Terms and Conditions

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WEBSITE DESIGN

(“the Customer”) has hired Reveal Web Solutions (“Reveal Web Solutions”)to design and develop a website (“the Finished Product”) for them. This is to be undertaken in accordance with the following terms and conditions to which both parties have agreed and in line with the agreed Project Plan attached. For this service, the Customer will pay to Reveal Web Solutions the agreed price as set out in the Payment Schedule.

Commencement
1. This contract and the attached project plan shall commence upon the signature of both parties OR the payment of any deposit that may be agreed whichever is the earlier
2. Payment of any deposit agreed or the commencement of payments under the attached payment schedule shall signify acceptance of the terms and conditions not withstanding any failure by either party to sign either the contract document or attached project plan
Project Plan
1. The attached Project Plan represents the scope of the work to be carried out by Reveal Web Solutions. This is an exhaustive outline of the Project. Only work which is specified in the final Project Plan will be carried out.
2. The Project Plan must be agreed by both parties before work begins on this contract. The final version will be attached to this contract.
3. The Customer may at any time request a change to the Project Plan. Any such request must be made in writing and agreed by both parties. If so agreed, that change will be appended to the contract and amend the Project Plan accordingly.
4. Reveal Web Solutions reserves the right to amend the total Price as a result of any agreed changes to the Project Plan. Such amendments will be made clear to the Customer in advance of the change being agreed and by agreeing the change the Customer is deemed to accept the amended Price.
5. It is the responsibility of the Customer to ensure that the final Project Plan is in accordance with their requirements. Reveal Web Solutions may be able to advise on aspects of design or functionality.
6. The Project Plan shall include details of all work to be undertaken, the approach to the design, any deliverables under the contract and a schedule of Project Milestones. This may include any interim payments on account.
7. Reveal Web Solutions is not responsible for the text, image or other graphical content of the website. Unless otherwise agreed in the Project Plan, any text for the website shall be drafted and any images or graphics provided by the Customer. Reveal Web Solutions may agree to input this into the design and be able to offer consultation, graphic design options and support as part of the Project Plan but additional charges may apply.
8. Where a term in the Project Plan expressly contradicts a clause under this agreement, the Project Plan will take priority.
9. The Period of this Contract shall be until the date of Completion. Reveal Web Solutions shall host the website and any Finished Product on behalf of the Customer in accordance with section 6 of this Contract. The cost of this shall be included in the Payment.
Payment
1. All payments are due within 14 working days of billing. Late payment will be charged a 1.5% compounded monthly late fee.
2. Where the Project Plan allows for interim payments, should an interim payment be late Reveal Web Solutions reserves the right to suspend all work until accounts are settled.
3. Once the Project Plan has been completed the final balance of payment is then due in accordance with 3.1. At this stage the Customer is obliged to pay for all agreed work carried out with no exceptions.
4. Where an initial deposit has been agreed this must be paid in accordance with 3.1. No work shall commence on the Project Plan until such payment has been made in full. Failure to pay such a deposit may delay the agreed schedule under the Project Plan. Such a delay will be the sole responsibility of the Customer. Reveal Web Solutions shall bear no liability for any consequences which arise from such a delay.
5. The website, graphics and any programming code remains the property of Reveal Web Solutions until all accounts are paid in full.
6. Nothing in the above clauses 3.2 to 3.4 inclusive are intended to preclude Reveal Web Solutions’ right to take legal action against the Customer for breach of contract should payment not be made as agreed in the Payment Schedule or the terms of this Contract.
7. Payments must be made by one of the following methods:
  1. Cash;
  2. Credit/Debit card;
  3. PayPal; or
  4. Direct Bank Transfer (BACS or Monthly Standing Order where appropriate).
Ownership and Intellectual Property Rights
1. Reveal Web Solutions will provide a Finished Product to the Customer in the form of source, rendered and asset files. These files become the exclusive property of the Customer upon delivery and final payment.
2. These files are based in part or in whole on a non-exclusive code base used by Reveal Web Solutions. This may include existing code which was used to create the product. Such code and other underlying technologies do not become the property of the Customer. Only the Finished Product shall pass to the Customer.
3. The Finished Product may depend on code, objects (DOMs), and other third-party utilities that are the property of their respective owners. No rights to these dependencies is expressed or implied. Additional licensing may be required with third party assets.
