Terms and conditions

Terms and conditions

e-commerce web design and social media marketing terms and conditions

1) Terms of development

a) In order to keep the cost of developing your website, portal or e-commerce store as low as possible, we make use of a number of commercially available tools.

b) Many of the tools we use are Open Source, free to use, however, they will never be owned by you. Each of the respective publishers has their own individual license rules, terms and conditions, we accept no responsibility for these tools, as a customer of Fusionsoft it is your responsibility to review each of the publisher’s terms and conditions. Accepting our Estimate for the development of your Project and commissioning Fusionsoft to build and deliver your Project confirms your acceptance to our terms and conditions as published on this website and the acceptance to terms of the publishers’ tools that we may use within your project.

c) We do not represent these companies nor do we provide any guarantee or warranty for their software or services, Fusionsoft accepts no responsibility for any claim arising from the use of these tools.

d) As well as Open Source licenses, some tool publishers provide access to their technology on a hosted basis; this is commonly referred to as Software As A Solution (SaaS). Accepting our estimate for the development of your project is an acceptance that you agree to the terms of each of the technology providers terms and conditions, any dispute will relating to the use of our breach of these terms are between you and the respective provider.

e) SaaS tools or services are provided on Perpetual licenses or similar terms set by the respective service provider, it is your responsibility to familiarise yourself with these terms. Accepting our estimate to develop your project is acceptance of the terms and conditions for each technology provider and you accept that Fusionsoft cannot be held responsible for their terms and conditions. You must deal with any dispute directly with the publisher.

2) Fusionsoft terms and conditions of sale

a) Due to the nature of developing small low budget projects, it is not possible to provide unique contracts for each and every client, on this basis our terms and conditions from this document, and the specific project requirements as detailed in our Estimate are the terms in which will carry out your development.

b) Intellectual Property

i) The content provided by you for use in the project remains your copyright.

ii) Open Source software or tools used within your project remain the property of the respective tool manufacturer; these include but are not limited to:

iii) Magento commerce

iv) MODx

v) WordPress

vi) Apache

c) Hosted solutions and SaaS applications, products and tools are provided on the terms and conditions of the publisher of the tool, these include but are not restricted to:

i) Magento Go

ii) MODX

iii) Weblinc

iv) WordPress

d) Weblinc

i) Weblinc is owned by Fusionsoft and is provided on a SaaS hosted model for all projects with a first year spend of less than £30,000 before VAT

ii) Where Weblinc is provided on a software as a service (SaaS) hosted model, the cost of the license will be included within the agreed hosting charge.

iii) For projects over £30,000 at the customers’ discretion, Weblinc can be provided on a hosted basis or can be installed on the clients own hosting. Costs associated with the licensing of Weblinc will be detailed in the Estimate and specification provided for the relevant project.

iv) Weblinc is provided on a perpetual license basis, you are entitled to use Weblinc for the duration of your project.

v) Use of Weblinc expressly excludes any modification of the core software, the admin dashboard or any other aspect of the product without prior written consent.

e) Third Party Tools

i) Fusionsoft will use a selection of third-party tools to design and build your website, these tools will remain the property of Fusionsoft, these include but are not limited to:

(1) Graphic design software

(2) Word processing software

(3) Project management software

(4) Spreadsheet software

(5) Databases

(6) Application servers

(7) Operating systems

3) Development Services

a) Fusionsoft provides a range of development services, unless otherwise stated, all code, software, inventions, ideas and concepts produced during your development project will remain the property of Fusionsoft.

b) Should you wish to own any code, software, inventions, ideas and concepts produced during your development project, this must be agreed in writing before the commencement of your project.

c) Fusionsoft retains the right to charge extra for any work within the project where intellectual property was not originally provided by you but is passed to you under condition 3b above.

4) Hosting

a) Fusionsoft provides a hosting service to some of its customers. These hosting services are provided on infrastructure that is rented leased from a third party data centre hosting provider. These services are controlled exclusively managed and paid by Fusionsoft direct; you will have no direct access to the hosting infrastructure.

b) We do not provide or allow FTP access to our hosting under any circumstances.

c) We do not give third party access to our hosting infrastructure under any circumstances.

d) Fusionsoft is responsible for the applications that it installs onto the hosted infrastructure, the data centre hosting provider is responsible for the operating system, the patching of the operating system, the upkeep of the hardware, the provision of the firewall and connectivity to the internet.

e) Fusionsoft and its hosting supplier will do its best to ensure that your website is visible to the outside world for the maximum possible time, Fusionsoft and its supplier make no guarantee or warranty as to the availability of your website to be available for access on the web.

f) Repair and maintenance of any issue that causes your website to stop being visible on the Internet will be provided on a best endeavours basis, we provide no guarantee of uptime or availability.

g) Termination

i) Hosting

(1) Should you decide to move your website to another hosting provider we retain the right to charge a reasonable fee for the back up and provision of your website to you or your new hosting partner.

