As a user of the services or products provided by Website Knight and/or as a visitor or user of www.WebsiteKnight.net (also found under the domain, www.WebsiteKnight.co.uk) you agree to the following Terms and Conditions. Please read them carefully.
These Terms and Conditions were last updated: 18-07-2010
1. Acceptance of Terms
1.1. www.WebsiteKnight.net is provided by Victor Taylor, trading as Website Knight (the "Company"), which provides its services, including the website, www.WebsiteKnight.net, to customers and general users ("you") subject to the following Terms and Conditions ("TACS"), which may be updated by the Company from time to time without notice to you.
1.2. When using particular Website Knight services, or other items provided by the Company, you will also be subject to any published or otherwise provided guidelines or rules applicable to such services, which may be published or otherwise provided from time to time. All such guidelines or rules are hereby incorporated by reference into the TACS.
1.3. www.WebsiteKnight.net contains images, artwork and other data. You are not permitted to download or use any images, or other material from www.WebsiteKnight.net or use such material other than for display on www.WebsiteKnight.net.
1.4. If the Company's business changes, or for any other reason the Company cannot continue to host your website, all effort will be made to ensure that the hosting of your website is undertaken by another hosting provider but there is a chance (although extremely unlikely) that you may lose it. You agree not to hold the Company liable and the Company accepts no liability in respect of, the loss of all data relating to your website. You are strongly advised to keep copies of any data, images, music or otherwise that you use on your website.
2. Description of Service
Website Knight currently provides online services and resources as outlined within it's pages. Unless explicitly stated otherwise, any new features that augment or enhance Website Knight, including the release of new Services, software tools or resources, shall be subject to the TACS. The Company may add, delete or change some or all of the Services provided as part of Website Knight at any time. Unless otherwise stated these TACS apply to you whether you are a casual user of www.WebsiteKnight.net, a Member, Client or other user.
3. Service Limitations for the "Website Package Deal" service
3.1. The service entitled "Website Package Deal" offered by Website Knight is provided as a system that gives the customer an all-in-one website solution, reducing the Client's costs with the understanding that there are time and workload restrictions in place.
3.2. In the creation or redesign of a website using the Website Package Deal service, the design will consist of a standard layout of 'header', 'menu', 'content area' and 'footer'. Every effort will be made by Website Knight to produce a high quality, appropriate and effective design within these limits.
3.3. Overly complex layouts, as defined as such by Website Knight, such as those including Flash animations or other time-intensive styles and graphics are not possible with the Website Package Deal service without additional fees charged to the Client.
3.4. In the creation or redesign of a website, one (1) design draft is created after consultation (in writing or by telephone discussion) between the Client and Website Knight. The Client may then choose to have any changes made to the design but must make the changes required as clear and concise as possible, either in writing or during a one-time telephone conversation with Website Knight lasting no longer than thirty (30) minutes.
3.5. Once any changes have been made to the design, which can amount to a complete redesign of the first draft if required by the Client, no further design changes can be made apart from minor tweaks. Minor tweaks are defined as such by Website Knight. Any further changes to the design considered as more than minor tweaks by Website Knight will be subject to an additional and appropriate, as defined by Website Knight, fee.
4. Subscription, Cancellation and Refunds
4.1. When you order services from Website Knight payment will become due within 30 days of your receipt of an invoice. The invoice is sent to you once Website Knight is clear about the details of your order.
4.2. Bespoke website services and the Website Package Deal service provided by the Company (unless an alternative agreement has been made between you and the Company) require recurring fees for 'website hosting', 'ongoing customer and technical support' and possibly the rental/tariff of certain website features. Should you cancel your Bank Standing Order or other method of making recurring payments, or if there is an issue/problem with making payments, you agree that Website Knight has the right to make your website and services publically inaccessible until payments are resumed. If payments are not resumed within 3 months you agree that Website Knight has the right to regretfully delete your hosting account and all related website files/programmes/databases from the web server.
4.3. A 100% Refund can be requested for up to fourteen (14) days after your payment for any service has been received by the Company. This time period will be extended for a further fourteen (14) days if the Company has not started work on the service ordered within fourteen (14) of receipt of your payment.
4.4. After fourteen (14) days from of receipt of your payment by the company, and if the Company has begun work on delivering the service ordered, no refund is possible.
4.5. Refunds or part-refunds may be possible in certain circumstances or situations but only at the discretion of the Company. If for any reason you wish to apply for a refund, please contact the Company.
4.6. If your account is terminated as a result of your breach of these TACS, the remainder of any payment made by you will not be refundable.
5. Proprietary Rights and Licenses
5.1. You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in www.WebsiteKnight.net or information presented through www.WebsiteKnight.net by the Company or by advertisers is protected by ours or their copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that the Company can display images and text throughout www.WebsiteKnight.net, including the insertion of sponsor messages into messages distributed on Website Knight mailing lists. If you use website features, software or pages hosted by Website Knight but do not host your main website with Website Knight you agree to have the Website Knight name and/or logo displayed on your Website Knight hosted features, software or pages (if required by the Company) and that this name and/or logo will also function as a hyperlink to the www.WebsiteKnight.net website.
5.2. Except as expressly authorised by the Company or advertisers, you agree not to copy, reproduce, republish, transmit, rent, loan, sell, lease, licence, sub-licence, distribute or create in any way content and/or derivative works from www.WebsiteKnight.net, in whole or in part.
