ph9 Limited, Registered company number 05123193. Registered in England and Wales.
Registered address: Friar Gate Studios, Ford Street, Derby, DE1 1EE, United Kingdom
These terms and conditions apply within the UK, Europe and Internationally
Any work, sales or services undertaken by ph9 are subject to these terms and conditions. We reserve the right to change these terms & conditions at any time without notice.
Tech support for email, web sites and database systems
If your monthly payment includes technical support then all technical support is free. Almost all web sites we've created in the past few years have technical support included free in the monthly fee. If you're unsure for any reason then please just ask - we won't charge you to ask.
Please make sure you check our Frequently Asked Questions on http://www.ph9.co.uk/support/ before submitting a support ticket.
IT Support (eg support for your computer, your own server, your own network etc)
Tech support is charged at £75/hour + VAT and is billed with a minimum charge of 30 minutes per request. We don't charge for tech support if you don't use it so it's pay as you go.
This service is available 24/7. However Tech support requests made outside of our usual working hours is charged at 1.5x to 2x our usual rate unless pre-agreed. Please see the contact page on our web site for our standard working hours / opening times.
Products or services with monthly fees are for a minimum commitment of 12 months. The cancellation / notice period required is 3 months. The monthly management fee is payable from the 1st of the month subsequent to your web site being presented to you. You can find out more about the fantastic value included in our monthly management fee by visiting http://tinyurl.com/cwpso2a
Off the shelf web sites
Payment is required in advance.
Web sites designed prior to Jan 2013 - Payment is due within 7 days of completion of stage 6 in our web site design process. Web sites don't go live until final payment has been made.
Web sites designed after Jan 2013 - We will invoice you 50% as a deposit, then 40% after presentation, and the remaining 10% when the site goes live. If your web site doesn't go live within 8 weeks of presentation, we reserve the right to invoice you for the remaining 10%.
Modifications or upgrades to your web site
Our standard invoice term is payment within 30 days. We will invoice on presentation of the work which provides you with 30 days to make sure you're happy with it before the invoice is due.
If pre-payment isn't required then we will send you the completing invoice once the work has been presented to you. This may be before the changes go live (eg: if we are awaiting your approval or to upload content). If you have any modifications, bug fixes or revisions that need to be done to the upgrades, then this is carried out under the warranty we provide but as we have completed the bulk of the work to the best of our ability and to the specification provided it is our standard terms that our invoice is payable.
For general invoices our payment term is strictly 30 days unless otherwise stated on your invoice.
Interest under the Late Payment of Commercial Debts (Interest) Act 1998 of bank rate plus 5% plus bank charges/penalties, is payable on any invoice in the event of payment not being made within 30 days.
We also reserve the right to suspend your services with us in the result of an invoice being overdue.
All physical goods sold by ph9 remain the property of ph9 until paid for in full.
If you commission us to do work for you or setup a site for you, then subsequently change your mind, we reserve the right to charge you all of part of the remaining fees as we may have already completed or started the work and/or incurred costs.
Please note that the 7 day distance selling regulations do not apply to bespoke web site services or set up of off the shelf web sites as a service and customisation is involved.
In the event of non payment of services or bad debt we reserve the right to turn your services off (we will provide a 7 day notice in writing before we do so). To re-active your services there is a minimum fee of £100+VAT. If your email is switched off you may loose email.
Hardware sales / warranties / guarantee
All our new hardware and software products are covered by the manufacturer's warranty.
All estimates are provided as an estimate only. Ultimately you are in charge of how much your final bill will be. Any additional requirements or alterations asked for will almost always have to be charged for at our standard hourly rate on top of your estimate. As a service based company we have no choice but to cover the time we spend working in order to remain healthy and stable.
Licensing / Intellectual property rights / copyright
All programming and database code, web site managers, software systems, databases, technologies, web site code, and other work developed by ph9 Limited is copyright, and the Intellectual property of ph9 Limited. Our code, web site managers, and software / database systems are licenced, and not sold.
Our off-the-shelf web sites and software systems (which include ubersopht, Surgeryware, CRWWare, sub-versions of CRWWare and others) are products of ph9 Ltd are are licenced, not sold.
Our web sites, web site managers, software systems, databases and other products and services, and the ideas and concepts behind them, are the intellectual property and copyright of ph9 Ltd. By using our services, facilities and products you agree not to attempt replicate or redistribute these. Any attempt to do so will be considered an illegal act and we will seek full punishment by law.
We reserve the right to re-use and re-develop any of the code we right or ideas we develop in our database and software systems, web sites, and other work for new systems.
By purchasing a web site from us you are not entitled to the source code for our web site managers.
When we provide you with a web site we do not include uploading your content to your web site. Instead we provide you with a content mnagement system (CMS), often known as the "web site manager" where you can very easily add the content to your web site. We provide you with training on how to do this and hold your hand during the process with help via remote control and the phone. It's usually quicker than sending us your content and asking us to upload it for you.
Transferring your web site to another company
If you have had a new web site designed and wish to move your web site address to point to your web site this is not a problem. In most cases you are the owner of the domain name and as long as you have no outstanding balances with us we are more than happy to move it for you should it be registered with us. A small fee may apply for this service.
