These terms and conditions (“Terms”) apply to the purchase by you of a ClearSky Website (‘the Website’) and will continue to be binding for 12 months from the date of purchase. By proceeding with the purchase of the Website, you agree to be legally bound by:
- these Terms;
- the terms and conditions of MrSites which can be found by clicking on the following link: http://www.mrsite.com/uk/about/terms-and-conditions.html; and
- the terms and conditions of Nominet which can be found by clicking on the following link: http://www.nominet.org.uk/nominet-terms. This is a separate contract independent of your agreement with ClearSky.
If there is any inconsistency between these Terms and the MrSites Terms and Conditions, these Terms will prevail.
We may update these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Unless expressly stated in writing by ClearSky all fees and charges set out in these Terms are exclusive of VAT.
We will gather the relevant information from you and design your Logo/Business Cards through ClearSky and build your Website using software and hosting services provided by MrSites. The Services are provided to you at the following costs; Website deign and build: £150 plus VAT (“Initial Fee”), Logo design: £50 plus VAT, Business card design, print and delivery: £30 plus VAT, Blog setup: £15 plus VAT, Search engine optimisation: £25 plus VAT. Receipt of the Initial Fee from you is required before we hand over ownership of the completed site to you. The Initial Fee also includes the first 12 months hosting subscription.
Transfer of hosting services
If you wish to continue with the hosting provider after 12 months, you will be required to make on-going payments to the hosting company, MrSites. During month 11 of the subscription you will receive a renewal notification email from MrSites, with a follow up call from MrSites in month 12.
Following receipt of any artwork, content or design on Logos, Business Cards, Website and Content, there is a maximum of ONE round of amends, free of charge. Any additional changes requested above and beyond the first round of amends will incur additional charges, starting from a minimum of £10 to a maximum £50 per change iteration.
Once you have approved your Logo, ClearSky will send you a JPEG to your email address for your usage. For your Website, ClearSky will send you login details and you will then be free to edit the Website as and when required.
ClearSky agrees that you will own all the intellectual property rights in the content you provide to be included on the Website. Your Logo is also free to use as you please.
In the course of providing the Services to you, we may collect, use, retain and/or process personal data. All such processing will only be carried out if necessary for the performance of the Services and will be carried out in accordance with our obligations under the Data Protection Act 1998. You consent to our sharing your personal data with MrSites, Nominet and such other third parties as are required for the performance of the Services.
We record all telephone calls and may monitor telephone calls, emails and any other communication between you and us for the purposes of training, security, quality control and other lawful business purposes.
We shall have no liability to you under these Terms if we are delayed in, or prevented from performing our obligations or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of the supplier or any other party), failure of a utility service or transport network, act of terror, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
Limit of Liability
We will provide the services with reasonable care and skill. However, ClearSky gives no condition, warranty or undertaking and makes no representation to you about the suitability of, or fitness of the Website or the Services for your purposes other than as set out expressly in these Terms.
In addition, ClearSky will not be responsible for the accuracy and/or functionality of the material created or supplied by you to be included on the Website.
ClearSky will not be liable for any delays, interruptions or failure to provide the Website, domain name or hosting services that is caused by MrSites or any other third party.
These Services are being provided free of charge as part of a trial. Therefore ClearSky’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising out of or in connection with the performance or contemplated performance of these Terms shall be limited to £150.
Nothing in these Terms excludes or limits ClearSky’s liability for death or personal injury caused by its negligence; or for fraudulent misrepresentation or fraud.
If any provision (or part of any provision) of these Terms is, or becomes illegal, invalid or unenforceability in any respect, it will not affect or impair the legality, validity or enforceability of any other provision of this Agreement; and that provision (or part provision) will be deemed deleted.
Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with them.
If you have any queries or concerns about the Services or Website, please email email@example.com.