TERMS AND CONDITIONS

Masterserver and TBS Webdesign.com specialise in high quality website design and commercial website submission, specialist optimisation and promotion. With a dedicated team of professionals and the latest technology we continuously endeavor to deliver the highest standards for all of our services.

For the purpose of the terms and conditions set out below, Masterserver shall be jointly and hereby named by the trading name of; TBS Webdesign.com or The Company unless otherwise named in the respective paragraph or subject matter, for the avoidance of doubt all terms and conditions, privacy policy, disclaimers, limitations of liability, disclaimer of representation of warranties, permitted uses, jurisdiction and all notes will apply to all clients and all trading names for all services.

TBS Webdesign.com agree, subject to contract to produce websites and provide associated services where reasonably possible and depending on the written agreement, order form and/or checklist, agree to optimise, submit and promote (subject to package) its clients websites and URL addresses on specified major UK and Global Internet search engines.

Our standard terms of payment for website design and production are; 50% Deposit 1st Payment followed by 50% on completion, unless otherwise agreed in writing. In the case of customer self-management or alternative hosting, final transfer of files and access codes will be take place once final payment has been received and cleared.

In the event of requested changes being made to the original signed order or verbal confirmation of the said order with our design and development department representatives, the Company reserves the right to charge accordingly for any additional work undertaken.

It is the sole responsibility of the client to supply all text in ready to cut and paste format and correct images formats unless specifically agreed in writing, additional charges may be incurred at the discretion of the company for work on any of the aforementioned, and/or if changes to the confirmed order or additional work are requested by the client or any of the clients representatives, this includes the time for sourcing and or acquiring data/images, research and testing. It is also the sole responsibility of the client to ensure that all images and data are free from copyright, in any event the company reserves the right to put on hold, suspend or cancel any order at any time should it deem appropriate or necessary.

It is agreed that for a minimum of twelve months (subject to contract) Masterserver will provide website hosting and URL submission, optimization and search engine placement services, including research, advice and consultation on behalf of its clients, provided all monies due are settled in full and/or all payment plans or monthly subscriptions are up to date.

Once an order has been placed and processed it may not be cancelled. Should there be any need for changes to be made to websites, information, programming or coding on the website due to errors or a legitimate request by the customer to do so, this may be done at any time, as long as the provisions of the overall agreement are adhered to, however no refunds will be given.

Every effort is made to ensure that the information programmed or posted on its clients website is correct. In the case of errors being made, we will endeavor to correct the situation, as quickly as possible from the time of being made aware of it. We will not be held liable or responsible for any losses as set out in the Limitations of Liability section of these terms.

Any outstanding invoice payments must be paid by the payment due date, when requested or before, unless agreed in writing. Failure to adhere to the payment terms set out in the original agreement will incur additional costs and interest charged at 10% of the balance due if more than 7 days overdue, and thereafter 8% per month over and above the standard Bank of England base rate and may involve the termination of services until the account is put in order.

The above applies to all payments, including interim payments, which must be received within 7 days of being requested in order to prevent delays in project development, should delays occur as a result of; lack of information, data, images or any other reason caused by the client or it's representatives, Masterserver & TBS Webdesign.com reserve the right to charge as per the late payment conditions set out above, unless agreed in writing.

In the event of termination or transfer of services by either the Company or the Client, The Company resrves the right to charge adminstration fees at their discretion, all due payments must be paid prior to the transfer of files and or services.

All agreements which are due payable by standing order must run for a minimum of 12 months unless otherwise agreed in writing. The Company reserves the right to increase it's fees/charges at any time.
Masterserver will continue to provide the hosting and web promotion service during and over and above the minimum period, for the originally agreed standing order charge, whilst the standing order remains in place.
Should the customer no longer wish to continue with the service, it shall be the sole responsibility of that customer to notify us in writing three months prior to the required termination date, and cancel the standing order after the minimum period lapses. (No refunds shall be given).

PRIVACY POLICY

Masterserver and it's associates will not and do not use any personal information held, outside of the remit of normal internal trading practices. All personal customer information is confidential and considered classified; we do not, and will not pass on your personal information to any persons, organisation, company or research body whatsoever, outside of our own organization or associated companies.
From time to time we may contact you regarding any promotions we may be running or to discuss renewals, upgrades or any other marketing initiatives that we feel you may be interested in.