4. Any designs, graphics, text, photos or trademarks supplied by the Customer remain the copyright of the Customer.
5. Any designs, graphics, text, photos, scripts, CGI applications, PHP scripts or software written or created by Reveal Web Solutions remains the copyright of Reveal Web Solutions unless otherwise agreed and set out in the Project Plan. Upon final payment, all graphics, text and other visual elements created for this project by Reveal Web Solutions will become the property of the Customer. Copies of all such files will be provided to the Customer. Reveal Web Solutions shall not be responsible for keeping, retaining or storing any such files on the Customer’s behalf unless otherwise agreed in the Project Plan, in which case additional charges may apply.
6. Any template, XHTML mark-up, CSS and other code used in the creation of the project remains the property of Reveal Web Solutions. This is made available to the Customer on a licence basis for use only on this project.
Project Management and Communication
1. The Customer will provide a named single point of contact in relation to this project. Where the Customer is a company or other body corporate, that single point of contact must be a person who:
  1. Holds a position of authority within the company;
  2. Is able to make decisions on behalf of the company; and
  3. Has the power or ability to bind the company to any decisions he may make on the Customer’s behalf.
2. The single point of contact must be available to Reveal Web Solutions within 24 hours, where reasonable, to clarify requirements for design, key features, usability and issues which may arise during the project.
3. The single point of contact must have the authority to make design and related decisions on the system. Reveal Web Solutions will only take instructions in relation to the project from the single point of contact except in exceptional circumstances or where it would be unreasonable to do so.
4. The nominated single point of contact shall be named in the Project Plan. If the Customer wishes to change the nominated single point of contact then they must inform Reveal Web Solutions of that change, along with reasons if required. This must be confirmed in writing and agreed as a change to the Project Plan in accordance with 2.3.
Security and Compatibility
1. Reveal Web Solutions only maintains internal backups of active project code and design files. This backup system is not intended as a solution for the Customer in the event of any loss or damage to data on their systems. Reveal Web Solutions gives no guarantee that this data will be retained beyond the end of the Project Plan. The Customer is solely responsible for the Backup and Restoration of the Finished Product and any associated data.
2. Although Reveal Web Solutions makes every effort to provide secure Finished Products, due to the nature of rapidly advancing technology, Reveal Web Solutions can in no way guarantee that the Finished Product will not be subject to security breaches.
3. The Customer is solely responsible for the security of their own systems, security practices and software updates.
4. Reveal Web Solutions will endeavour to ensure that any Finished Product will function correctly on initial installation and that it will function correctly when viewed with standard web browsing software including Internet Explorer, Chrome, Safari, Firefox and Opera.
5. Reveal Web Solutions will not test any Finished Products in all browsers including old or abandoned versions. No guarantee can be offered of correct functioning with all browser software.
Hosting
1. This contract does not include any element of hosting by Reveal Web Solutions.
2. A hosting service may be separately agreed between Reveal Web Solutions and The Customer. Where this is the case, the details of that agreement shall be contained in the Project Plan.
3. If a hosting service has been agreed then the Web Hosting Terms and Conditions will apply and are hereby incorporated into this Contract.
4. Where Assisted Hosting is provided Reveal Web Solutions will make all reasonable endeavours to apply WordPress and any plugin software updates in a timely manner as and when they become available notwithstanding any compatibility issues arising as a result of the update. Assisted hosting does not apply retrospectively.
5. Nothing in these Terms and Conditions constitutes a guarantee as to the security of any website hosted by Reveal Web Solutions
Reveal Web Solutions Working Conditions
1. Reveal Web Solutions retains the rights to subcontract any portion of the Contract, employ agents or other specialists as may be required to complete the Project Plan.
2. The costs of any such subcontractors, agents or other parties shall be included in the final Price.
3. Reveal Web Solutions is not able to guarantee on call services. Within the duration of this project, Reveal Web Solutions will make every effort to respond to enquiries within 48 hours except where the Customer has been previously notified of a period of limited availability. Reveal Web Solutions will respond in good faith but cannot guarantee any specific action within any given time frame.
4. In the event that any aspect of this project is dependent on a separate third party or the Customer’s in-house team, the quality and punctuality of the Finished Product may be subject to said party’s ability to meet the required timelines and/or level of quality. Reveal Web Solutions is not responsible for any delay or defect caused by separate third parties or the actions of the Customer or their in-house team.
Liabilities of the Customer
1. The Customer alone shall be responsible for:
  1. The accuracy and adequacy of information furnished for processing;
  2. Any use made by the Customer of the output of the Software or any reliance thereon;
  3. Obtaining the required licences and respect copyright for any and all third party assets including, but not limited to fonts, media and software where the Customer has specific requirements, house styles or similar corporate designs.
