Terms & Conditions

The 'Seller', 'We', 'Us' means eMB Group, eMeans Business Limited, eMB House, 24 Coniston Gardens, London, N9 8NB. The 'Customer', 'Client', 'You' means any person, firm or company purchasing Goods or Services supplied by eMB Group.

Hosting

The price of hosting will be in line with our competitors for a similar package. This will always approximately reflect, at our descresion, that of the largest hosting company in europe, FastHosts, for a similar package and currently stands at £99 per annum.

Our servers are supported by Fasthosts, one of Europe's biggest hosts, and clients can make our engineers aware of any problems via an online form, normally accessible 24hours a day. Since 2012 Octavo 'has' to be on our servers

On special offers, where the first year's hosting is part of the package. After the first year (1 year from date of ordering) a hosting fee will be due on the order date. The fees is as above.

Unlimited Use Policy

High bandwidth usage: Fasthosts offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Fasthosts 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, Fasthosts reserves the right to impose the High Resource User Policy for the consideration of all customers.

High Resource Use Policy

Resources are defined as bandwidth, processor utilisation or disk space.

Fasthosts may implement the following policy to its sole discretion:

When a website is found to be monopolising the resources available Fasthosts reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Fasthosts continues hosting the website for an additional fee.

Confidentiality and Copyright

We recognise and acknowledge that any project creates a confidential relationship between Us and the Client and that information concerning Client's business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature.

During the term of this Assignment and without further consideration, we will assign to the Client, all rights, title, and interest in any copyrightable material that is produced in connection with this project, excluding information and intellectual property previously copyrighted by us.

In addition to our showcase, an archive of a site may be made and shown, unless agreed otherwise, as part of our companies history and the UK Government's wider efforts to retain a nationwide archive.

Site Ownership

Naturally whilst we must protect our underlying code, ownership of your sites copyright, design and pages, as available in your CMS, is provided to all clients as standard. HOWEVER, ALL COPYRIGHT & OWNERSHIP REMAINS WITH US IF ANY DEBTS REMAIN UNPAID

Since 2012 Octavo 'has' to be on our servers

Images

In packages where we aim to mirror the appearance of an existing website, we reserve the right to refuse poorly coded sites and certain elements of your design may be liable to change.

In eDesign packages our graphic designers will include an image within the sites banner, chosen by our client from an online image stock source we use. The cost of this image will be included. An alternative image can be provided by our client and added for free if correctly sized, optimised and formatted in .jpg format.

In all packages the clients current logo and corporate image is used unless extra graphic design services have been agreed. Our logo will be included in any website designs and can be removed for a fee. Temporary placement images may be used within designs, to demonstrate layouts. These should be removed before launch, if they are not supplied by our client.

FTP Access

To protect our software intellectual property behind your site, your site must remain on our servers . Whilst FTP access and the installation on a clients server is not standard, an additional cost can be added to allow for this and the encrypting of the sites PHP files, arranged prior to a project commencement.

Since 2012 Octavo 'has' to be on our servers

Browser Compatibility

We embrace the latest technologies, and as such all our page templates are built in table-less CSS layouts. This has the benefits of easier maintenance and adjustment, assures your web page is both forward and backward compatible with new browsers, complies with accessibility legislation and is better for search engines.

CSS is best viewed in Internet Explorer 5.0 and above and is not suitable for Internet Explorer 4 (less than 0.2% of people use I.E.4).

The template can be built in tables to cater for Internet Explorer 4 on request, but then all responsibilities to ensure your code is accessible pass to you.

Your site may be built to operate within PHP4 or PHP5, subject to when it was created. Upgrades to another PHP version may be required, for a fee, as and when these technologies die a natural death. We cannot guarantee against such worldwide changes.

Support and Training

To support our software and train clients we have a comprehensive online help guide which is easy to use and constantly updated (this can be viewed in our online demo).

Whilst every effort will be made to ensure our clients are able to use, what is, an easy administration system, clients unable to set out a page using "Microsoft Word" will be deemed as being too inexperienced. In the case of the added service of personalised training, an offer to train an alternative staff member will be made.

This training will enable our clients to add their site content. In the case of an online store this will include product information. We can help add this data in one go, if given a CSV file that is suitable.

Our content addition services can be supplied at an added cost or a solution that includes this service, can be chosen.

Maintenance

On our latest version, we have a policy of fixing all bugs within the system once they have been raised using our bug tracker. These bug fixes updates will then be available to all customers. Older software will become out of date, subject to how technology changes across the world. Upgrade options may be offered, where possible.

We have a range of maintenance options depending on your needs:

• In-built: Within the system clients may back up their site and database in case of failure or accidental deletion.
• Lifetime: Lifetime software upgrades are available for £99 per year, we aim to release at least one major upgrade per year, and several minor releases.
• Managed: We can maintain your whole site for you, this can include anything from writing fresh content to managing your members.
• SEO: We have a range of search engine maintenance options that can be used regularly or as one-offs

Site Stats

Basic Site Stats are available as standard, these show how many times each page has been visited and a report allows you to see your most popular pages. Additional advanced stats can be added on demand.

eCommerce Solutions

Shop Payment Providers

Your store is preset to offer sales in English with UK pounds via the payment providers PayPal, SECPay, Protx and WorldPay. Other payment configurations are available at an extra charge.

Product Importing

We offer to export information to and from your store, as an extra service, on our shop solutions.

Refunds

Refunds, when offered at our discretion, will be restricted to any unused elements of our services. The refund is also subject to an administration fee of up to 30%, to cover our expenses.

Software Restrictions

Navigation

A few styles of navigation such as indented navigation and space between headings cannot be offered with this product, see examples here. Suitable suggested styles for navigation can be found here.

Character Sets

The system is set to accept English character sets and other language character sets are not fully supported.

Payment Terms

A deposit/ full payment is payable upon commencement of the project, with the remaining balance (if applicable) payable upon completion of the project.

Billing is in accordance with standard practice. Invoices will be generated monthly in advance and are payable within 30 days of receipt.

All unpaid invoices shall begin to accrue a compound 5% monthly interest charge, 30 days after receipt by the Client. If the Client should fail to make any of the payments set out in the above schedule, the Company at its option may treat the Client’s failure to pay as a material breach of this Contract, and may terminate this Contract and/or seek legal remedies including legal costs.

Law

This agreement shall be governed by and construed in accordance with English law and the parties hereto agree to submit the non-exclusive jurisdiction of the English courts.

Force Majeure

The Company will not be responsible for damage, delays or non-performance directly or indirectly caused by lack of adequate instructions from customers, governmental regulations or requirements, unavailability of material, work stoppages, strikes, slow-downs, boycotts and other causes (whether or not similar in nature to any of those herein before specified) beyond the Company's reasonable control and in such a case may wholly or partially suspend shipment of goods, services or equipment.

Losses

No further claim of whatsoever nature shall be entertained and in particular we shall not be liable for any damages or any direct or consequential loss of any nature.

Customer Obligations

The Customer undertakes not modify, alter or in any way interfere with the Software, Configuration or merge the Software with other data, programs or systems save to the extent permitted by law. Without prejudice to any other remedy of the Company if the Customer ( in breach of this clause) does modify, alter, interfere with or merge the Software or Configuration no such modification, alteration, interference or merger however extensive shall derogate form the obligations of and restrictions on the Customer under this Agreement which shall thenceforth apply to the Software and Configuration as so modified, amended, altered, interfered with or merged.

Not to use the Software to provide data processing services to third parties, or otherwise use the Software on a "service bureau" basis.

Prices exclude VAT where applicable