Terms & Conditions
“We”, “us”, and “our” means Cumulus Digital Ltd Limited and all of its employees, agents, or representatives.
“You”, “your”, and “the customer” means any individual or group that makes use of any of our products or services.
We will not become involved in any websites that:
- contain adult material
- have any direct connection with any political, religious, or military group
- are related to the tobacco industry
- involve any form of gambling
- are offensive or defamatory
- are involved in sending unsolicited bulk e- mail (spam)
- are misleading or contain statements that are not true
- are connected with any form of fortune-telling or the occult
- involve any illegal activity (including copyright violations)
- we decide to refuse for any reason of our own.
If you include any such material in a website hosted by us, we reserve the right to edit or delete such material and/or to suspend supply of any services to you – including taking your website offline if we deem it necessary. It is your responsibility to ensure that any material that appears on your website does not infringe on any copyright laws or trademarks. You agree to indemnify us against any legal action that may result from material that appears on your website.
You must not send unsolicited bulk e-mail (spam).
You must not use our mail system which is designed for normal B2B email for sending bulk email via PC based email software such as Outlook or Outlook Express. This type of email should use a dedicated email service which we can advise on. You must not knowingly send or execute any form of computer virus. You must not send chain letters in any form, including e-mail.
You must not use our email service to distribute newsletters. Our email service is limited to 500 emails per day per customer (not per email account) as we do not support newsletter distribution on our server. If you need to send large amounts of email, we suggest you use a 3rd party service such as icontact.com for newsletters or authsmtp.com for a simple outsourced smtp (outbound email redirection) service that can support large volume email.
You must provide us with your postal address, telephone number, and e-mail address and endeavour to keep us updated as soon as these details change in order to maintain communication links.
We reserve the right to contact you via post, telephone, or e-mail for matters relating to the work we are undertaking on your behalf, or relating to these terms and conditions.
If we do undertake to back up your data for you, we cannot be held responsible for any loss or damage that results from our provision of this service, and whilst we will take all reasonable steps to safeguard your data, we provide no guarantees as to the reliability, accessibility, or security of backed- up data. You must ensure that you have made adequate provision for backing up your own data.
You must ensure that your site and all of your activities in relation to it, comply with all relevant data protection and other legislation. You must take reasonable precautions to protect any user names and passwords that are used in connection with any products or services we supply, and to prevent unauthorized persons from obtaining or using them.
You must take reasonable precautions to protect your personal computer from Virus or Spyware attacks as such attacks could possibly compromise your hosting account on our server.
If your website becomes compromised by way of a hacking attack, Cumulus Digital Ltd will charge for setting up a Hack Monitoring and Un-hacking service. Cumulus Digital Ltd will not unhack a customer site for free, but will offer free guidance throughout the process. Unhacking a CMS website can be a timely task and so this activity will always be chargeable. You agree to supply to us in a timely manner any text, images, or other material that may be required for the creation of your website, as requested by us, and in the format(s) agreed between us.
You agree to communicate with us in a timely manner on matters such as website development, hosting and billing.
Whilst our websites normally perform well in the search engines, there is no guarantee in this respect. If search engine ranking is important to you, you should consider one of our search engine optimisation plans. We do not allow any other SEO companies to undertake this type of activity on any of our customers websites. Where your requirements for the website we are constructing for you change or are added to or deleted from in any way, we reserve the right to amend the amount we charge you to reflect the changes. We will inform you if there is any increased charge involved before proceeding with extra or amended requirements.
Where a requirement is withdrawn, we reserve the right to charge the full price (or a proportion thereof) for the requirement or feature, even though it is not used – however, we will only do this if we have already spent any time or money on developing the requirement or feature. This includes those customers who choose not to go live with either a partially of fully completed development. In such cases, we will normally charge the full quoted price of the development.
Any further work undertaken after the design of your website has commenced will also be bound by these terms and conditions.
Any estimates relating to the time of delivery of any product or service to you are subject to change. We cannot be held liable for the consequences of any delay that might occur in delivering products or services to you.
You retain the copyright to any text, images, or other material that you supply.
We retain the copyright to any text, images, or other material that we supply, and grant you license to use them only in their original intended context as defined by us.
We will not be held responsible for any loss or damage however caused, that results from the provision or use of our products or services, including but not limited to any printed or digital materials that may come into our possession.
If you contravene any of these clauses, we reserve the right to cease supplying all services, and to remove any connection between us and you that may appear on your site immediately. Contravention of any of these clauses implies that you wish to terminate our agreement with you, and any outstanding fees would become due immediately.
