Pay As You Go Website Terms
The following terms and conditions apply to our 'PAYG or Pay as you go' website packages. (Formerly known as CMS Express websites and CMS Premium websites).
We have separate terms and conditions for the various services we offer available from the options below:
- Website Design and Website Development Terms and Conditions of Sale
- Website Hosting Terms and Conditions of Service
- Domain Name Registration Terms and Conditions of Service
The following terms and conditions apply to all our PAYG Template Website and PAYG Custom Website packages:
- FEES
- Cost is dependent upon package chosen. All prices are subject to VAT at the UK standard rate to be paid on a continuous monthly direct debit to A Prompt Limited.
- Our charges ("Charges") for any Services ordered by you will be our current price in force for that Service when you confirm your Order. All our current prices are available from our sales team at A Prompt Ltd. All of our prices are exclusive of VAT and other applicable taxes which will also be payable by you.
- The Charges for all of our Services are payable in advance by you.
- The website service to you is dependent upon your continuous monthly direct debit payments. Should your monthly payments fail, then your website and email services will be suspended without notice. Please refer to point 5.6 'Direct Debit Failure'.
- A set-up fee is required upon placement of all orders, which is non-refundable.
- The direct debit will start on the 1st of the month after order placement. When the website is built, we send you a link to the website on our development server. Your monthly payment will begin from the date the website is emailed to you and the 1st month payment will be calculated pro rata. Thereafter the full rate will be due and collected by direct debit.
- We require one month notice in writing, in advance, if you wish to cancel your website package and direct debit.
- Website careplans and website management - content creation and population of that content by Us to your website, SEO of your content, adding your supplied content, changing content for you, as you request - can be added by You to your order at any time. Payable by direct debit. 2 month's notice in writing, in advance, is required should you wish to cancel website management work.
- Prices are reviewed on each anniversary of the order placement date. We will endeavour to advise you in writing of any increases to prices, or price or service changes whatsoever, within 30 (thirty) days before payments are due.
- Any additional functions that you have requested be added to a website such as 'product catalogues', 'bespoke enquiry forms', 'online questionnaires', etc are classed as a separate item of functionality to your website. Therefore if any code updates or changes are required or requested to any 'additional functions' they are chargeable on a per job basis and are not included in the 'package' monthly price or any code updates included in the PAYG template website packages.
- DOMAIN NAMES
- If required, we will register one or more domain names of your choice with a “.co.uk” or ".com" extension. The renewal of the domain name/s is not included in the monthly price. If you are an existing client with a domain name registered by us, on your behalf, the future domain name renewals will not be included in the monthly price. Domain names are classed as a separate item and are billed accordingly. Any other domain name extensions or additional domain names requested can be registered by us on your behalf and are charged at our standard rate in addition to the monthly direct debit amount.
- We will transfer a pre-registered domain to us for an additional fee provided that:
- You are the legal owner of that domain
- The domain name must have been registered for more than 60 days at the time of your instruction to us;
- The domain name must not be due for renewal in the 21 days following your instruction to us;
- You must allow us access to your control panel if available or be able to communicate with the person who has access to your domain control panel
- You can request us to transfer Your Domain Name to any third party in accordance with the Registrar's terms and conditions. If you do so, we will charge an additional transfer out fee. We then have no obligation to provide Services to the transferee and you are not entitled to any refund of any Charges that you may have paid to us.
- RESPONSIVE DESIGN
- A Prompt agrees to design and build a responsive website that adheres to the W3C and WAI compliance levels at the time of build. It is the responsibility of the Customer to ensure their website remains responsive and compliant by adding appropriate content, e.g. tap targets.
- HOSTING
- Shared hosting is included in Pay-as-you-go website packages. However should your web site's bandwidth usage reach the point where it causes an adverse effect on other Clients, we reserve the right to disable your web site until such a time as you are able to reduce your bandwidth usage.
