Definition the terminology as used within this document:
A 'Project' is any work undertaken or service provided by Gemini Digital Ltd for the Client on their request and as described in our confirmation order email to that Client.
A 'Client' is a person, persons, business or organisation using any of the services provided by Gemini Digital Ltd.
'Live' means the date when the entire website is available to the general public on the specified domain. and the project has been paid for in full.
'Domain' is the website address as specified by the Client.
'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
'Hosting' is a yearly cost to keep a clients website activated online.
'Content' is both text and images that the Client requires on the website.
Gemini Digital Ltd Terms & Conditions
The contract between Gemini Digital Ltd and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
The works to be carried out shall be as set out in the Gemini Digital Ltd quote via email.
1. Email will be the method of contact with regard to all communication. Although Gemini Digital Ltd can be contacted by telephone, we will use email as our method of communication and therefore it is the Client's responsibility to inform us of any change in email address so we always have up to date email contact details. Gemini Digital Ltd can not be held liable in any way relating to communication issues if we are not supplied a valid email address. Our email disclaimer policy should also be referred to.
2. Gemini Digital Ltd will only commence work on a Project after receipt of a non refundable deposit of £100 Gemini Digital Ltd retains the right and ownership to all content, images, domain names including transferred domain names, email provision, hosting, code and software until the website is paid for in full. We reserve the right to terminate hosting and email provision without notice should any invoice remain unpaid for a period of 7 days or more. We accept no liability whatsoever for any losses or inconvenience relating from this action.
3. The deposit paid to Gemini Digital Ltd covers the cost of interim design work carried out as well as any admin work, stock photography and communication with Gemini Digital Ltd . The deposit does not form a payment whether in full or part for email or hosting services provided before the project goes live, i.e these services are provided at the discretion of Gemini Digital LTD and may be withdrawn at anytime prior to the project going live. The deposit is non refundable.
4. Gemini Digital Ltd shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please note we do not offer design or hosting services for pornographic websites.
5. It is important for the Client to keep in contact with Gemini Digital Ltd throughout the entire Project. If a Client does not make contact for 1 week we will make up to 5 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded.
6. Where images used on the website have been purchased by Gemini Digital Ltd on behalf of the Client, these images are strictly for use on the website only. Gemini Digital Ltd are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
7. Gemini Digital Ltd will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. Hosting is provided by Gemini Web Hosting, a subsidiary of Gemini Digital LTD please see their terms and conditions relating to the provision of web hosting. We reserve the right to terminate hosting and all associated services for example Email, prior to the project being completed or paid for in full. Hosting before completion of the project including email services is provided entirely at our discretion.
8. Gemini Digital Ltd cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by Gemini Digital Ltd
9. Where asked to provide search engine optimisation for a Client, Gemini Digital Ltd do not guarantee any specific placement or high ranking on search engines.
10. Gemini Digital Ltd will provide the Client with an expected completion date for the Project (live on the internet) if requested. Gemini Digital Ltd will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date.
11. It is the Client’s responsibility to check with Gemini Digital Ltd whether Open Source Software is being used or not.
12. The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Gemini Digital Ltd Ltd or the Client.
13. Gemini Digital Ltd own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by Gemini Digital Ltd for the Client, unless the images have been supplied by the Client. Item 16 is subject to item 15.
14. All images displayed on the Client's website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Gemini Digital Ltd they will be the sole responsibility of the Client.
15. Domain names will be registered by Gemini Digital Ltd and also registered to the Gemini Digital Ltd current address. Gemini Digital LTD remains the legal owner of all domain names until the invoice is paid for in full. The client will then become the legal owner of the domain and can request us to change the listed details, which we will do within a reasonable time frame and free of charge. Should a project become disputed the client can request us to transfer domain names to them at our discretion. The domain name will be charged at current market value plus £50per domain - The Transfer Fee-
16. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Gemini Digital Ltd can not be held liable for this. However, Gemini Digital Ltd will make reasonable effort to contact the Client regarding domain renewal.
17. When a Client renews Hosting with Gemini Digital Ltd or its subsidiary , this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Gemini Digital Ltd can not be held liable for this.
18. Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the Client. The Hosting will not be renewed if Gemini Digital Ltd cannot contact the Client or the Client requests for Gemini Digital Ltd to not host this site. This will also affect the domain as per item 20.
19. The Hosting renewal charge must be received within 10 days of the Hosting expiry date. Gemini Digital Ltd reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Gemini Digital Ltd for reactivating the website/Hosting.
20. If the Client does not use Gemini Digital Ltd Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
21. Free domain renewals apply to 1 domain name per full hosting account. Free updates apply to websites hosted with us, maximum of 3 hours updates per year. Updates after this will attract a charge.
22. Gemini Digital Ltd has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client's web sites constitute Gemini Digital Ltd endorsement, or approval of the website or the material contained within the website. Gemini Digital Ltd has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. Gemini Digital Ltd provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
23. Gemini Digital Ltd are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.
24. If a Domain name is purchased by the Client through a company other than Gemini Digital Ltd, the Client has full responsibility in making sure that the domain name is renewed when due. Gemini Digital Ltd will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Gemini Digital Ltd
25. Gemini Digital Ltd makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
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