By placing an order with Rackpoint Ltd, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client: The company or individual requesting the services of Rackpoint Ltd.
Rackpoint Ltd: Primary designer/site owner & employees or affiliates.
These Terms and Conditions supersede all previous representations, understandings or agreements. Payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote or makes payment for a services offered by Rackpoint Ltd then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Charges for services to be provided by Rackpoint Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Rackpoint Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client or listed differently in the proposal, all website design services require an advance payment of forty (40) percent of the project quotation total before the work is supplied to the Client for review. The remaining sixty (60) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors:
- Rackpoint Ltd cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it. The website, graphics and any programming code remain the property of Rackpoint Ltd until all outstanding accounts are paid in full.
- Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Rackpoint Ltd remain the copyright of Rackpoint Ltd and may only be commercially reproduced or resold with the permission of Rackpoint Ltd.
- Rackpoint Ltd 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.
- Any additions to the brief will be carried out at the discretion of Rackpoint Ltd and where no charge is made by Rackpoint Ltd for such additions, Rackpoint Ltd accept no 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.
- The client agrees to make available as soon as is reasonably possible to Rackpoint Ltd all materials required to complete the site to the agreed standard and within the set deadline.
- Rackpoint Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- Rackpoint Ltd will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
- Rackpoint Ltd 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 of the clients appointed agents.
- Rackpoint Ltd 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 material provided by its agents.
- A deposit of 40% is required with any project before any design work will be carried out. All deposits are non-refundable.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Rackpoint Ltd cannot take responsibility for any losses incurred by the use of any software created for the client. 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 Rackpoint Ltd before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Rackpoint Ltd will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
A link to Rackpoint Ltd’s website will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied.
Rackpoint Ltd will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Rackpoint Ltd can offer no guarantees of correct function with all browser software.
No guarantees can be made as to the availability or interruption of this service by Rackpoint Ltd, we cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Rackpoint Ltd reserves 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 hosting service should the necessity arise.
Acceptable Use Policy
You acknowledge and agree that:
- Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not use this Site or the Services in a manner (as determined by Rackpoint Ltd in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk emails, or computer or network hacking or cracking, cloaking or sneaky redirects;
- Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs .exe, .apk, .dmg, .cmd, .com, .bat, .osx, .msi, .app files;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Rackpoint Ltd or Rackpoint Ltd’s Services.
- You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Rackpoint Ltd.
- You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
- You will not access Rackpoint Ltd Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Rackpoint Ltd may designate.
- You agree to back-up all of your User Content so that you can access and use it when needed. Rackpoint Ltd does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
- You will not re-sell or provide the Services for a commercial purpose, including any of Rackpoint Ltd’s related technologies, without Rackpoint Ltd's express prior written consent.
- You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
- You are aware that Rackpoint Ltd may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow Rackpoint Ltd, in its sole discretion, to record the entirety of such calls regardless of whether Rackpoint Ltd asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Rackpoint Ltd is a party.
Rackpoint Ltd reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
Payment of Accounts
A 40% deposit is required from any new client before any work is carried out. It is the Rackpoint Ltd policy that any outstanding accounts for work carried out by Rackpoint Ltd or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with Rackpoint Ltd.
Once a deposit is paid and work completed the client is obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled and Rackpoint Ltd have not been contacted regarding the delay, access to the related website and/or associated services may be denied and web pages removed. In the case of website design access to original files for the website will only be made accessible to the client upon settling of the account.
Where the Client has purchased ongoing services from Rackpoint Ltd (including, but not limited to, hosting, social media management, content writing) failure to settle accounts will result in access and/or provision of purchased services being discontinued. Prepayments for ongoing services are non-refundable.
Rackpoint Ltd may purchase domain names on behalf of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Rackpoint Ltd. Payment and renewal of domain names not purchased by Rackpoint Ltd is the responsibility of the Client.
- Charges for domain-name related services (initial purchase or renewal) are dependent on the domain extension, the chosen name, and where it is acquired (this figure will be provided before purchase/renewal takes place).
- If we do not have contact from a Client after informing them (30 days before expiry date) that their domain name is due for renewal, and that domain expires, it is no longer Rackpoint Ltd’s responsibility. If a Client comes to us at a later date wishing to obtain an expired domain name we will assist them as best we can.
- If we have purchased a domain name on behalf of a Client then we will renew that domain name after receiving confirmation that the Client wishes to retain it. If the Client has purchased their own domain name, it is purely the Client’s responsibility to maintain registration of it.
- There are no charges if a Client wishes to transfer their domain name/s to a new Registrar, or is otherwise terminating their contract with Rackpoint Ltd.
By registering a domain name ending in .uk (with some very limited exceptions), you enter into a contract of registration with Rackpoint Ltd. The contract includes conditions limiting Rackpoint Ltd's liability and relating to their use of your personal information. This contract is just for the domain name and separate to any arrangement you may have with any other organisation for providing related internet services.
This Agreement shall be governed by English Law.
Rackpoint Ltd hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Rackpoint Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.