Terms of Business
All Future Star Websites services and/or goods are supplied subject to the following terms of business, that are set out below.
Updated: 09:45 AM, 1 May, 2018
These are the terms of business of Zap! Media Limited trading as Future Star Websites, a company registered in England and Wales with company number 4690317, and registered office at 96 Gravesend Road, Rochester, Kent, ME2 3PN. Throughout these terms of business, the words “we”, “us”, “contractor” and "our" refer to Zap! Media Limited trading as Future Star Websites, and the words “you”, “your”, “client” and “customer” refer to you, the customer.
a. Any order resulting from a quotation or the submission of a current price from us shall be subject to these terms and conditions. Any variation is only valid if accepted in writing by us.
b. Quoted prices are usually valid for 30 days but are subject to any material costs and sight of copy or brief.
a. Quoted prices are subject to alteration between date of acceptance and completion of order in the event of our costs being increased, except through any happening or event within our direct control.
a. All dates quoted for delivery are approximate and, whilst every effort will be made by us to ensure delivery dates are met, we shall be under no liability for failure to deliver on the quoted date.
b. Where expedited delivery is required and increased costs are incurred, these will be the responsibility of the Buyer (herein after referred to as "customer") and invoiced accordingly.
c. Should work be suspended, either at the direct request of the customer, or simply through inactivity, or delayed through any default of the customer for a period of 10 working days we will be entitled to invoice for work already carried out and materials used.
4. Terms of Payment
a. Payment shall be made in full within 15 days from date of invoice, unless otherwise agreed to the contrary. Any discrepancies on invoices must be advised to us, in writing, within 14 days from the date of invoice.
b. Should payment terms be exceeded we reserve the right to charge the customer interest at a rate of 10% per month above the base rate set by Lloyds Bank.
c. Domain name(s). All fees must be prepaid and are non-refundable even if suspended, cancelled or transferred prior to the end of the registration term. We will automatically renew your domain name(s) using billing information available. If your billing information is not accurate we will contact you to update this information and charge accordingly.
d. Hosting accounts are set up on a prepay basis. Although we reserve the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every 365 days, following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.
5. Domain Names
As part of any of our packages, we offer one domain name free of charge for each client; however we reserve the right to apply a charge if required. The price will vary depending on the chosen domain name.
Subject to our terms of business, we will transfer any domain names relating to you on termination of your contract with us for a small administrative fee of £49 plus VAT per domain. Should you not request in writing for your domain name to be transferred to you at the end of your contract term, then it will be allowed to expire.
If you change your mind and you do wish to renew your domain name and continue your services with us, you will have all the way up until 90 days after the domain has expired to contact us to renew your domain name and continue your services with us.
6. Ownership and Risk
The risk in the Goods and/or Services passes to the customer upon delivery and the customer shall insure the Goods and/or Services from such time against fire, water damage, theft, online hacking and other usual risks at the full invoice price thereof to the customer, but legal and beneficial ownership shall remain with us until full payment has been received.
Client transfer of pay monthly websites is prohibited until payment equal to 12 monthly payments and upfront build costs has been received.
a. Our liability in respect of any failure of the Goods and/or Services to be of contract description or quality is limited to the express provisions of this clause. Our warranty under this clause is in lieu of any warranties, conditions or undertakings, whether express or implied by statute or law or otherwise, save those implied warranties, conditions and terms that cannot be excluded by virtue of statute or law.
b. We take all possible care to ensure that the Goods and/or Services are to contract description and quality but defects, errors and shortages sometimes occur. If the customer wishes to make a complaint that the Goods and/or Services are not to contract description or quality, the customer must do so in writing so that we receive the customer's complaint within 14 days of delivery to the customer of the Goods. If the customer fails to make its complaint in writing and within the strict time limit, we shall be entitled to reject its complaint without further investigation. If the customer makes their complaint in writing and within the strict time limit, we shall investigate their complaint within a reasonable time and the customer shall allow us to inspect the Goods. If the Goods and/or Services are not contract description or quality (and if we have not rejected the customer's complaint because it was not made in writing or within the strict time limit), we may at our sole and unfettered discretion:
- 1. replace the Goods and/or Services, or
- 2. accept the return of Goods and/or Services in which case we shall credit the customer with the Contract price: or
- 3. credit the customer with an amount equivalent to the difference between the value of the Goods and/or Services at the time the customers makes its complaint and the Contract price, in which case, the customer shall then pay the Contract price (subject to such credit) in accordance with the terms of payment above.
Every effort will be made to carry out intending customer's requirements, but:
- a. We shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or any loss arising from delay in transit.
- b. Where work carried out by us is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect.
- c. We will endeavour to ensure accuracy in the preparation of copy.
However, some errors may occur and therefore, all proofs must be checked very carefully before the customer passes for print. Any liability for overlooked corrections will remain the customer's responsibility and all subsequent expenses will be invoiced accordingly.
9. Customer's Property
No liability is accepted by us for any loss or damage to intending customer's transparencies, artworks, digital media or any other property, however arising otherwise than from gross negligence of us.
10. Force Majeure
Every effort will be made to carry out the Contract but its due performance is subject to cancellation by us or to such variation as it may find necessary as a result of inability to secure labour, materials or supplies or as a result of an act of God, war, strike, lockout or other labour dispute, fire, flood drought, legislation or other cause (whether of the foregoing class or not) beyond our control.
These Conditions and all other express terms of the Contract shall be governed and construed within the Laws of England.