Fearsome Engine Limited (hereinafter referred to as "Fearsome Engine") provides Web Site Design, Hosting and other similar services, (hereinafter referred to as the "Services").
Fearsome Engine reserves the right to suspend or cancel a customer's access to any or all Services provided by Fearsome Engine or their hosting partners when Fearsome Engine decides that the account has been inappropriately used or that these Terms and Conditions have been broken in whole or part.
These Terms and Conditions supersede all previous representations, understandings or agreements, unless specifically agreed otherwise by both Parties, in writing.
Placement of an order, or advance payment, or an instruction to proceed by the Customer constitutes agreement to and acceptance of these Terms and Conditions (additional copies of which are available via our web site www.fearsomeengine.com)
The Customer agrees that it shall defend, indemnify, save and hold Fearsome Engine harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Fearsome Engine, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless Fearsome Engine against liabilities arising out of
This agreement shall be governed by English Law.
All web design commissions provided by Fearsome Engine to the Customer are subject to the following terms and conditions.
Charges for Services to be provided by Fearsome Engine will be defined in the customer's Project Proposal. Under normal trading circumstances, the Project
Proposal will be issued by Fearsome Engine following receipt of a request for quotation from the Customer, which shall identify the scope of work intended.
Fearsome Engine will then provide its quotation which will include the Project Proposal for acceptance or comment by the Customer. Once the Project Proposal has been accepted, in writing, by the Customer, this will then be deemed to be the sole document which will specify the scope of work. In addition, prices will be fixed at that time identifying the specific Project Proposal and its revision in order to avoid misunderstanding.
All Services require an advance payment of 50% (fifty percent) of the project quotation total before the work is supplied to the Customer for review. The remaining 50% (fifty percent) will be due upon completion of the work.
Payment will be made by cheque: payable to "Fearsome Engine Limited", and addressed to Fearsome Engine Ltd., E10-E11 Innovator House, Sunderland Enterprise Park, Sunderland, Tyne and Wear, SR5 2TP.
Fearsome Engine will provide the Customer with an opportunity to review the appearance and content of the Web site during the design prototype stage.
Fearsome Engine will deliver the Customer's Web site by the date specified in the Project proposal, unless a delay is specifically requested by one Party and accepted by the other, in writing.
At the "sign-off" stage the customer will be presented with the completed design. Such materials will be deemed as acceptable and approved unless the Customer notifies Fearsome Engine to the contrary within 10 working days of the date the materials were made available.
Invoices will be provided by Fearsome Engine upon completion of any work undertaken. Invoices are normally sent via email; however, the Customer may elect to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be subject to a service charge for an amount equivalent to Base Rate + 8% of the outstanding balance.
Accounts unpaid 30 (thirty) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on Fearsome Engine's Web space, Fearsome Engine will, at its discretion, remove all such material from its web space. Fearsome Engine is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account.
Cheques returned for insufficient funds will be assessed a return charge of £25 and the Customer's account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay Fearsome Engine reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Fearsome Engine in enforcing these Terms and Conditions.
Termination of services by the Customer must be requested in writing and signed. Termination will be effective on receipt of such notice. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within 30 (thirty) days.
The web site design and any associated system coding developed by Fearsome Engine remain the intellectual property of Fearsome Engine. Any web site content, i.e. text and images provided by, or entered into the system by the customer and/or their clients, remains the property of the customer. If a customer wishes to terminate their account with Fearsome Engine and transfer their web site information elsewhere, Fearsome Engine will advise and assist with any data extraction and transfer work subject to Fearsome Engine's standard hourly rates.
Where Fearsome Engine has registered domain names on behalf of the customer, these are officially the property of Fearsome Engine . The ownership of these domain names can be transferred to either the customer or another web-hosting partner subject to an administration charge of £25.
The Customer retains the copyright intellectual property rights to data, files and graphic logos provided by the Customer, and grants Fearsome Engine the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party.
The Customer is further responsible for granting Fearsome Engine permission and rights for use of the same and agrees to indemnify and hold harmless Fearsome Engine from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. An order placement and/or instruction for Web site design shall be regarded as formal and binding confirmation by the Customer to Fearsome Engine that all such permissions and authorities have been obtained.
