Terms and Conditions

Terms and conditions

Outlined below are the terms and conditions for various parts of our service and website:

T & C of use of our website:

USE OF OUR WEBSITE

ACCEPTABLE USAGE POLICY

FEES/CHARGES

WEBSITE PROMOTION AND SEO T&C’s

Terms and conditions of use of website

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘us’ or ‘we’ refers to the owner of the website as detailed below. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

1. Intellectual Property Rights
‘Intellectual Property Rights’ means any patents, copyright, database rights, design rights, registered designs, trademarks or service marks, trade names or know how (whether registered or not) and all rights or forms of protection of a similar nature existing anywhere in the world. All intellectual property rights on this site are owned by or licensed to Distinct Graphics.

The contents of this site are © copyrighted Distinct Graphics. This includes, but is not limited to, the design, layout, look, appearance and graphics. The reproduction of any material present on this site is prohibited, except that you may print or download extracts for non-business use, provided that you do not modify content without our consent.

2. Personal Information
We will tell you if we intend to use your information for marketing purposes and we will give you the opportunity to opt out of such marketing if you wish. Distinct Graphics is committed to keeping your personal information secure and confidential.

3. Contact
If you believe any information on this site is inaccurate or have any suggestions on how the content of this site could be improved please contact us at: info@distinctgraphics.co.uk If you have questions on a particular product or service, please use the contact details shown for that product or service.

4. Changes
We will update the content of this website from time to time. Please ensure that you visit this page regularly and refresh your browser to ensure your information is up to date.

5. Customer Responsibility
It is your responsibility to ensure that your computer is protected from viruses and other threats. Distinct Graphics accepts no responsibility for any loss you may suffer as a result of accessing or downloading information from this site.

6. Hypertext Links
Certain hypertext links in this website may lead you to websites which are not under the control of Distinct Graphics. When you activate these links, you may leave the Distinct Graphics website. These links are provided solely for your convenience and do not represent any endorsement or recommendation by Distinct Graphics. Distinct Graphics accepts no responsibility or liability for the contents of any website to which a hypertext link exists and gives no representation or warranty as to the information on such websites.

7. Use of Cookies
We, Distinct Graphics and, on our behalf Google, use cookies for the following purposes: counting of visitors to this and various sites we have created and tracking of visitor activity on the websites. If you would like us not to use cookies please turn cookies off in your browser.

8. Links to this Website
If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, any page on this website, and subject to the following conditions:

you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
you do not misrepresent your relationship with us or present any false information about us;
you do not link from a website that is not owned by you; and
your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
If you choose to link to our website in breach of the above conditions you shall fully indemnify us for any loss or damage suffered as a result of your actions.

9. Disclaimer
These materials are for general information purposes only and are accurate to the best of our knowledge and belief at the time of writing and are subject to change. We make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information. It shall be your responsibility to ensure that any products, services or information available through this website meet your specific requirements. Links to other websites from this website are for convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to this website.

10. Governing Jurisdiction
Your use of this website and any dispute arising out of such use is subject to the laws of England and Wales.

ACCEPTABLE USAGE POLICY

FEES/CHARGES

WEBSITE PROMOTION AND SEO T&C’s

1. ACCEPTABLE USAGE POLICY

The Acceptable Usage policy sets out the terms under which you may use the hosting services we provide. The use of our Hosting Services means that you accept, and agree to abide by all the policies stated below.

1.1 Website Content
The client agrees that web pages and files uploaded to servers will not violate any local, national or foreign laws or regulations; infringe on any intellectual property rights of Distinct Graphics Web Hosting or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Distinct Graphics Web Hosting or any third party. Customers may not run IRC, bots, or clients. Unacceptable uses also include: bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted music files, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. Distinct Graphics Web Hosting will be the sole and final arbiter as to what constitutes a violation of this policy. Distinct Graphics Web Hosting does not normally monitor the contents of clients’ servers; however, if suspicion occurs, Distinct Graphics Web Hosting reserves the right to investigate and terminate the client’s subscription to the service.

1.2 SPAM
Unsolicited Email or “spam” originating from a server located on our network or associated with a Distinct Graphics Web Hosting server is not tolerated. This includes any email that promotes websites hosted on a server located on the Distinct Graphics Web Hosting network, but is sent from an email address not associated with that account. The client shall not use their Distinct Graphics Web Hosting services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Distinct Graphics Web Hosting reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.