2. Where Reveal Web Solutions is not hosting the Finished Products, the Customer shall be responsible for the continued operation and maintenance of the computer equipment and third party Software used by the Finished Product and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers.
3. Clause 9.2 shall not apply where a web hosting element has been agreed in the Project Plan. If this is the case then the terms of the Web Hosting Terms and Conditions shall apply. That Agreement shall take precedence over 9.2 above.
4. The Customer shall be responsible for making available all materials identified by the Project Plan or required to complete the Finished Product to the agreed standard and within the timelines set in the Project Plan, unless otherwise agreed.
Limited Liabilities of Reveal Web Solutions
1. The Customer agrees that any liability of Reveal Web Solutions for any reasons shall be limited to the amount of the fees actually received by Reveal Web Solutions from the Customer under this agreement regarding the services in question. In no event shall Reveal Web Solutions be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Customer is told that any such damages may occur.
2. Reveal Web Solutions is not liable for any delays, damages or losses in relation to this project which occur as a result of:
  1. Act of God;
  2. Force Majeure, including but not limited to natural disaster, war, act of terrorism, or any other incident which may affect the reasonable performance of this contract;
  3. Acts or omissions of the Customer; or
  4. Acts or omissions of any subcontractor or third party.
3. Reveal Web Solutions shall not be liable for any copyright infringements caused by materials submitted by the Customer. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Warranty
1. Reveal Web Solutions will provide patches and bug fixes for any bugs or issues included in the scope of this contract reported within the grace period of no more than 30 days following the date of project completion as defined by the date the Customer signs off on the Finished Product. All bug fixes outside of the project scope or after the grace period are the responsibility of the Customer.
2. Hourly projects are not subject to warranty. Design and the placement, editing and arranging of editorial content are not subject to warranty.
Credit & Publicity
1. Reveal Web Solutions retains the right to use the Customer within its roster of clients. A link to the Customer’s website may be placed on the Reveal Web Solutions Web Design website as part of its business portfolio.
Review, Expiration or Cancellation
1. This contract is valid for the period agreed under the Project Plan
2. Upon expiration, both parties may review and amend the Contract and decide whether or not to renew.
3. This contract may be terminated by either party with a full 30 day notice period. All payments will be due and all work completed to date will be submitted upon termination of the Contract

Download Web Design Terms and Conditions (PDF)

WEB HOSTING

Background

These Terms and Conditions govern the provision of website hosting services provided by Reveal Web Solutions (“the Host”) to clients wishing to use those website hosting services to host their website(s). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur on Your indicating Your acceptance and completing Your Order for the Service.

Definitions and Interpretation
1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:“Account” means Your details that are required and held by Us to facilitate the provision of the Service to You including, but not limited to, identification and location details, username and password, and details of the Service provided to You;
  “Business Day” means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in England and Wales;
  “Client Website” means the website that We shall host for You and refers to all parts of that website including, but not limited to, component files and related services such as e-mail;
  “Confidential Information” means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with the Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
  “Contract” means the legally binding agreement formed between You and Us upon Your acceptance of these Terms and Conditions and Your completion of Your Order;
  “Fee” means the sum(s) payable by You to Us in order to receive the Service;
  “Hosting Hardware” means any and all computer and networking equipment used by Us in the provision of the Service including, but not limited to, servers and network infrastructure;
  “Hosting Package” means one of the hosting packages described on Our website at https://revealwebsolutions.com/uk- based-web-hosting/ and generally refers to the package selected by You during the sign-up process which shall refer to specific features including, but not limited to, tools, facilities, storage limits and duration of service;
  “Hosting Software” means any and all software used by Us in the provision of the Service including, but not limited to, that which may be used by You;
  “Intellectual Property Rights” means copyright (and related rights), designs, patents, trade marks and any and all other intellectual property rights. This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant);
  “Order” means Your order for the Service as completed by You via Our website at https://revealwebsolutions.com/uk-based-web- hosting/ specifying Your Account details, Your chosen Hosting Package; and
  “Service” means, collectively, all components of Our website hosting service as provided to You in accordance with Your chosen Hosting Package, as fully described at https://revealwebsolutions.com/uk- based-web-hosting/
2. Unless the context otherwise requires, each reference in these Terms and Conditions to:
  1. “writing”, and any similar expression, includes a reference to any electronic communication whether sent by e-mail, text message, fax or similar means;
  2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
  3. “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
  4. a Clause or paragraph is a reference to a Clause of these Terms and Conditions;
  5. a “Party” or the “Parties” refer either singularly or jointly to Us and You;
  6. “We/Us/Our” is a reference to Reveal Web Solutions, the Host;
  7. “You/Your” is a reference to you, the Client.
