Terms and Conditions
All services provided by Dream sites to the Client are subject to the following terms and conditions. We may change these Terms and Conditions from time to time and so you should check these regularly. By placing an order with Dream sites you confirm that you are in agreement with and bound by the terms existing at that time.
The “Client”, “You” means the company or individual requesting the services of Dream sites and “Your” shall be interpreted accordingly:
”Dream sites”, “Us” is the Primary designer/site owner & employees or affiliates and “Our” shall be interpreted accordingly.
A deposit of 50% is required from the client before any work is carried out unless otherwise agreed with Dream sites.
It is our policy that any outstanding accounts for work carried out by Dream sites or our affiliates are required to be paid in full, no later than seven (7) days from the date of the invoice unless by prior arrangement with us. Accounts unpaid seven (7) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Dream sites’s web space, Dream sites will, at its discretion, remove all such material from its web space. Dream sites is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Dream sites reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Dream sites in enforcing these Terms and Conditions.
3a. Website Design
A link to Dream sites will appear in either small type or by a small graphic at the bottom of the Client’s Web site. If a graphic is used, it will be designed to fit in with the overall site design. We retain the right to display a Client’s website in our portfolio unless otherwise agreed with us.
We thoroughly test every website (including databases) for robustness, bandwidth, errors, bugs and speed before we handover the site.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, we cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
Dream sites cannot take responsibility for any losses incurred by the use of any software created for the client or 3 rd party software/websites we use (Paypal etc). Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
The client is expected to test fully any application or programming relating to a site developed by Dream sites before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Dream sites will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Where applications or sites are developed on servers not recommended by Dream sites, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
Original web site content specifically requested by the client and designed under work for hire shall be the intellectual property of the client once final payment under this agreement and any additional charges incurred have been paid. Once an account is settled, we will handover the relevant web site content on CDROM. Any graphics, source code, scripts, cgi applications, software, work-up files and computer programs (unless specifically agreed) written by Dream sites remain the copyright of Dream sites and may only be commercially reproduced or resold with the permission of Dream sites. Charges for web design work does not cover the release of such source files; if the Client requires these items then a separate quotation can be prepared.
The Client retains the copyright to data, files and graphic logos provided by the Client , and grants Dream sites the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Dream sites permission and rights for use of the same and agrees to indemnify and hold harmless Dream sites from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Client to Dream sites that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Dream sites cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
4. Completion Date.
The client agrees to make available as soon as is reasonably possible to Dream sites all materials required to complete the site to the agreed standard and within the set deadline. Dream sites will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Dream sites will work expeditiously to complete the web design project within the agreed schedule after the client has submitted all necessary materials.
Dream Sites has an exceptional record in providing website 100% uptime and will deal with hosting and server issues as a matter of urgency. We cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service. We aim to solve technical faults by the end of the next working day following the fault being reported.
We reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise. Unsolicited email (spam) is considered an unacceptable use of hosting. Whether the unsolicited email originates directly from the clients webspace area or otherwise, abuse reports received concerning a domain may result in suspension or closure of the service without refund.
6. Data loss
It is the client’s responsibility alone to protect and back up all data considered important or valuable at all times including web data, e-mail, and records/logs. Dream sites retains backups of the original website only. We normally show the client how to create backups near completion of the project.
We normally provide a content management system allowing the Client to update images and text on their site without involving Dream Sites. Please note that a CMS does not offer free reign to edit the entire web site, editable areas will be discussed during the quotation stage.
Structural coding updates are available at extra cost. Alternatively singular updates can be quoted at any time during the contract.
Updates we normally undertake include altering text, images or adding pages. If the client’s web design package includes database access using Server Side Script, then very minor page code changes will be accepted under this maintenance plan.
Major page code and/or database structural changes will be charged at current hourly rates.
8. Client Review.
Dream sites will provide the Client with an opportunity to review the appearance and content of the Web site during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Dream sites otherwise within seven (7) days of the date the materials are made available to the Client .
9. Domain Administration
Dream sites will normally include the cost of registering a new domain name and hosting in the final price. If the Client’s domain name/Tag and/or Domain Name Servers are already assigned to 3 rd party companies, the client will incur a £10 administration charge and any extra costs arising with the transfer of the domain name and/or DNS to our servers. In such a situation, the client agrees to handover relevant username/password details to allow Dream sites to complete the transfer. Dream sites will not be held responsible if the completion date is not met, due to delays caused by time taken to transfer a domain onto our servers.
10. Third Party Websites
The client acknowledges and agrees that Dream sites is not responsible for the availability of any third party Websites or material linked to from the client’s website. Dream sites does not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material. Any dealings between the client and any third party advertisers or merchants found on the client’s website, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between the client and the relevant advertiser or merchant. Therefore, Dream sites is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within seven (7) days.
The Client agrees that it shall defend, indemnify, save and hold Dream sites harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Dream sites , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employees or assigns. Clients agree to defend, indemnify and hold harmless Dream sites against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with the client’s website ; (2) any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from the client’s website .
Dream sites will not be responsible for any damages your business may suffer. Dream sites makes no warranties of any kind, expressed or implied for services we provide. Dream sites disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Dream sites and its employees. Dream sites reserves the right to revise its policies at any time.
Should You wish to make any comments to Us about the Dream sites website or if You have any questions relating to the same please contact Us through Our website.
16a Invalidity etc
If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.
16b Governing Law
These terms and conditions and the Dream sites web site are governed by English law. Disputes can be dealt with by the English courts.
16c Third Party Rights
These terms and conditions apply between Dream sites and our clients. No other person is entitled to benefit under these Terms and Conditions.