1.3 Backups
Distinct Graphics Web Hosting provides the tools needed to create backups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Distinct Graphics Web Hosting does not take backups of customer websites unless agreed by prior arrangement. Your data is stored on a storage platform with hardware redundancy to protect against data loss through hardware failure but we are not responsible for data loss caused by one of our hosting company’s or customer’s error.

1.4 Unauthorised Scripts and Executables
The customer agrees not to run any scripts, executables, proxys or other programs or processes on Distinct Graphics servers that will any way adversely affect the performance of said servers.

1.5 Unlicensed Software
The customer agrees only to use properly licensed third party software on Distinct Graphics’ servers.

1.6 Intellectual Property
The customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Distinct Graphics are required by law to remove or block access to any content upon notice of copyright infringement.

1.7 Viruses and other Destructive Activities
Use of Distinct Graphics systems for creating or sending malicious, destructive or nuisance code, examples of which but are not limited to, viruses, worms, Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited and in breach of this agreement.

1.8 Pornography
The use of Distinct Graphics Ltd’s systems to store, post, display, transmit, advertise or otherwise make available pornography is prohibited. We are required by law to notify the Police if we become aware of the presence of pornography on, or being transmitted through our systems.

1.9 Data Warehousing
The servers provided by Distinct Graphics are intended for web services use only. Any user of our servers for file storage, data warehousing, backup data storage, mirror sites or any form of data file storage or management is prohibited.

1.10 Peer to Peer / File – Media Sharing / Streaming
The customer will not run services or software related to Peer to Peer file sharing, bit torrent or any website providing media or file streaming / sharing. Media streaming requires a specific apache setup, which we can only provide on another platform.

1.11 Other Prohibited Activities
Engaging in any activity that, at Distinct Graphics absolute discretion, disrupts, interferes or is harmful to our services, business, operations, reputation, customers or ability of our customers to use our service is prohibited.

1.12 Disclaimer
We are not be responsible for any damages your business may suffer. This includes loss of data resulting from delays, non delivery of email, wrong delivery, and any and all service interruptions caused by us or any third party acting on our behalf including our hosting companies.

1.13 Email and SPAM We can set a spam filter to any email provided by us. We recommend you perform your own spam filter to your delivery address on your remote machine/device to minimise unwanted mails. However, with increasingly modern methods in unwanted email or email forgery (including Joe Job mails) we are cannot be held responsible for the delivery or otherwise of the email services we offer.

2. FEES/CHARGES

With Distinct Graphics Web Hosting there maybe monthly or yearly fees. This is dependent on the amount of visitors to the site and the amount of data traffic that is transferred.

Regarding web design, a fixed estimate will be agreed before the site design is commenced.

50% of the design charges will be paid upon start of design process with the remainder being paid upon completion/upload to the client’s server.

Payment of both of these increments will show the client’s approval of the designs as to brief agreed.

The client should be aware that if a Content Managed website is designed where they can alter images and text at any time, the layout of the site can change and they are responsible for this. Distinct Graphics will have a back up of the original files, however fees may be incurred if the files need to be reloaded to the server.

Where a client has access to their website via username/password whether content managed or FTP, it is their responsibility to keep those details safe and not mislay or divulge them irresponsibly.

Distinct Graphics takes precautions to ensure that data is not divulged or mislaid, however it is not responsible for actions of a third party or a hosting companies data protection.

2.1 Payment of Fees
All payments are taken through BACS, cash or cheque.

We currently only accept Pounds Sterling.

Yearly Hosting: Full payment is required in advance, before the hosting service is established. Recurring yearly billing is managed automatically via yearly invoice and can be cancelled with at least 30 days notice. We expect payment within 30 days of invoice. Late payment can result in extra charges in excess of £ 30 per day after the agreed 30 days after invoice and we reserve the right to suspend the account any day after the late payment time has elapsed.

Monthly Hosting: Full payment is required in via direct debit on an agreed date each month, before the hosting service is established. Recurring monthly billing is managed automatically via yearly invoice and can be cancelled with at least 3 days notice. We expect payment within 3 days of the agreed date. Late payment can result in extra charges in excess of £ 20 per day after the agreed 3 days after agreed date and we reserve the right to suspend the account any day after the late payment time has elapsed.

There will be a fee incurred in restarting the hosting/email account and we are not responsible for any emails that are lost/not delivered or deleted during this time. Additional fees will be charged where the files have to be reloaded to the system

Yearly hosting:
If your payment fails, 7 days following your invoice date, we will suspend your hosting account.