3. The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
4. Words imparting the singular number shall include the plural and vice versa.
5. References to any gender shall include the other gender.
6. References to persons shall include corporations.
The Service
1. Provision of the Service shall commence on the date specified in Your Order.
2. If the commencement of the Service is delayed by more than 2 Business Days from the date of Your Order, We shall contact You and shall give You the option of waiting for a further 2 Business Days or receiving a full refund of any and all Fees paid. In the event of further delay, the process set out in this sub- Clause 2.2 shall be repeated.
3. We are under no obligation to provide any services that do not form a part of Your chosen Hosting Package unless You upgrade Your Hosting Package, where available, or unless both Parties enter into a separate written agreement for the provision of additional services.
4. We may, at Our sole discretion, alter, improve or otherwise modify the Service provided that any such change will not alter the Service received by You to Your material disadvantage (which would include, but not be limited to, the removal of features from Hosting Packages). You will be notified no later than 5 Business Days in advance of any planned changes and shall receive full details of any action required on Your part. No alterations to the Service will affect the Fee payable by You.
5. Notwithstanding the provisions of sub-Clause 2.4 We may take any action necessary to diagnose and/or rectify faults in the Hosting Hardware or Hosting Software without any prior notice to You. If such diagnosis or rectification results in an interruption to the provision of the Service, You will be notified in accordance with the provisions of Clause 3.
Availability of Service
1. We will use reasonable endeavours to ensure that the Service is provided to You on a constant, uninterrupted basis throughout the duration of Your chosen Hosting Package.
2. Notwithstanding sub-Clause 3.1, We shall not be liable for Hosting Hardware downtime or interruptions to the Service where such downtime or interruptions last for no more than 1 Business Day.
3. Where the Service is unavailable for more than 1 Business Day We will contact You and shall provide details of the interruption including, but not limited to the cause. If this is not possible due to an undiagnosed problem, We will, at a minimum, inform You that the problem is being investigated.
4. Where Service interruption due to Hosting Hardware failure cannot be remedied within 1 Business Day We will transfer Your Client Website to alternative Hosting Hardware in order to restore the provision of the Service or, where this is not possible, notwithstanding sub-Clause 10.1.1, from the end of the initial period of Service interruption, keep a record of the number of whole days of Service interruption. Upon restoration of the Service, any partial days shall be rounded down and We will reimburse You for the interrupted period. Such reimbursement shall be calculated on a pro-rata basis and shall be paid to You within 10 Business Days. We acknowledge that this is an appropriate remedy in view of Your legitimate commercial interest in Service interruption due to failure of the Hosting Hardware being avoided or minimised
5. Where the provision of the Service is interrupted through the fault of any third party, We shall bear no responsibility or liability.
Fees and Payment
1. Fees for Hosting Packages are detailed at https://revealwebsolutions.com/uk- based-web-hosting/1 and the Fees for Your chosen Hosting Package are confirmed in Your Order.
2. You shall be required to pay all Fees due in advance of the Service for the duration of the Service specified in Your chosen Hosting Package.
3. For the first period of Service provision (as specified in Your chosen Hosting Package), payment of Fees shall take place on the date that You complete Your Order. For subsequent periods of Service provision, We will send You a renewal notice and invoice via e-mail not less than 1 calendar month prior to the expiry of the then current period. Payment must be made within 1 calendar month of receipt of the renewal notice and invoice in order for provision of the Service to continue without interruption.
4. We are free, at any time, to change the price of Our services (including, but not limited to, the Hosting Package chosen by You). You will not be subject to any additional charges during a period of Service Provision for which You have already paid resulting from a price increase, nor to any refunds resulting from a price decrease. Any changes in Fees due shall be reflected in subsequent renewals only. We reserve the right to continue charging old prices for renewals.
5. All Fees payable by You to Us must be paid in full, without set off or deduction. We reserve the right to suspend the Service or terminate the Contract if Fees are not paid on or before the due date.