6. External links
www.WebsiteKnight.net may provide, or third parties may provide, links to other World Wide Web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. As the Company has no control over the content or security of such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access linked third-party websites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or webmaster.
7. Disclaimer of warranties
7.1. You expressly understand and agree that:
(a) Your use of www.WebsiteKnight.net is at your sole risk. Website Knight products and services are provided on an "as is" and "as available" basis and the Company and its suppliers, to the fullest extent permitted by law, make no warranties, express or implied, in relation to this site or its contents, including, but not limited to, security, warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. The Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, products, services, software, text, graphics, and links.
(b) The Company is not responsible for the content of its client's websites, accessible through use of that site or messages distributed through mailing lists, and assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information published by clients on their websites or otherwise.
(c) The Company makes no warranty that (i) www.WebsiteKnight.net will meet your requirements, (ii) that www.WebsiteKnight.net will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of www.WebsiteKnight.net will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through www.WebsiteKnight.net will meet your expectations, and (v) any errors in the software will be corrected. Further, if your use of the website or the material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
(d) Any material downloaded or otherwise obtained through the use of www.WebsiteKnight.net is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(e) No advice or information, whether oral or written, obtained by you through or from www.WebsiteKnight.net shall create any warranty not expressly stated in the TACS.
8. Indemnity
8.1. You agree to defend, indemnify, and hold harmless the Company, its owner, officers, directors, employees, partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the content, software, services or connection to www.WebsiteKnight.net or your breach of the terms of these TACS, including, but not limited to:
(a) any injury to any person or property caused by products or services supplied through the medium of www.WebsiteKnight.net;
(b) any material which infringes the proprietary or intellectual property rights of any third party;
(c) copyright infringement; or
(d) any defects in products sold through the medium of www.WebsiteKnight.net.
8.2. The Company shall provide notice to you promptly of any such claim, action or demand as described in paragraph 7.1 and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
9. Limitation of Liability
9.1. Your use of www.WebsiteKnight.net and the Company's services is at your own risk. If you are dissatisfied with any of the website's content or the Company's service or with these TACS, or any other rules or policies, your sole remedy is to discontinue use of www.WebsiteKnight.net and the Company's services.
9.2. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in an action of contract or tort, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use www.WebsiteKnight.net; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from www.WebsiteKnight.net and the Company; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to Website Knight.
9.3. In no event will the Company's liability to any user arising out of or in respect of these TACS exceed £100.
9.4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this paragraph 9 may not apply to you.
9.5. www.WebsiteKnight.net's online Support Centre & Helpdesk, and Comment facilities, proprietary rights: You agree that upon posting any material at www.WebsiteKnight.net on any web page or within the Support Centre & Helpdesk, open to the public or clients/members only, you grant the Company and its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable licence under your copyrights or other intellectual property rights, if any, in such material, to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty to account to you. You also grant the Company the right to authorise the downloading and printing in whole or in part of any material that you have posted to the website or Support Centre & Helpdesk, by end-users for their personal use.
10. Modifications to the TACS or to www.WebsiteKnight.net
The Company reserves the right to change the TACS at any time without notice. The Company also reserves the right at any time and from time to time to modify or discontinue www.WebsiteKnight.net temporarily or permanently, with or without notice to you. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of www.WebsiteKnight.net.
11. Uses and Storage
You acknowledge that the Company may establish general practices and limits concerning use of www.WebsiteKnight.net. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by www.WebsiteKnight.net. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. Termination
12.1. You agree that the Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of www.WebsiteKnight.net or online service run by Website Knight, and remove and archive or discard any content within www.WebsiteKnight.net or online service run by Website Knight, including any client's website or hosted website features for any reason, including, without limitation, if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TACS. The Company may also in its sole discretion and at any time discontinue providing www.WebsiteKnight.net, online service run by Website Knight, or any parts thereof, with or without notice. You agree that any termination of your access to www.WebsiteKnight.net or online service run by Website Knight under any provision of these TACS may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or www.WebsiteKnight.net or online service run by Website Knight. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to www.WebsiteKnight.net or online service run by Website Knight.
12.2. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
13. General
13.1. The TACS constitute the entire agreement between you and the Company (including, but not limited to, any prior versions of the TACS). You also may be subject to additional terms and conditions that may apply when you use certain services of the Company, third-party content or third-party software.
13.2. The Company makes no claims that the content of www.WebsiteKnight.net is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom. Access to the content (including any software) may not be legal by certain persons or in certain countries. If you access a Website Knight or any of its clients' websites from outside the United Kingdom, you are responsible for compliance with the laws of your jurisdiction.
13.3. The Company is headquartered in Nottingham, England. All legal issues arising from or related to the use of www.WebsiteKnight.net shall be construed in accordance with and determined by the laws of England. By using www.WebsiteKnight.net, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of www.WebsiteKnight.net and the Website Knight services and products is the English courts. You hereby accept and submit to the jurisdiction of such courts in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
13.4. If any provision of these TACS 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 TACS, which shall remain in full force and effect. No waiver of any term of these TACS shall be deemed a further or continuing waiver of such term or any other term.
13.5. Should you find any content or otherwise on a website belonging to a client of Website Knight that you feel breaches the TACs outlined, please contact the Company providing the site URL and details of the complaint. Your complaint will be investigated immediately and you will be informed of the outcome. Note: your details will not be given to the website owner in question.