Monthly hosting:
If your payment fails, 3 days following your invoice date, we will suspend your hosting account.

2.2 Cancellations and Refunds
Should you be unhappy with the service provided by Distinct Graphics Web Hosting during the first 30 days of your hosting, you will be entitled to a full refund of your first calendar months hosting fees. Please note that Domain Registration Fees are not refundable and the domain name will remain registered for the domains term. Once this term has expired the domain can be transferred out.

Should you wish to cancel after the first 7 days of your hosting, you simply inform us via (info@distinctgraphics.co.uk ) and your hosting will expire at the end of the current calendar month. Please allow 30 days for cancellations to be processed.

3. WEBSITE PROMOTION AND SEO T&C’s

This agreement is hereby entered into between Distinct Graphics (hereinafter referred to as Distinct Graphics and The client) on the 8th day of November, 2011.

1.Distinct Graphics agrees to provide The client with Search Engine Optimization and Reporting Services (hereinafter referred to as “SEO”) as described in this agreement. Distinct Graphics is authorised to use the specific keywords and/or phases set forth below for development, improving the ranking of, and/or positioning the contents of the the client’ URL, in the search engines and/or directories that are most frequently used by the general public which are defined below.

2.The client agrees to pay Distinct Graphics a fee per month/year for a notice of 12 months. Fee must be received prior to the start of any services provided. SEO Services are intended to provide the the client with preferential positioning in selected search engines and report results on an ongoing and timely basis. SEO Services include:

Research keywords and phrases to select appropriate, relevant search terms. Number of keywords is listed in the Proposal. Additional keyword purchases will require Addendum or separate contract.
Edit various html tags and page text as necessary prior to submission to selected search engines and directories.
Create as required, additional web pages for the purpose of “catching” keyword/phrase searches.
Hand-submit your pages to the engines and directories stated in this agreement.
4. For the purposes of providing these services, the client agrees to provide:

Give Distinct Graphics FTP access to the main site for uploading new pages, and making changes for the purpose of optimization OR approval to go through 3 rd Party.
The client authorises Distinct Graphics use of all the client logos, trademarks, Web site images, etc., for use in creating informational pages and any other uses as deemed necessary by Distinct Graphics for search engine positioning and optimization.
If the client’ site is light in textual content, the client will provide additional relevant text content in electronic format for the purpose of creating additional web pages. the client agrees to provide content, for example 200 to 500-word “articles” about each of their keyword phrases.
5. Selected search engines include:

Google
6. The client acknowledges the following with respect to services:

Distinct Graphics has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The client site may be excluded from any directory at any time at the sole discretion of the search engine or directory. Distinct Graphics will resubmit those pages that have been dropped from the index.
Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms and other competitive factors, Distinct Graphics does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase or search term.
Some search engines and directories may take as long as 2 to 4 months, and in some cases longer, after submission to list your site.
Occasionally, search engines will stop accepting submissions for an indefinite period of time.
Occasionally, search engines will drop listings for no apparent or predictable reason. Often listing will “reappear” without any additional submissions. Should the listing not reappear, Distinct Graphics will re-submit the site based on the current policies of the search engine in question.
Some search directories offer expedited listing services for a fee. Distinct Graphics encourages the client to take advantage of these expedited services. The client is responsible for expedited service fees, example Adwords, unless otherwise noted in the package the client purchases.
7. The Distinct Graphics is not responsible for changes made to the web site by other parties that adversely affect the search engine rankings of the the client’s web site.

8. Additional Services not listed herein or in Proposal will be provided for £40 per hour. For example, purchasing keywords beyond the scope provided in the SEO proposal, or creating more doorway pages than provided in original Proposal.

9. The client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Distinct Graphics for inclusion on the website above are owned by the client, or that the client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Distinct Graphics and its subcontractors from any liability or suit arising from the use of such elements.

10. Distinct Graphics is not responsible for the client’ overwriting previous SEO work to the client’ site. Distinct Graphics making changes and uploading over work already provided. The client will be charged an additional fee for re-constructing Metas, etc based on the hourly rate of £ 40 per hour.

11. Failure to pay the agreed amount may result in some of the pages created for the purpose of SEO being removed from the server and campaigns paused or removed from account. This may result in ‘Page not found’ results when accessed by visitors. Resubmission to the server and re-starting campaigns may incur a charge.

12. Cybercrime is a fast growing problem. We suggest all clients do not store sensitive data on their sites and ensure all files are regularly backed up. We can offer this back up service and can advise of costs.

Terms and conditions (May 2017)