We reserve the right to include a link to our website on every page of your website that we design. For customers that do not want this link on their website, it can be removed for 25% of the project price.
We reserve the right to amend these terms and conditions at any time without notice, although we will endeavour to notify you of any changes in advance.
We reserve the right to cancel any of our agreements with you at any time by providing 7 day’s notice to you in writing. You have a similar right to terminate any agreements held between us by providing 7 day’s notice in writing, however on so doing you become immediately liable for all outstanding charges, including the full cost of any web design or other work that we have started.
Upon termination of any agreement, you are liable for all outstanding fees, which will become payable immediately. For custom or eCommerce websites or for projects over £1000, a deposit of 40% of the quoted price is required before we start work on your website, unless otherwise agreed with us. For projects under £1000, we take the amount in full at the start of the project.
After termination of any agreement, you will not directly or indirectly, on its own behalf or in the service or on behalf of others, in any capacity
- induce or attempt to induce any officer, director, or employee to leave the other party, or
- solicit or accept, or attempt to solicit or accept, the business of any customer, consultant, or patron of the other party.
- solicit or accept, or attempt to solicit or accept, any subcontractors/ Developers/ companies contracted/employed directly by us to carry out works on your behalf.
If the Cumulus Digital Ltd performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
(a) Cumulus Digital Ltd shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Cumulus Digital Ltd’s performance of any of its obligations;
(b) in the event Cumulus Digital Ltd is required (at the sole discretion of the Cumulus Digital Ltd) to carry out works to remedy the Customers Default, the Supplier shall be able to invoice the time spend carrying out the remedy works at a rate of £120 per hour;
No contract of any kind may be construed by anything that appears on our website. However, these terms and conditions are applicable from the moment you instruct us to begin work on your behalf.
The Customer shall pay for each invoice properly submitted by the Cumulus Digital Ltd. All fees must be paid in full within 7 days of the invoice date unless otherwise agreed with us. Payment shall be made in full and in cleared funds to a bank account nominated in writing from time to time by the Cumulus Digital Ltd, and time for payment shall be of the essence of the Contract.
We reserve the right to de-activate your website and/or cease providing any goods or services to you at any time and to charge interest and recover our credit-control costs from you if any payments that are due from you are late. If the Customer requires all de-activated accounts to be reactivated, a reactivation charge of a minimum of 4 hours will be applied, however this is subject to size of account and work involved.
During the development of a tailor-made website, we may provide you with a URL link and/or private access to a prototype version of your website. You must inform us immediately if there is any aspect of the prototype site which you feel is unsatisfactory for any reason whatsoever, but please bear in mind that this is still in the development stage and therefore may not be entirely accurate.
In the event that you are not satisfied that the agreed work has been successfully completed, you must inform us immediately, and state the full reasons for your dissatisfaction. Upon resolution of the items you raise, the work will be deemed to be complete, and payment will become due.
We cannot be held responsible for any products, services, or facilities provided by a third party, including but not limited to web hosting and associated features. In any case, our liability shall be entirely limited to the sum paid to us by you for those exact servces.
Our hosting accounts are only to be used in conjunction with the website solutions developed by us and not for any other purpose ie: ebay shop or image hosting, personal file storage etc.
No other companies will be given access to customer hosting accounts to perform SEO on any of our customer website solutions unless it can be proved that we are not able to provide a similar service at competitive prices.
Although we are very confident in the high quality of our products and services, it is virtually impossible for Cumulus Digital Ltd to guarantee that our work will be 100% free of bugs or errors. If an error or omission in the work is found, we will normally correct the problem quickly and without further incident. However, if an error or omission in the website development is found and this should result in damage to your business or result in a legal dispute, you agree not to hold Cumulus Digital Ltd liable for damages exceeding the purchase price paid by you to Cumulus Digital Ltd for the development work. You may be entitled to a full refund, but you will not be entitled to any compensation for lost sales, downtime, or other consequences resulting from errors or omissions in the work. All errors must be reported within 14 days of the latest release or upgrade.
The price paid for any single website or custom development allows you to use that on one single domain (excluding normal domain pointers). If you require a copy of your site for another project or domain, a single fee of 50% of the initial purchase price will be payable but this is limited to the customer in question. You are not permitted to distribute a copy of your site without prior consent and payment from Cumulus Digital Ltd.
Any legal dispute between you and us will be settled in the courts of England.
In the event any one or more of the clauses in these terms and conditions is deemed to be invalid for any reason, the remaining clauses will be unimpaired and the terms and conditions will not be void for this reason alone.