Should you wish to move your web site in it's entirety (including moving the site we've actually built for you rather than just the web address), in most cases, we can arrange to provide you with a copy of your web site but a contract must be signed to provide you with this and the web site manager will be provided in a compiled format so that our source code is not replicated or misused.
If you move the web site away from our hosting and/or stop paying our monthly management fee your warranty is voided.
Should you wish for another web agency etc to work on your web site (eg the technical elements or CMS) then this will instantly void your warranty.
Any additional requirements which are requested are quotable and chargeable by ph9 Limited. This would include things like additional requests for a web site such as a new feature or extra pages or anything outside of our quotation or specification for building the web site.
Domain name renewals
All domain names held with ph9 are automatically renewed 30 days prior to their expiry date to safe guard your domain name for you. Should you not wish to renew a domain name we require emailed or written notice a minimum of 30 days before. By registering a domain name with ph9, or transferring a domain name to ph9, you enter into this contract.
One of the main ways we find new clients is by having a "Designed by ph9" or "Web site by ph9" link discreetly placed at the bottom of your web site. By using this as part of our marketing strategy we're able to offer our services to our clients at a more affordable rate. So as part of the terms of every web site projectwe insist of being able to have a link discreetly placed at the bottom of the site. If this is a problem for your particular project please let us know.
Web site hosting and warranty
We provide lifetime warranties with the majority of our web sites. These warranties mean problems are fixed with your web site should they arrise (as long as they are within our control). In exchange for this lifetime warranty we ask you to pay a monthly management fee which includes management, hosting, access to your CMS and other benefits. Should you stop paying the monthly fee then the warranty ends.
Ideally, web sites and software systems developed by ph9 require that they are hosted with ph9 to function correctly. This is because we take full advantage of having our own hosting facilities in order to be able to develop our web sites and web based software systems. When hosted with ph9, your web site or web based software system comes with a lifetime guarantee for as long as it is hosted with us and you are paying your monthly management fee.
Should you require to move your web site to another host any warranty we provide is voided.
If you require us to set up your web site or web based software system with another host this will be at additional cost, will be provided with no guarantee (due to it being hosted on a third party platform), and may not function completely correctly when implemented due to the inherent limitations.
As part of our web site hosting we provide you with a toolbar on your "web site manager" (the area where you can control your web site) so that you can report a problem, get help, submit a billing query etc. We reserve the right to place this on your web site manager and provide it for your ease of use.
Email hosting and backup
Our email hosting provides IMAP and SMTP services, together with web based email. Our email servers are backed up but should you delete all your emails, or your computer loose some of your emails then they may also get removed from our backup server. It is your responsibility to make sure you have sufficient backup in place. For advise on backup solutions please contact us.
Service Level Agreement (SLA)
We currently provide a Service Level Agreement (SLA) on our hosting of 99% averaged over a 3 month period.
Our liability on hosting is restricted tothe fees you pay for hosting.
Mailing list suite, email service, and email marketing
ph9 provide an email marketing suite with all new websites. By using this feature you agree to abide by our email marketing rules as follows:
ph9 reserve the right to remove your email marketing abilities if abuse of our service is found or repeated violation of these terms and conditions applies
- You must not send spam. Spam is defined as an email you send to someone who hasn't given you their direct permission to contact them on the topic of the email
- You must not send marketing material to lists of email addresses that have been bought or otherwise aquired from a 3rd party
- You must only send email marketing messages to addresses that have specifically opted in to your mailing list
- You must not use the email marketing system to distribute content that can be deemed offensive, violent, pornographic, illegal or otherwise nothing in keeping with the content of your website
The above also applies to our standard email service (eg emails sent using SMTP/IMAP, Outlook, Mac Mail, Thunderbird, ph9mail.co.uk etc etc)
Thid party alterations of your web site
Should you wish for another web agency or individual to be involved in the technical aspects of your web site or add new sections (eg instead of us) then we employ the following terms:-
- Should you wish for us to collaborate with the other agency or individual you have employed, and wish for us to manage the technical aspects and integration with the work we have produced for you, then we can maintain your web sites warranty in most cases
- However, in most cases, should you wish for another company or individual to work on the technical elements of your web site or the administration system (eg the "web site manager") then this will void your web sites warranty with us. We can't provide our warranty if third parties are involved in the technical aspects as we can't warranty aspects we don't have control of. So we would recommend working in collaboration with any third party web agencies and managing the integration with the work we have produced so that we can maintain your warranty
- Should the other company or invidiual you employ require our assistance or time (eg for implementing work you have contracted them to do), we reserve the right to charge you our standard hourly rate for this time. These are costs we have to cover.
Web site modifications - There is a minimum 30 or 60 minute charge for web site modifications depending on what they are and your account terms. Our hourly rate is £75/hour+VAT.
IT Support - There is a 30 or 60 minute minimum charge for IT support depending on the requirements, your account terms, and what needs doing.
For any further clarification of these terms and conditions either verbally or in writing please contact us.