6. You may change your Hosting Package at any time. If You choose to do so, You will be charged the new Fee for the remaining period of Service Provision on a pro rata basis. On completion of the current period of Service Provision You will be invoiced for a new complete period of Service Provision as specified in Your newly chosen Hosting Package in accordance with the Fees for that Hosting Package.
7. All payments for Fees due under these Terms and Conditions must be made using a valid debit or credit card via Our chosen payment partner, Stripe. Payments made via Stripe are subject to Stripe’s own terms and conditions of service and We make no representations or warranties with respect to their services.
8. All Fees shown are inclusive of VAT, unless otherwise indicated.
Money Back Guarantee
1. From the date of Your payment under Clause 4 We offer a 1 calendar month money back guarantee during which You may cancel Your Order and receive a full refund if You are in any way unhappy with the Service.
2. If You choose to take advantage of the money back guarantee, You should email Us at suport@revealwebsolutions.com using the subject line: “Refund Request”, providing full details of Your Account and Order.
3. Please note that cancelling under this Clause 5 will result in the termination of the Service and thus the removal of Your Client Website from the Hosting Hardware. Any data You have not backed up Yourself will be lost.
Changes to these Terms and Conditions
1. We reserve the right to change these Terms and Conditions and any and all other terms and conditions and/or policies which may affect You in order to comply with changes in the law.
Your Obligations and Undertakings
1. You may not use the Service (including, but not limited to, the Hosting Hardware and/or the Hosting Software) for any unlawful or otherwise inappropriate purposes. This includes, but is not limited to:
  1. Distribution of computer viruses, malware, spyware or any other form of code designed to cause harm or nuisance to hardware or software or to obtain data without consent;
  2. Distribution of pirated material including, but not limited to, software, videos, music and written works; and
  3. Distribution of obscene or illegal material including that which is pornographic, abusive, threatening, malicious, harassing, fraudulent, defamatory or that which encourages criminal activities.
2. You may not use Your Client Website to link to any other websites or systems hosting any material described above in sub-Clause 7.1.
3. You undertake to monitor and supervise any and all third party activity on Your Client Website (including, but not limited to, the submission of material by users and the use of communication systems such as forums). Any third party activity that may fall within the provisions of sub-Clause 7.1 must be stopped or removed, as appropriate.
4. You undertake to ensure that any and all personal information collected through Your Client Website is gathered, processed and held in accordance with the relevant provisions of the Data Protection Act 1998.
5. You undertake to ensure that any and all e-commerce conducted through Your Client Website complies with all relevant laws in force at the relevant time including, but not limited to, the Distance Selling Regulations 2000 and the EU E-Commerce Directive 2000.
6. You shall be responsible for all activity relating to Your Client Website.
7. You must use reasonable endeavours to ensure that We are furnished with any information reasonably required to provide the Service in a timely manner.
Intellectual Property Rights
1. You shall not acquire any rights in or over any Intellectual Property Rights subsisting in any materials and/or property owned by Us or by any third parties (where, for example, We are using materials under licence). Any materials owned by Us used by You in the normal course of the Service are used under a non-exclusive licence only to the extent required in order for Us to provide the Service to You.
2. We shall not acquire any rights in or over any Intellectual Property Rights subsisting in any materials and/or property owned by You or by any third parties (where, for example, You are using materials under licence) including, but not limited to, Your Client Website. Any such rights are used under a non- exclusive licence only to the extent required in order for Us to provide the Service to You.
3. You hereby agree to fully indemnify Us against all costs, expenses, liabilities, losses, damages, claims and judgments that We may incur or be subject to as a result of the infringement of any Intellectual Property Rights arising out of Your failure to obtain the necessary rights and permissions from third parties with respect to any materials used by You as hosted by Us under the Contract.
Your Use of the Hosting Software and Licence
1. Your use of any and all Hosting Software that We may from time to time provide including, but not limited to, the Vidahost Cloud Hosting Services, is under a non-exclusive licence and may be used only in accordance with these Terms and Conditions and only for the duration of the Service. You shall not gain any form of ownership rights over any Hosting Software or the Intellectual Property Rights therein.
2. Where We provide access to third party software (which, for the purposes of these Terms and Conditions, falls within the definition of “Hosting Software”) You agree to be bound by any licence agreements relating to such software upon Your first use of that software.
3. You may not under any circumstances:
  1. attempt to copy any Hosting Software;
  2. attempt to reverse-engineer, decompile, disassemble or in any other manner derive source code from any Hosting Software;
  3. write or otherwise create any derivative software that is based in whole or in part on any Hosting Software; or
  4. sell, lease, transfer, sub-licence, or in any other way treat any Hosting Software as Your property.
