Definitions

The Client:  You – the company or individual requesting the services of FHOKE.

FHOKE: Us – the agency in which the Client proposes to work with (FHOKE Limited).

General

FHOKE will carry out work only where an agreement is provided either by email, telephone, mail or fax.  An ‘Order’ is deemed to be a written or verbal contract between FHOKE and the client, this includes telephone and email agreements.

Website Design

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, FHOKE cannot accept responsibility for any losses incurred due to a malfunction caused by unforeseen circumstances.

The website, graphics and any programming code remain the property of FHOKE until all outstanding accounts are paid in full.

FHOKE cannot take responsibility for any copyright infringements caused by materials submitted by the Client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of FHOKE. We reserve the right to charge an according amount for work carried out that is not outlined in the Order. Any chargeable work will be discussed with the Client and not undertaken until an initial payment has been made.

The Client agrees to make available as soon as is reasonably possible to FHOKE all materials required to complete the site to the agreed standard and within the set deadline.

FHOKE will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

FHOKE will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. E.g. Any disputes regarding content/images that have been provided to us for inclusion on the site.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the Client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the Clients satisfaction and no refunds can be offered.

Web Hosting

Payment
Direct Debit or standing orders on annual renewals may be requested at any time.

Late Payment of an account will lead to the following action being taken:

  • Suspension of services (related or not).
  • Late Payment Fine of £10 per overdue day.
  • Interest will be charged at 8% per day above the Bank of England Base Rate in line with The Late Payment of Commercial Debts (Interest) Act 1998.
  • Unpaid accounts will lead to County Court Proceedings being issued.

Costs are reviewed on a monthly basis based on level of traffic, data and bandwidth usage. These costs will be increased if levels are deemed excessive.

Uptime & Maintenance to Bugs and Fixes
FHOKE endeavour to provide 99.8% uptime on all services, however FHOKE cannot accept commercial responsibility for any downtime in service or lost emails.

All support times are in line with working hours of Monday to Friday 9am to 5.30pm. Support will be provided within 24-48 hours of any issue arising unless an SLA has been agreed. Times will then fall in line with that agreement.

Our service providers carry out periodic health and wellness maintenance to our servers, and data center facilities which are generally labeled as Scheduled Maintenance. These actions sometimes cause periodic service disruption which they avoid whenever possible. Generally such actions are conducted at off peak hours to avoid any noticeable impact of service disruption. We are notified prior to an action being taken which we will notify customers of by email if deemed as a major disruption.

We would like to remind all customers that Scheduled Maintenance is a necessary and vital aspect of web hosting which ensures long term uptime and reliability of your site.

Support
FHOKE do not support any site that has been built by us on servers that are not owned or maintained by us. Charges will be incurred if support is needed to review any issues that arise. Time will also be charged in managing any communication between the provider and FHOKE.

Data Backups
We maintain current backups of your sites data on a daily basis. These backups are performed daily generally at 3:00am and weekly, Friday at 3:00am.

We provide a backup service for your site, however, FHOKE cannot accept commercial responsibility for any data that is lost between these hours or failure of our backup mechanism. We will restore your site from backup without charge once each calendar month if required. If further restorations are necessary, we may charge a £10 GBP fee for doing so.

Responsibility
FHOKE will not be responsible for any damages your business may suffer. FHOKE makes no warranties of any kind, expressed or implied for services we provide. FHOKE disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by FHOKE, its employees, suppliers, customers or any third party.

Indemnification
We are not responsible for any claimed damages, which may result from our web servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The client agrees to indemnify, defend and hold FHOKE, its directors and employees harmless from any incidental, indirect, direct, special, exemplary, punitive or consequential damages whatsoever, for loss of business profits, business interruption, loss of business information, or any other monetary loss arising out of the use of or inability to use our services, or the provision of or failure to provide services.

Termination and Suspension
You may terminate your hosting at any time by advising us via email that you wish to do so.

We may suspend any or all of your services where we have reason to suspect a violation of our terms and conditions whilst we investigate the suspected violation. We may suspend your services where we have reason to suspect that a script installed on your site is being abused whilst we investigate the suspected abuse.

Cancellation and Refund
FHOKE will accept a request to cancel a web hosting account and give a full refund to a new customer who requests such refund and cancellation within 5 days of ordering. Domain name registrations cannot be cancelled and are not refundable. Dedicated server plans are not refundable.