As part of our annual hosting and support services Fearsome Engine offer to make minor changes to content free of charge as long as the work involved does not exceed 1 hour in duration or take place more than once a month. Any changes to static or dynamic content incurring work over and above this will be subject to a separate quotation.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on disk or via e-mail) and that all photographs and other graphics will be provided physically and will be of sufficient or appropriate quality print suitable for scanning or, alternatively, electronically in .gif, .jpeg, .png or .tiff format.
Although every reasonable attempt shall be made by Fearsome Engine to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed and it is the responsibility of the Customer to retain the original or a back-up copy or to employ suitable Disaster Recovery procedures.
If the Customer's Web site is to be installed on a third-party server, Fearsome Engine must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Where possible and relevant, based upon the information provided by the Customer, such other resources will be identified in the Project Proposal. However, in those circumstances whereby such resources cannot be reasonably identified at the Project Proposal stage, then Fearsome Engine reserves the right to issue an amendment to the Project Proposal as soon as it becomes clear that additional resources might be required, which might include a re-evaluation of the costs quoted.
Fearsome Engine cannot accept responsibility for any alterations caused by any other party to the Customer's web site once installed. Such alterations include, but are not to additions, modifications or deletions.
All web site support and hosting services provided by Fearsome Engine to the Customer are subject to the following terms and conditions and supplement our standard terms and conditions above.
Web site hosting service accounts are defined as those facilities provided to support and host the Customer's web site. Accounts are to be used by the customer/account holder only. Account holders are not permitted to resell, store or give away web-hosting services of their web site to other parties. Exceptions to this include links, ad banners, classified ads, and personal ads.
Fearsome Engine reserves the right to refuse hosting services to anyone should it decide that the account has been used inappropriately or otherwise. Fearsome Engine will not allow any of the following content to be stored on its servers or its hosting partner's servers:
Unsolicited email (Spam) is considered an unacceptable use of a domain. Whether the unsolicited email originates directly from the client's web-space area or otherwise, abuse reports received concerning a domain may result in suspension or closure of the service without refund.
All accounts are set up on a prepay basis. Although Fearsome Engine reserves the right to change prices of accounts or services at any time, pricing is guaranteed for the period of prepayment. Payment is due every 12 months following the date the account was established.
All renewal payments must be received at least 5 working days in advance of the renewal date to ensure that no disruption to the service is incurred. Fearsome Engine reserves the right to suspend this and other services until any outstanding debt is cleared. Fearsome Engine will not be responsible for any data lost due to non-payment closure of an account. The Customer is responsible for all money owed on the account from the time it was established to the time that the Customer sends a written cancellation request.
Fees charged on a prepay basis are non-refundable.
Fearsome Engine will not be responsible for any damages your business may suffer. Fearsome Engine makes no warranties of any kind expressed or implied for services we provide. Fearsome Engine 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 Fearsome Engine and its employees. Fearsome Engine reserves the right to revise its policies at any time.
Unless otherwise stated, all services provided by Fearsome Engine necessarily require the use of third party hardware in partnership with Fearsome Engine. Fearsome Engine has no influence in relation to the hardware, software and technical support offered by the third party and is not responsible for any technical deficiencies or breaks in service when they occur. Should technical support be required by a client, an email should be sent or telephone call made to Fearsome Engine and the matter raised will be discussed with the relevant third party partner.
Where Fearsome Engine consider that the services offered by our hosting services do not meet the requirements of the client or that an increased level of technical support is necessary, Fearsome Engine will endeavour to find a suitable alternative service to host the client's web site and provide email services.
High bandwidth usage: Fearsome Engine offers a high use policy by maintaining very large ratios of bandwidth per Customer. In rare cases, Fearsome Engine may find a Customer to be using server resources to such an extent that he or she may jeopardise server performance and resources for other Customers. In such instances, Fearsome Engine reserves the right to impose the High Resource User Policy clause as stated below in order for Fearsome Engine to provide equitable consideration of all its customers.
Resources are defined as bandwidth and/or processor utilisation. Fearsome Engine may implement the following policy to its sole discretion: If a web site is found to be monopolising all the resources available to the detriment of other clients of Fearsome Engine, then Fearsome Engine reserves the right to immediately suspend that site. This policy will only be implemented in extreme circumstances. Customers may be offered an option whereby Fearsome Engine continues hosting the website for an additional fee.
Fearsome Engine will only backup all files necessary to recreate the original web site.