Limitation of Our Liability
1. Subject to the provisions of sub-Clause 3.4 and the remainder of this Clause 10, and to the fullest extent permitted by law, We shall not be liable to You or to any third party, whether in contract or tort (including negligence) for any loss or damage, direct or indirect, whether foreseeable or otherwise (including any indirect, consequential, special or exemplary damages) arising from:
  1. interruptions or downtime to the Service;
  2. any damage, loss or corruption of data (including, but not limited to, Your Client Website or any part thereof);
  3. any incompatibility, whether of the Hosting Software, Hosting Hardware or Your Client Website with any of Your own equipment (or that of any third party);
  4. any inability, on Your part, to use the Service (including, but not limited to, failure to follow reasonable instructions provided by Us);
  5. the loss of confidentiality caused by the storage of information on the internet (this does not refer to the mutual confidentiality obligations of the Parties under Clause 14).
2. Nothing in these Terms and Conditions shall exclude Our liability for death or personal injury resulting from Our negligence or that of Our employees or agents.
3. Nothing in these Terms and Conditions shall exclude Our liability for fraud or fraudulent misrepresentation.
4. Nothing in these Terms and Conditions excludes or restricts Our liability for any loss resulting from Our failure to use reasonable skill and care, from Our gross negligence, or from Our wilful misconduct.
Warranty Disclaimer
1. Subject to the provisions of these Terms and Conditions, We give no further warranty, express or implied, in connection with the Service as to fitness for purpose, quality, non-infringement or merchantability.
Your Indemnity
1. You shall fully indemnify Us against all costs, expenses, liabilities, losses, damages and judgments that We may incur or be subject to as a result of any of the following:
  1. Your misuse of the Service;
  2. Your breach of these Terms and Conditions;
  3. Your negligence or other act of default;
  4. The activities of third parties conducted on or through Your Client Website.
Data Protection
1. All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act.
2. We may use Your personal information to:
  1. Provide the Service to You;
  2. Process payments made by You;
  3. Inform You of products and services available from Us. You may request that We stop sending You this information at any time;
  4. In certain circumstances, and with Your consent, We may pass Your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold Your personal information accordingly.
  5. We will not pass Your personal information to any other third parties without first obtaining Your express permission to do so.
Confidentiality
1. Except as provided by sub-Clause 14.2 or as authorised in writing by the other Party, each Party shall, at all times during the continuance of the Contract and for 5 years after its termination:
  1. keep confidential all Confidential Information;
  2. not disclose any Confidential Information to any other party;
  3. not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions;
  4. not make any copies of, record in any way or part with possession of any Confidential Information; and
  5. ensure that none of its directors, officers, employees, agents, sub- contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 14.1.1 to 14.1.4 above.
2. Either Party may:
  1. disclose any Confidential Information to:
    1. any sub-contractor or supplier of that Party;
    2. any governmental or other authority or regulatory body; or
    3. any employee or officer of that Party or of any of the aforementioned persons, parties or bodies;
      to such extent only as is necessary for the purposes contemplated by these Terms and Conditions (including, but not limited to, the provision of the Service by Us), or as required by law. In each case that Party shall first inform the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body under sub-Clause 14.2.1.2 or any employee or officer of any such body) obtaining and submitting to the other Party a written confidentiality undertaking from the party in question. Such undertaking should be as nearly as practicable in the terms of this Clause 14, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and
  2. use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of Your acceptance of these Terms and Conditions, or at any time after that date becomes, public knowledge through no fault of that Party. In making such use or disclosure, that Party must not disclose any part of the Confidential Information which is not public knowledge.
3. The provisions of this Clause 14 shall continue in force in accordance with their terms, notwithstanding the termination of the Contract for any reason.
Force Majeure
1. Neither Party to the Contract will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
2. In the event that either Party cannot perform their obligations thereunder as a result of force majeure for a continuous period of 1 calendar month, the other Party may at its discretion terminate the Contract by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all Service provision up to the date of termination or, where payment has been made in advance, a fair and reasonable reimbursement for Service provision not received.
Term and Termination
1. The initial period of Service provision shall commence on the date that Your Order is submitted and all Fees due under Clause 4 are paid. This period shall last for the duration specified in Your chosen Hosting Package, subject to any provisions in these Terms and Conditions to the contrary (including, but not limited to, this Clause 16).