DISCLAIMER

The services offered and given are made available by Masterserver & TBS Webdesign.

Masterserver and its direct associates own legally and beneficially all the intellectual property rights and content of all TBS Webdesign.com web pages including the software, graphics, design and text, used therein. Such intellectual property rights include, without limitation, copyrights and database rights, by visiting or using this site no license’s or rights are given or granted.

The service provided by TBSWebdesign.com is offered and given on agreement of the following;

By agreeing to or using any part of the services of TBS Webdesign, you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you must not enter into agreement with or use the services of TBS Webdesign.com.

Where reasonably possible, TBS Webdesign endeavors to ensure the accuracy of the information provided and sent for submission or optimization, however we do not warrant accuracy or guarantee the reliability of any information used in the service. (In the event of errors, we will endeavor to rectify and correct the situation as quickly as possible, from the time of being made aware of the situation).
We reserve the right, at our discretion, from time to time to make changes to the information submitted provided it is, in our opinion in the best interest of the client. However you are advised to check the information provided to you and via the Internet on a regular basis. Any reliance that you place on the accuracy of that information is at your own risk; we do not under any circumstances guarantee the levels of success or response of any visitors that may visit your website.

We will not be liable under any circumstances whatsoever for any consequential, direct, indirect punitive, or special damages arising from the use of any of our services or whilst being transferred to any other site via links of any kind.

All users of TBS Webdesign.com and Masterserver services do so at their own risk and take full responsibility for any consequences, which may arise, from using its services or accessing any of its websites.

LIMITATION OF LIABILITY

Under no circumstances will Masterserver or TBS Webdesign.com any of its directors, employees, agents, shareholders, direct associates, sponsors or any other party involved in the design, research, programming or production, submission, maintenance or optimization of information, be liable for any direct, indirect or consequential damages, or incidental damage, including but not limited to, loss of business, goodwill, profits, savings or anticipated savings or any other intangible losses whatsoever that result from any of the following;

Errors, omissions, mistakes, interruptions, delays, deletion of e-mail or files, suspension, delays in operation transmission or service response time, termination, defects, viruses or any failure of performance or services with and in respect to TBS Webdesign.com and Masterserver including, without limitation those arising from communications failure, destruction due to third party intervention, changes made by client or their representatives, unauthorised access of systems, programs and services, theft or acts of God.

The use of and reliance upon the services of TBS Web design or the inability to use search engines, directories or websites.

Products or services offered, services or goods and merchandise received through or advertised via TBS Webdesign.com and Masterserver serviced websites or URL addresses, and products and merchandise, services or goods received through or advertised via any links or connectivity of any kind.

Masterserver or TBS Webdesign.com will not be held responsible for any breaches of copyright which relate to data, images, products or services, it is the sole responsibility of the client to ensure that there are no breaches of copyright or patent of any kind.

Information received or advertised via TBS Webdesign.com, serviced and optimized websites, pop-ups and transferred information received or advertised via links of any kind.

Masterserver or TBS Webdesign.com will not guarantee or be liable for any information, data or materials whatsoever which are downloaded or transmitted over the Internet from its own or its client's websites including serviced or optimized websites. We are unable to ensure the security of any information transmitted over the Internet and attempts to do so are carried out at the users own risk. TBS Webdesign and its associates shall not be held responsible in any way, shape or form, or be liable for any damages or injury that may transpire as a result of such actions.

DISCLAIMER OF REPRESENTATIONS & WARRANTIES

TBS Webdesign and its associates undertake to ensure where reasonably possible that the information and any programming made available for submission or optimization is accurate and correct, however we do not warrant any of the content nor do we ensure any fitness, which may be implied.

We do not guarantee that Masterserver or TBS Webdesign. com hosting facility, it's serviced or optimized websites will be uninterrupted or completely error-free, furthermore we cannot ensure or guarantee in any way that the TBS Webdesign hosted, serviced or optimzed websites or main computer server or other servers are free from viruses, harmful components or any interference by unauthorised users or hackers. It is the sole responsibility of the owner, administrator or site user to protect his or her own systems against such situations.

