identified and preventive measures put in place.

Online Stores (e-Shop)


You will be solely responsible for the operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) update of the store software including all third party security updates and installations, (b) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (c) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (d) ensuring that the content and materials appearing within the store or related to your products are not libellous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and VAT. You will also be solely responsible for accepting, processing, and filling any client orders, and for handling any client inquiries or complaints arising there from.

You are also responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Refresh Websites Ltd Installed Software


When Refresh Websites Ltd is commissioned to provide design and/or implement third party software for your site it is Customer’s responsibility to keep the site up to date. Exposed security vulnerabilities and website hacks are caused by malicious end users. Fixing a website that has been hacked and/or upgrading software to prevent known security vulnerabilities can be time consuming and therefore is billable time for which Customer is responsible for.

SMTP Server Usage Policy


Refresh Websites Ltd has a zero tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Refresh Websites Ltd whether or not the message actually originated from our network.

Block Removal


If Customer actions have caused Refresh Websites Ltd mail servers or Refresh Websites Ltd IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a £100 charge to Customer account and £100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Header Forgery


Forgery of email headers (spoofing) is prohibited.

Proxy Spamming


Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.

Mass Mailings


Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Refresh Websites Ltd upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

Mailing Lists


Refresh Websites Ltd’s mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

Refresh Websites Ltd Liability

Maintenance/Outages


Refresh Websites Ltd strives to provide the best service and uptime possible to our clients. We do occasionally perform upgrades and required maintenance. In most cases, upgrades and maintenance are scheduled ahead of time and notifications sent to our clients if we expect any downtime or impact to services.

As with anything, there is the potential for unforeseen outages. We cannot compensate for these unforeseen outages.