Terms & Conditions.

These Terms and Conditions were updated on 22nd May 2018. If you paid (the initial payment relating to that service) OvernightSite Ltd for services prior to 22nd May 2018, you will be bound by the Terms and Conditions in effect at the time of purchase for that particular service.

Below are OvernightSite Ltd’s Terms and Conditions. These become legally binding once the first payment has been received and for the duration of that service we provide you in future.

Definitions

The ‘Client’: The person, persons, business or organisation requesting the services of OvernightSite Ltd.

‘OvernightSite Ltd’: The primary designer and developer, also including its employees and affiliates.

‘Project’: Any work undertaken or service provide by OvernightSite Ltd for the client on their request.

‘Domain’: Is the website address as specified by the client.

‘Graphic Design Work’: Designs created by OvernightSite Ltd for the use on printed products (e.g. business cards, leaflets).

General Terms

1. The agreement between OvernightSite Ltd and the client will be on these conditions. Any variations to these conditions shall have no effect unless agreed in writing. Please read these terms and conditions carefully. By accessing this website and paying for our services you agree to be bound by the terms and conditions below. OvernightSite Ltd reserves the right to change the T&Cs at any time without notice.

2. OvernightSite Ltd reserves the right at any time and from time to time to modify or discontinue OvernightSite Ltd temporarily or permanently, with or without notice to you. You agree that OvernightSite Ltd shall not be liable to you or any third party for any modification, suspension or discontinuance of OvernightSite Ltd.

3. OvernightSite Ltd cannot take responsibility and are not liable for any copyright infringements caused by materials submitted by the client. Any content including text, images or logo copied from another website and supplied to OvernightSite Ltd for use on their website is strictly prohibited. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

4. Any additions to briefs provided will be carried out at the discretion of OvernightSite Ltd and where no charge is made by OvernightSite Ltd for such additions, OvernightSite Ltd accept no responsibility to ensure such additions are error free.

5. OvernightSite Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

6. OvernightSite Ltd will carry out work only where an agreement is provided either by email, telephone, mail, fax or verbally. OvernightSite Ltd will carry out work only for clients who are 18 years of age or above.

7. OvernightSite Ltd will not be liable or become involved in any disputes between the client and their customers and cannot be held responsible for any wrongdoing on the part of a client. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

8. Once OvernightSite Ltd has begun work on a project, it is not possible to refund any of the payments if the client wishes to cancel the project. OvernightSite Ltd reserves the right to decide whether a refund is applicable if requested by the client.

9. These Terms and Conditions are governed by and construed in accordance with the laws of England. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we. This applies to all products and services supplied by OvernightSite Ltd to customers in the UK, and inside and outside the European Union.

Website Design

1. Whilst every endeavour will be made to ensure that the website is free of errors, OvernightSite Ltd cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

2. When carrying out website re-design work, OvernightSite Ltd cannot take responsibility and are not liable for any copyright infringements caused by material taken from the clients existing website. The client agrees that any imagery, text or design on their existing website are free and available to use. Any content including text, images or logo copied from another website and supplied to OvernightSite Ltd for use on their re-designed website is strictly prohibited. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

3. Where OvernightSite Ltd have purchased images from Shutterstock to use on the website on behalf of the client, Shutterstock and/or various artists who provide content and/or images to Shutterstock own or control all rights, including the copyrights in and to the images. These images are strictly for use by OvernightSite Ltd on the website. The client has no right to directly or indirectly use, copy, reproduce, resell, redistribute, provide access to, share or transfer any of these images. OvernightSite Ltd are not liable for misuse of these images by the client or any other person(s).

4. OvernightSite Ltd retains the right to use your website as an example of our work in, including but not limited to, our portfolio displayed on our website(s), promotional and other materials. We retain the right to display your website in our portfolio in any form that we have deemed appropriate.

5. If necessary, OvernightSite Ltd retains the right to make alterations to clients’ websites at any time and without notice. Any changes will be upgrades and in clients’ interest.

6. OvernightSite Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out by the client on the website, on behalf of the client or any of the clients appointed agents.

7. OvernightSite Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

8. OvernightSite Ltd cannot take responsibility for any losses incurred by the use of any work created for the client. Whilst every care has been taken to ensure websites are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all content is functioning correctly before it goes live. This includes work conducted by a member of the OvernightSite Ltd Team during a face-to-face tutorial or tweaking session.

9. The client is expected to test fully the whole website developed by OvernightSite Ltd. Where “bugs”, errors or other issues are found after the site is live, OvernightSite Ltd is not obliged to correct these issues.