(2) Once your hosting is moved away from Fusionsoft control, unless otherwise specified and documented, Fusionsoft are relieved of all future support and maintenance of the website.

(3) Hosting charges are made in advance of providing the hosting.

(4) Hosting is provided on the minimum time term outlined below, no refund of advance payments will be provided for early termination;

(5) 1 month rolling

(6) 3 months

(7) 6 months

(8) 12 months (annual)

ii) Project Termination

(1) 90 days notice of termination of the project is required in writing.

(2) Monies paid for the design development and implementation of the project to the point of termination, including the 90 days notice is payable in full.

(3) No refund is available for services provided before the termination notice is served.

(4) Where any on-going services have been committed to in order to deliver the Project Specification, these charges will be required to be paid and settled in full by you to Fusionsoft.

5) Payment

a) Payment for the services delivered are to be made by stage or phased payments, the payment amounts and time for the payments will be detailed in the Estimate Specification document.

b) The project in its entirety including any intellectual property provided by you will automatically become the property of Fusionsoft unless payment is made by you as detailed in the Estimate and specification document by you for the works delivered.

c) Failure to pay for hosting will result in your project being taken off-line, the website will not be visible on the Internet if your advance hosting charges are not paid.

d) The project will be stopped and no further development undertaken if the phased payment.

e) Late payment will cause delays to the development of the project, therefore, any agreed delivery dates for the project will be waived at the point of passing the due date of the invoice submitted.

f) All prices quoted are exclusive of VAT and taxes, which will be charged at the current governing rate.

6) General

a) Fusionsoft terms and conditions apply unless otherwise agreed in writing,

b) Commencement of any work by Fusionsoft confirms your acceptance of our terms and conditions as stated both in this document and in our Estimate and Specification.

c) It is your own responsibility to read these terms and conditions and to seek independent advice regarding them and how they relate to your Project.

d) Payment of phase 1 of any works, project or otherwise, is a statement to your acceptance of the terms and removes the requirement for a signed contract or agreement.

e) It is a condition that the laws of England and Wales govern the contract between us.

f) Any claim under these terms and conditions is limited to the maximum fees paid for the development of the project; it expressly excludes hosting charges or the cost of any additional tools or service that was purchased for use in delivering your project.

g) All trademarks, logos, Open Source and SAAS software remain the property of the respective intellectual property owner, including our own application Weblinc.

h) Headings and titles used within these terms are provided for ease of reading, on their own they do not form part of the terms of agreement.

i) Fusionsoft will not be held responsible for the performance or reliability of any third party applications; Fusionsoft does not directly own software, service or consulting that.

j) Project completion

i) Payment of the final phased payment fee as outlined in the Estimate Specification is treated as sign off of the project and that you are happy with the project and accept it as finished.

k) The agreement of the specification, features and or functionality for the Project is only agreed if it is written and a price provided for it within the Estimate Specification. Any requirement, specification, feature or concept not written in the Estimate Specification is excluded from the agreement and not included within the price agreed.

l) These terms and conditions supersede any other terms or conditions provided by you unless they are written in and included within this agreement or the Estimate Specification.

7) Terms used within this document

a) Where used, Project refers to any development work delivered against the Estimate Specification including a website, e-commerce website / online shop, website portal, directory, auction, hosting, services, consulting, maintenance or other bespoke software development.

b) Where used Estimate Specification refers to the document used to detail what we will be delivering and the charges for the project.

c) Where used Weblinc refers to an e-commerce application owned by Fusionsoft and unless otherwise documented in writing provided to you as a SaaS hosted service.

d) Where referred to Open Source software is software provided by a publisher under the terms and conditions set by the publisher or owner of the software.

e) Where used SaaS refers to a service provided by Fusionsoft and various other internet software suppliers, SaaS is the hosting of a software application or service to provide a user with cost-effective access to expensive and otherwise difficult to manage software or a service.

f) Intellectual property refers to information, designs, knowledge and know how.

Revised: 10/05/2016

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