2. Subsequent periods of Service provision shall last for the duration specified in Your chosen Hosting Package and shall follow on from a previous period, without interruption, subject to Your fulfilment of the payment obligations set out in Clause 4. All subsequent periods of Service provision shall remain subject to these Terms and Conditions unless expressly stated otherwise.
3. Either Party may immediately terminate the Contract by giving written notice to the other Party if:
  1. any sum owing to that Party by the other Party under these Terms and Conditions is not paid within 14 Business Days of the due date for payment;
  2. the other Party commits any other breach of any of these Terms and Conditions and, if the breach is capable of remedy, fails to remedy it within 5 Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;
  3. an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;
  4. the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
  5. the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under these Terms and Conditions);
  6. anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;
    16.3.7 that other Party ceases, or threatens to cease, to carry on business; or
    16.3.8 control of that other Party is acquired by any person or connected persons not having control of that other Party on the date of the Contract. For the purposes of this Clause 16, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.
4. For the purposes of sub-Clause 16.3.2, a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.
5. The rights to terminate the Agreement shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.
Effects of Termination
Upon the termination of the Agreement for any reason:
1. We shall ensure the complete and secure removal of Your Client Website and all related material from the Hosting Hardware;
2. any sum owing by either Party to the other under these Terms and Conditions shall become immediately due and payable;
3. all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Contract shall remain In full force and effect;
4. termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of these Terms and Conditions which exist at or before the date of termination;
5. subject as provided in this Clause 17 and except in respect of any accrued rights neither Party shall be under any further obligation to the other; and
6. each Party shall (except to the extent referred to in Clause 14) immediately cease to use, either directly or indirectly, any Confidential Information, and shall immediately return to the other Party any documents in its possession or control which contain or record any Confidential Information.
No Waiver
No failure or delay by either Party in exercising any of its rights under these Terms and Conditions shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of these Terms and Conditions shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
Set-Off
Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under the Agreement or any other agreement at any time.
Assignment and Sub-Contracting
1. Subject to sub-Clause 20.2 the Contract shall be personal to the Parties. Neither Party may assign, mortgage, charge (otherwise than by floating charge) or sub-licence or otherwise delegate any of its rights thereunder, or sub-contract or otherwise delegate any of its obligations thereunder without the written consent of the other Party, such consent not to be unreasonably withheld.
2. We shall be entitled to perform any of the obligations undertaken by Us through any other member of Our group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub- contractor shall, for the purposes of these Terms and Conditions, be deemed to be Our act or omission.
Relationship of the Parties
Nothing in these Terms and Conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in these Terms and Conditions.
Third Party Rights
1. No part of these Terms and Conditions is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
2. Subject to this Clause 22 the Contract shall continue and be binding on the transferee, successors and assigns of either Party as required.
Communications
1. All notices or communications shall be given to Us by email to tony@revealwebsolutions.com. Such notice will be deemed received the day of sending if the email is received in full on a Business Day and on the next Business Day if the email is sent on a weekend or public holiday.
2. We may from time to time send You information about Our products and/or services. If You do not wish to receive such information, please click on the unsubscribe link in any email which You receive from Us.
Severance
In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
Law and Jurisdiction
1. The Agreement and these Terms and Conditions (including any non- contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
2. Any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

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TRAINING

Background

These Terms and Conditions govern the provision of training provided by Reveal Web Solutions (“the Trainer”) to clients wishing to use those training services. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur on Your indicating Your acceptance and completing Your Order for the Service.

Definitions and Interpretation
1. “Booking Form” means the form provided by the Trainer for the purpose of booking any Course
2. “Course” means any training course offered by the Trainer through the training section of the Website.
3. “Fee” means any payment required when booking any Course, in accordance with the Price List provided on the Website
4. “Price List” means the list of prices charged for each Training Course as provided on the Website
5. “Training Description” means any information relating to any course offered on the training section of the Website, including, but not limited to, aims and objectives, course materials, pre-course reading and any pre-requisites for attending the course
6. “Website” means the website of Reveal Web Solutions [insert URL]
Bookings
1. It is Your responsibility to ensure that You are able to meet any Course pre-requisites and that the course will meet your requirements by reading any relevant Training Description prior to booking.
2. If the booking is made by an individual other than the named participant it is the responsibility of the person making the booking to ensure that the participant is suitable for the training in accordance with 2.1 above.