In the case of Website Submission Packages, Masterserver will submit it's clients Website and URL details to the Search Engines. However Masterserver it's directors, employees, agents, shareholders, direct associates, sponsors or any other party involved with the research, programming or production, submission, maintenance or optimization make no Guarantee that any Search Engine will actually index the clients Website, it's URL or any of it ‘s details. It is the decision of the Search Engines and their operators and at their sole discretion, whether or not the site is actually indexed once it has been submitted.

Masterserver & TBS Webdesign its directors, employees, agents, shareholders, direct associates, sponsors or any other party involved with the research, programming or production, submission, maintenance or optimization of information will not liable or responsible for any oral implication, representation or warranty or condition inferred or implied.

Masterserver agrees to promote and submit its client's websites to the search engines. Assurances of search engine position and ranking may be given, however Masterserver and its directors, employees, agents, shareholders, direct associates, sponsors or any other party involved with the research, programming or production, submission, maintenance or optimization of information will not be liable for, and cannot guarantee that for reasons beyond their control these positions will be maintained. Positions may periodically drop down or not appear on a particular search engine at any given time.

In the event of any reduction in ranking performance or loss of placement Masterserver will endeavor to rectify the situation to the best of their ability and as quickly as possible. Masterserver, its directors, employees, agents, shareholders, direct associates, sponsors or any other party involved with the research, programming or production, submission, maintenance or optimization of information will not be liable in any way for any direct, indirect or consequential damages, or incidental damage, including but not limited to, loss of business, goodwill, profits, savings or anticipated savings or any other intangible losses whatsoever that result from a reduction in ranking, performance or loss of placement.

PERMITTED USES

No materials, programming, coding or content belonging to Masterserver or TBS Webdesign.com, its own websites or its serviced or optimized websites, may be changed, adapted, copied, reproduced, republished, downloaded, uploaded, transmitted, posted, stored or distributed in any way.

We wish to make it abundantly clear that it is expressly prohibited without limitation, to use the service or its content for; Any unlawful purpose that is likely to bring TBS Webdesign.com and Masterserver any of its directors, employees, sponsors, clients or associates into disrepute. Sending messages or any form of communication, which may be obscene, indecent, menacing, threatening, abusive, offensive, or potentially libelous in any way.
Data for redistribution, sale of, compilation of databases, sending unsolicited messages/emails, lists for business uses such as marketing, e-marketing or any business or research activity of this nature whether directly or indirectly.

For the avoidance of doubt Masterserver will not tolerate "spamming" and will block any user found to be doing so, furthermore hosting and email services may be suspended and legal action be taken, which may include a fine of up to £5000.

TRADEMARKS

TBS Webdesign.com is a registered trademark and trading name. Any attempts to utilize, pass off, pertain to be, or aspire to be associated with this organisation without authority in the form of prior written permission from the Managing Director will result in legal action being instigated.

Any other trademarks, company names, logos etc. situated on or within the site are the property of their respective owners.
JURISDICTION AND GOVERNING LAW

All of the above conditions shall be governed by and construed in accordance with English Law. Masterserver is based in England and as such English Law applies.

The TBS Webdesign.com website and its services may be accessed and utilised from outside of the UK. Laws may differ outside of the English Jurisdiction, all clients, visitors or users of its sites or services from all countries, agree and acknowledge that by accessing the sites or using any of the services, they do so knowing that English Laws apply, whilst doing so visitors and users must respect, and are solely responsible for, complying with the local laws of their own territory.

NOTE

The term 'Serviced' is often used, for the avoidance of doubt this means websites or URL addresses which have been submitted, optimized or being maintained by Masterserver or TBS Webdesign.

''Standard Designed Web Sites' are based on TBS Templates using existing web page/style templates previously created by the TBS web design development team.

''Bespoke Designed Web Sites' are based on a design concept produced by TBS web design, once the overall concept has been agreed the design will then be carried forward throughout the web site, any changes to this concept or what has been agreed whether written or verbal will be classed as additional work and will be charged accordingly.

''Client Designed Web Sites' are based on a design concept and instruction produced and given by the 'client, client designed projects will be charged at £65.00 per hour + Vat.
Charges for additional work or requested changes will be at the rate of £45.00 per hour for design and internet marketing consultation and £65.00 per hour for programming, unless otherwise agreed in writing.