Optimas Internet Solutions Terms & Conditions

The Optimas website, logo and any content found within is owned and operated by Optimas Internet Solutions Limited. Access to and the use of this web site is subject to the Terms and Conditions outlined by the owners and operators of this website, Optimas Internet Solutions Limited.

By accessing and using this website you have agreed to be subject to the Terms and Conditions outlined by Optimas Internet Solutions Limited. All aspects of this website including the websites design, text, font and style, colour, graphics, applications, software, offers and packages and all website coding are copyright of Optimas Internet Solutions Limited or are otherwise used by Optimas Internet Solutions Limited as permitted by request or under any applicable current laws.

In accessing this site you are agreeing that the use of or downloading and printing of content, graphics, logos and images is for your personal, non- commercial reference only, this being after seeking the written permission of the owners and operators of the Optimas Internet Solutions Limited website.

It is forbidden by the owners and operators that any part of this website may be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording in any form or by any means without first seeking and gaining the necessary written permission of the owners and operators of this site, Optimas Internet Solutions Limited.

Terms

1. By placing an order with THE COMPANY, you are confirming that you have made and are in agreement with and bound by the terms and conditions contained within this document and outlined within a contract detailed by THE COMPANY.
2. You may not emulate or represent any material contained on and within the Optimas website on any other server without the prior written consent of THE COMPANY. Any unauthorised use of the contents of THE COMPANY may be in breach of copyright laws or trademark laws or other UK laws.
3. By accessing and using this site you have agreed not to cause, or knowingly cause THE COMPANY, its customers, third parties or affiliates and any significant others any, nuisance, annoyance, or inconvenience and are in agreement not to transmit or post by any means material which is deemed to be defamatory, offensive or obscene and/or any material that is deemed to be illegal under UK law.
4. By accessing this site you have agreed that any actions undertaken by you or with your knowledge, any others, activities that may cause interruption, damage or render THE COMPANY website less efficient or impaired in any way, appropriate action will be taken if any above actions are found to have occurred.
5. THE COMPANY will not and do not accept responsibility for any defects that may exist or for any costs, loss of profits, loss of data or significant losses arising from your use of, or your inability to use or access or a failure, suspension or withdrawal of all or part of the service provided by Optimas at any time.
6. THE COMPANY excludes all liability whether in contract, or otherwise for the accuracy/inaccuracy, correctness, quality or completeness of any information and the value and integrity of goods and services offered by third parties.
7. THE COMPANY reserves the right to vary the terms of this contract from time to time with such variations becoming effective immediately upon deployment. By continuing to use THE COMPANY website you will be deemed to accept such variation.
8. The web server, website, graphics, logos, images, text and any other aspects of the design and build of websites including any programming code or intellectual property remains’ in the possession of THE COMPANY until all outstanding accounts are paid in full.
9. Any scripts, code or other such entities (unless agreed) written by THE COMPANY will remain under the copyright laws of THE COMPANY and may only be commercially reproduced or resold with the express written permission of THE COMPANY.
10. THE COMPANY reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
11. Any additions to the an agreed contract will be carried out at the discretion of THE COMPANY and where no charge is made by THE COMPANY for such additions, we will not accept any responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions to the agreed contract.
12. The client agrees to make available as soon as is possible and/or within the agreed time scale to THE COMPANY all the materials/content required to complete the site to the agreed standard and within the set deadline.
13. THE COMPANY will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
14. THE COMPANY will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any third parties.
15. THE COMPANY will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any other material.
16. The responsibility lies with the client in ensuring that all software is functioning correctly before use THE COMPANY will not be held responsible otherwise.
17. The client is expected to test fully any application or programming relating to a site developed by THE COMPANY before being made available for use.
18. Where errors or other issues are found after the site is live, we will endeavour, but are not obliged, to correct these issues to meet the standards of function outlined in the brief.

Liability
Nothing in these liability conditions shall restrict or exclude either party’s liability for fraud, death or personal injury.

The customer shall not be entitled to any liquidated compensation or refund payment for unavailability, termination of or interruptions to a service.

THE COMPANY website is provided for general information about THE COMPANY brand, its services, packages and offers. Information is for your personal perusal and acts as guidance to these services, packages and offers only.

The information is not intended to form any part of a contract and can be subject to change without notice. By accessing this site you have therefore acknowledged that we have no control over and we exclude all liability for any material on the World Wide Web, which can be accessed by using THE COMPANY or otherwise that may cause damage, losses, offence or nuisance to THE COMPANY, yourself or others.

The owners and operators of this site, THE COMPANY, have endeared to ensure that the content and information contained within ALL pages of the ENTIRE THE COMPANY website is fully accurate and relevant to the services, offers and information provided by THE COMPANY and contained within these pages.

However, the content and information provided upon the website concerning the services and offers provided by THE COMPANY and/or associated third parties are subject to change at any given time and THE COMPANY can and will not be held liable and will not accept any liability for the change or inaccuracy in part or in full of the information presented at any given time. THE COMPANY reserves the right to make changes without notice.

Links within this site may lead to information supplied or maintained by third parties and THE COMPANY accepts no responsibility for the accuracy or any other aspect of the information obtained through such links.

Every effort is made to ensure downloadable content is free from viruses. THE COMPANY can and will not accept any liability for damages resulting from virus infection.