- Each website hosted by us includes up to 10Gb of bandwidth per month. If you use more than this amount, you agree to pay for this additional bandwidth at a rate of £10.00 per 1000Mb per month of usage.
- Each website comes with a maximum of 1Gb disk space. You are not permitted to use more than this amount.
- From time to time the server on which your domain is hosted or its connection to the Internet may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) maintenance procedures or repairs which may need to be undertaken; or (iii) causes beyond our control or which we cannot reasonably foresee. We will endeavour to ensure that your website is available at all times, but you acknowledge that computer and telecommunications systems are not error free and that we will not be liable to you or any other person for loss of revenue or earnings or any other loss that you suffer as a result of your website being unavailable or inaccessible at any time.
- You are not permitted to host the Pay-as-you-go template website elsewhere, nor are you permitted to have a copy of the website files.
- RENEWAL, TERMINATION AND IP
- You may elect to change your PAYG Template website after a 24 month period to a different package.
- You may elect to upgrade your PAYG Custom website after a 36 month period to a different package.
- For PAYG Template Website Packages only: If you have paid in full by direct debit continuously for a 24 month period we may offer to provide a new website design for free from a selection of our pre-designed templates. You are not obliged to have a new design but you may request one after each 24 month period if you wish. You will not be required to pay a new set-up fee. The website content you add to your first Website will be transferred to your next PAYG Website, free of charge. Please note that designs may differ therefore if your first website design has a side editable area and the next website design you choose does not have a side editable area, the content in the side editable area will not be transferred to the new website design. But as the site is editable by you, you can add/edit the content when the site is ready on our development server. We hold no responsibility for loss of data and it is the responsibility of the Client to ensure all content added to the site is legally owned by them and is formatted correctly for SEO purposes. We reserve the right to change the terms at any time, without notice.
- For PAYG Custom Website Packages only: If you have paid in full by direct debit continuously for a 36 month period you may request a new website design. A set-up fee will be required and this will start a new website agreement. We reserve the right to change the terms at any time, without notice.
- You may cancel the Website Services at any time, with 30 days’ advance notice in writing to A Prompt Ltd. We may, with 30 days' notice to you in advance, elect to cancel your website, hosting, domain name and email services. No refunds are available on any of these services.
- Direct Debit Failure: If the direct debit payment for your services fails on the 1st attempt, your direct debit will be presented again for payment. If, on the 2nd attempt, your direct debit fails again you will be charged an administration fee of a minimum of £60+VAT which is payable in all instances and is in addition to your website services direct debit amount. We will, at our discretion, also suspend all your website and email services without prior notice. An administration charge of £90+VAT will then also be payable by the Customer to Us before the Website is re-instated, if the Customer wishes the Website Services to be re-instated. Therefore totalling £150+VAT before the website and email services can be re-instated.
- If the direct debit is cancelled by the Customer without 30 days’ advance notice in writing to A Prompt Ltd then A Prompt Ltd will have no option but to remove all Website Services for that Customer for that package without prior notice. An administration charge of £90+VAT will be payable by the Customer to Us before the Website is re-instated if the Customer wishes the Website Services to be re-instated.
- If the Website Services are cancelled and no other website is required then the website, hosting and email services may no longer be used by the Customer. For custom websites - if cancelled after a 36 month period of continuous payment - the same applies for the hosting, email services but we will give you the files for the bespoke design and CSS files + images within the website if requested. You will not be given the admin area, so your website will be given to you as a 'static' site that you can keep.
- Domain names can be transferred away if requested and a transfer out fee will be due before the transfer can be actioned. If no transfer is required, the domain name will be set to expire automatically.
- The intellectual property rights and designs of all Websites are entirely owned by A Prompt Ltd and copying, transferring or re-using in any way by a Customer is strictly prohibited. The contents - text, images, PDFs - that the Customer adds to the website are not owned by Us and therefore assumed as owned by the Customer.