3. Your booking will only be confirmed upon receipt of a completed Booking Form and full payment of any Fees due.
4. Reveal Web Solutions’ acceptance of your booking brings into existence a legally binding contract between us on these terms and conditions. Any term sought to be imposed by you in any purchase order or correspondence will not form part of the contract.
Payment
1. Fees are payable in full at the time of booking unless a purchase order/invoice is provided and accepted in which case payment in full must be made no later than 5 working days before the training is due to take place.
2. Fees are set in accordance with the Price List provided on the Website which may be varied at any time.
3. Payment must be made by one of the following methods:
  1. Credit/Debit card;
  2. Paypal;
  3. Cheque or
  4. Direct bank transfer (BACS)
4. If payment in full is not made 5 working days before the training is due to take place, the Trainer reserves the right to cancel the booking.
Training Attendance
1. Participants will receive joining instructions via email to the email address provided at the time of booking
2. It is the responsibility of the individual making the booking to ensure that instructions are received by the participant
3. If for any reason the joining instructions are not received it is the responsibility of the individual who made the booking to contact the Trainer and arrange for them to be re-issued.
4. The Trainer will send all correspondence via email to the email address provided at the time of booking. You may amend these contact details at any time following the booking. Any further correspondence will then be provided to the new address.
5. Failure to attend the course will result in the full cost being incurred unless proper notification is received in accordance with x.x below.
6. Training cannot take place whilst there is a balance outstanding on your account.
7. It may be necessary, for reasons beyond the control of the Trainer to change the content and timing of the training, the date, the venue or the tutor.
Cancellations and Amendments
1. All requests for cancellations and/or transfers must be received in writing or by email.
2. Where a request for cancellation and/or transfer is received by email the Trainer will acknowledge your communication accordingly. It is the responsibility of the person requesting the cancellation and/or transfer to contact the Trainer if this acknowledgement is not received within 2 working days.
3. Changes will become effective on the date of written/email confirmation being received.
4. Should a change result in a higher Fee being payable, You will be informed of this at the time of requesting the amendment. Any additional Fee becomes payable immediately on You confirming that you wish to proceed with the amendment and is treated in accordance with section 3 above.
5. The appropriate cancellation charge will be applied based on the cost of your booking as shown below:
  1. If cancelled more than 28 calendar days before the date of the training you will receive a full refund.
  2. If cancelled between 15 and 28 calendar days (inclusive) before the date of the training you will receive a 75% refund.
  3. If cancelled between 7 and 14 calendar days (inclusive) before the date of the training you will receive a 50% refund.
  4. If cancelled less than 7 days before the date of the training you will not receive a refund as this is treated as late cancellation.
6. If an individual named on the booking form cannot attend you may substitute them with another participant provided notification is received in writing/email no later than 2 working days before the date of the training.
7. If an individual named on the booking form cannot attend and is not able or willing to transfer their place to another participant, the Fee paid may be accepted as payment towards a place on the same course or an alternative course that takes place within 6 months following the originally booked event.
8. Participants are only permitted one transfer or substitution per booking. After this the full Fee will be charged.
9. In the event of cancellation by the Trainer we will make all reasonable efforts to inform all participants 5 working days before the training is due to take place. All course fees will be reimbursed in full or the payment transferred to alternative training provided by the Trainer.
10. The Trainer shall not accept liability for any consequential loss and shall have no liability to reimburse any other costs that may have been incurred, including transport costs, accommodation etc.
Course provisions
1. Accommodation and travel are the responsibility of the participants.
2. Lunch is not provided unless otherwise stated on your booking confirmation.
3. Limited refreshments will be provided. It is the responsibility of the individual making the booking to make the Trainer aware of any special requirements that the participant may have.
Extenuating circumstances
1. If you are unable to attend the training due to extenuating circumstances you must inform the Trainer in writing or by email.
2. Where the Trainer is informed of such extenuating circumstances we may, at our sole discretion, choose to refund any Fees paid or waive any charges or conditions applied under section 5 above.
Limited liabilities of the Trainer
1. The Customer agrees that any liability of the Trainer for any reasons shall be limited to the amount of the fees actually received by the Trainer from the Customer under this agreement regarding the services in question. In no event shall the Trainer be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Customer is told that any such damages may occur.
2. The Trainer is not liable for any delays, damages or losses in relation to this training which occur as a result of:
  1. Act of God;
  2. Force Majeure, including but not limited to natural disaster, war, act of terrorism, or any other incident which may affect the reasonable performance of this contract;
  3. Acts or omissions of the Customer; or
  4. Acts or omissions of any subcontractor or third party.

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