Database, Application and eCommerce Development

FHOKE cannot take responsibility for any losses incurred by the use of any software created for the Client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Where applications or sites are developed on servers not recommended by FHOKE, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed.

The Client is expected to test fully any application or programming relating to a site developed by FHOKE before being made generally available for use.  Where bugs, errors or other issues are found after the site is live, FHOKE will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Website Optimisation

Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

FHOKE reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Compatibility

FHOKE will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with all popular browsers excluding Explorer Version 6 and 7. FHOKE can offer no guarantees of correct function with all browser software.

Print Design

On completion of a print design project we will ask for you so complete a Sign-off Form which is to be returned to us either by post, fax or email. The completion of this form means that you are approving the artwork for use by professional printers.

FHOKE cannot take responsibility for any copyright infringements caused by materials submitted by the Client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

The customer is fully responsible for final proof and layout approval prior to the printing process.

FHOKE is not liable for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Grammar, Punctuation, Wrong cuts, Incorrect or Missing Folds, Finished Product Size.

Payment

An up front payment of 45% of the total fee is due once the Client has returned a signed order on orders less than £10,000.

A further 45% is required at the point of UAT (user acceptance testing) where all designs and build work for the project have been completed. The work will be displayed on a test location located with Us. The client has 10 days or an agreed period to provide any bugs/fixes as well as entering any content the website needs.

After the 10 day period has expired the final invoice stage of 10% becomes due and should be paid in full before the files are released or website is set live.

Any orders on or above £10,000 will be split into four payments with the same terms as above:

  • Due Upon Acceptance of Quote – 35% of Project Costs
  • Due Upon Final Sign Off Spec, Wireframes & Designs, Prior to Build – 35% of Project Costs
  • Due Upon Testing Release on Server Test Location – 20% of Project Costs
  • Due Upon Sign Off and Before Go Live – 10% of Project Costs

Whilst any payment due under the agreement remains outstanding, FHOKE shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. Only once payment has been made in full can any work be released or websites set live. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

Additional charges including but not limited to: stock photography; electronic commerce software; online transaction processing solutions; domain name registration; web space; Internet connection provided by third parties are non refundable.

All payments by cheque, bankers draft or money order must be made in pounds sterling. ALL banking charges must be paid by the client if payment is made from a non-UK bank account.

Support

Although we endeavour to test our work thoroughly, some bugs may slip through the net. Bugs are fixed for free for up to 30 days after the go-live date, and are chargeable after that time. Changes and updates are chargeable at £85 per hour, with a minimum charge of 1 hour.

Passing of Rights

Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions.

No such rights as described in above will pass until all amounts due to us from you are paid.

The rights to photographs, graphics and any third party items such as source code, the code to the FHOKE CMS (if this is used) always remain the property of their respective owners unless agreed otherwise.

Copyright

Any web page; design or entire site designed by FHOKE carries a copyright, and cannot be reproduced without written consent. The placing of an Order by the Client or other person/Agency on behalf of the Client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the advertisement. The Advertiser/customer must indemnify FHOKE in respect of all actions; proceedings; costs demands and claims arising from any such breach.

Delivery

On completion of work, the deliverables will be sent to the client by email for approval. Upon written approval by the client, the deliverables will be supplied by the most convenient means. Where the clients site is being hosted by a third party, FHOKE reserve the right to delay uploading of deliverables until full payment has be received.

Guarantee

In the event that the client is not satisfied with the design of their site FHOKE will endeavor to meet the clients brief and expectations through collaboration between the client and themselves with no additional charge.

Refunds

Cancellations must be made in writing (either by email or post) to your account manager before the initial project payment has been made. Once the initial payment has been made it is deemed as non-refundable due to time spent on the project by FHOKE.

Acceptance of Conditions

The signing of an Order or the Initial Deposit will confirm acceptance of the aforementioned conditions.

Law

These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England.

Your Privacy

We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Complaints Procedure

Informal Complaints Procedure
Anyone who experiences a problem with their web service provided by FHOKE should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint.

FHOKE will take reasonable steps to approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal Complaints Procedure
The formal complaints procedure should only be used where the Client feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to FHOKE, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.