THE COMPANY would like to bring to your attention that we will not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages.
Website Hosting Terms

Where the hosting of websites is agreed, it is accepted by reading these terms that no guarantees can be made as to the availability or interruption of this service. THE COMPANY cannot accept liability for losses caused by the unavailability, malfunction or interruption of the web hosting services and/or packages.

THE COMPANY reserve the right to terminate web hosting services in circumstances relating to material that may lead to or be deemed as offensive, illegal or in any way controversial and in circumstances where interruption or damage may be caused to THE COMPANY and its third parties.

Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the client's request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.
Transfer of web site, Domain Name or Domain Names.

THE COMPANY state that the it is the Customers responsibility to incur the costs and expenses incurred by the Company in respect in the event of a Website, domain name or names to a third party or to the server of a third party or where the transfer of the Domain Name or names to a new registrar of the Domain Name.

THE COMPANY withhold the right to relocate or transfer such Website or Domain Name or names unless such costs and expenses and all other Charges due under this agreement have been paid in full by the Customer. THE COMPANY hold no responsibility for the losses incurred by the customer or for the loss of data and or service incurred leading to a loss of revenue to the customer when the transfer of websites, domain name or names takes place.

Payment of Accounts

THE COMPANY may require a deposit from a new client before any work is carried out. In all cases, website hosting fees and any costs incurred by THE COMPANY on behalf of the customer are payable in advance and are non-refundable.

It is our policy that any outstanding accounts for work carried out by THE COMPANY are required to be paid in full, no later than 10 days from the date stated unless by prior arrangement with THE COMPANY. If accounts are not settled and/or THE COMPANY have not been contacted regarding the delay, we reserve the right to refuse the customer access to their web site until such time as the matter is resolved. In the event of continued non payment a charge of 2% ABOVE the Bank Of England’s base rate will be applied to outstanding balances, accrued monthly.

Fee's Payable
A non refundable deposit of 40% of the total fee payable under the contract is due immediately upon the signing of the contract.  The remaining 60% shall become due when the Work is completed to the reasonable satisfaction of the Client, or spread to a further instalment of 40% upon milestone completion and 20% upon project completion. THE COMPANY reserves the right not to begin the Work until the said deposit has been paid in full.  The fee quoted in the contract MAY not include the cost of domain registration, hosting set up fee or hosting.

Maintenance and SEO Fee's
Maintenance and/or SEO shall be paid in full on a month to month basis. Fees will be assessed on an hourly basis at £25 per hour, or multiple thereof. No fee will be required in a month where no updating is necessary.  Search engine re-submissions, other than the original submission included in the contract fee, shall be included in the maintenance fee.

Search Engine Listings
THE COMPANY does not guarantee listings on Search Engines and the Client accepts that it is Search Engines and not Your business name who determine whom they list and whom they will not.  The Client further understands there is no guaranteed placement or rank on the Search Engines, even with SEO work being performed and that a new website may never even appear on Search Engines at all.  Your business name does not control Search Engines’ algorithms and huge shifts can appear daily, weekly and even hourly.

Content and information
THE COMPANY agree to use reasonable endeavours to ensure that backup copies of the website’s and all customer data contained in the website are made at reasonable intervals, the customer shall be solely responsible for the backup of such data and THE COMPANY shall not be liable for any damages, losses, costs or other expenses arising out of or in connection with any loss of data by the customer which are due to the failure of the customer to back up data.

Renewal

All Services provided by THE COMPANY on behalf of a customer are set up on a prepay basis and the customer shall pay an annual renewal fee on each 12 month anniversary of the date on which the provision of the Services was activated.

In the event of a dispute as regards this date, the decision of THE COMPANY will be final. THE COMPANY reserve the right as it sole discretion to change the price in respect of any of the Services or the annual renewal fee provided to the customer but all prices shall be fixed for the prepayment period.

Unless the customer notifies THE COMPANY in writing that it no longer requires the provision of the account and or services provided by THE COMPANY at least 28 days prior to the annual renewal date, THE COMPANY shall be authorized to charge the amount of the notified annual renewal fee to the credit/debit registered or request payment by any other method that is used on the customer account.

If, for any reason, THE COMPANY are unable to take payment from the credit/debit card or payment method registered to a customers account, then THE COMPANY reserve the right to suspend or cancel any of the services to the customer until such payment is received in full. In the event of non payment, legal action will be pursued.

Termination of Services
On termination of any agreed contracts by either party for any reason whatsoever all amounts owing by the clients or customers in respect of the services become due and must be paid to THE COMPANY in full and on demand whether or not amount is due. In event of none payment Optimas reserves the right to cease to host the website and cease to provide all further services with immediate effect.

A contract may be terminated by either party providing 60 day’s written notice has been given. In the event that the customer terminates a contract during the term of the contract the customer must pay to THE COMPANY all outstanding charges for the remainder of the term.

THE COMPANY reserve the right to provide 30 day’s written notice of termination of contract or in extreme circumstances immediate termination of service if a customer breaches the terms outlined in section (s) 1,2,3,4 and 9 of the outlined terms above or where the customer does or has not met the agreed payment terms. THE COMPANY does not remove the Client's obligation to pay any outstanding monies owing.