10. OvernightSite Ltd can offer no guarantees of correct function with all browser software. OvernightSite Ltd can offer no guarantees as to the availability or interruption of Website Hosting by the web host. OvernightSite Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of the web hosting, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

11. Due to the nature of its service offering, OvernightSite Ltd will often develop websites for more than one client operating in the same industry. When working with OvernightSite Ltd, the client accepts that under no circumstances are OvernightSite Ltd restricted from creating a website for a direct competitor, who, including but not limited to, offers the same service, offers a similar service, operates in the same geographical area or sells the same or a similar product. In such circumstances, OvernightSite Ltd will not be restricted from using, including but not limited to, website features and website functionality.

12. Due to the large number of website projects processed by OvernightSite Ltd, when entering into an agreement with a client, it is not the responsibility of OvernightSite Ltd to mention any such similar clients or potential ‘conflicts of interest’.

13. OvernightSite Ltd reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.

14. OvernightSite Ltd cannot accept liability or responsibility for initial ranking, any change in rankings, or drop off in the position of The Client’s website on search engines (including but not limited to Google, Yahoo, Bing, ASK, AOL Search, and others).

15. OvernightSite Ltd cannot accept liability for initial ranking, any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines (including but not limited to Google, Yahoo, Bing, ASK, AOL Search, and others) or the factors that they use to rank websites.

16. OvernightSite Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the client failing to renew the website hosting. The client’s annual renewal is due once a year on the same date that OvernightSite Ltd received the initial payment. OvernightSite Ltd will not publicly release any website until it has been verified by the relevant customer.

17. Throughout the website development stage and up until the point where the website goes live at the domain name requested by the client, the website will remain on an OvernightSite Ltd owned and allotted domain name.

Logo Design and Branding

1. Whilst every endeavour will be made to ensure that the Branding, Name and/or Logo is free of errors, OvernightSite Ltd cannot accept responsibility for any losses incurred due to any defect.

2. All imagery or design-work with the OvernightSite watermark remain the copyright of OvernightSite Ltd and may only be commercially reproduced or resold with the permission of OvernightSite Ltd. Upon the final agreement between OvernightSite Ltd and the client, the OvernightSite watermark is removed and the imagery or design-work becomes the property of the client.

3. OvernightSite Ltd cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

4. OvernightSite Ltd will not take any responsibility for trademark or copyright issues, or any other issue, caused by a logo or name designed by OvernightSite Ltd.

5. OvernightSite Ltd cannot guarantee that any branding, naming and logo that is designed does not breach any copyright or intellectual property law. It is the full responsibility of The Client to check that any name and/or logo designed by OvernightSite Ltd is available to use under intellectual property law.

6. OvernightSite Ltd cannot take responsibility for any losses incurred by the use of any work created for the client. Whilst every care has been taken to ensure branding, logos and names are defect free, the ultimate responsibility lies with the client in ensuring that no defects are present. This includes work conducted by a member of the OvernightSite Ltd Team at any point during the design process.

7. OvernightSite Ltd retains the right to use your logo/name/brand as an example of our work in, including but not limited to, our portfolio displayed on our website(s), promotional and other materials. We retain the right to display your logo/name/brand in our portfolio in any form that we have deemed appropriate.

8. When carrying out Graphic Design Work for clients (i.e. for printed products such as business cards and leaflets), OvernightSite Ltd will not be liable for any costs incurred, compensation or loss of earnings caused by incorrect printing of these materials. This includes differences in the resolution, colour reproduction, size and layout, between the final proof and the printed products.

9. Once the client has agreed the final proof, OvernightSite Ltd will not be liable for any costs incurred, compensation or loss of earnings caused by mistakes or errors that are spotted on the printed products. Whilst every care has been taken to ensure the final proof is mistake free and accurate, the ultimate responsibility lies with the client in ensuring that all content is correct before the printing process.

10. Where OvernightSite Ltd have been instructed by the client to print the products containing the Graphic Design Work on the client’s behalf, OvernightSite Ltd shall not be required to guarantee an exact match in colour, resolution, size and layout, between the final proof and the printed product. Where OvernightSite Ltd have used the third-party printer Instantprint (operated by Bluetree Design & Print Ltd) to print the products containing the Graphic design Work, the client agrees to be bound to the terms and conditions available at www.instantprint.co.uk.

11. If the printed products require a second round of printing due to differences spotted between the final proof and the initial printed products, the client will be responsible for covering all costs involved.

Domain Name and Email Addresses

1. If the client has purchased a domain name through a domain registrar and is therefore the domain name owner, it is their full responsibility to ensure that the domain name renewal fees are paid to their domain registrar on time. If the domain name is owned by the client, OvernightSite Ltd will not pay the domain name renewal fee when the OvernightSite Ltd annual website renewal fee is due.

2. If OvernightSite Ltd has set up a mailbox/email address for the client, OvernightSite Ltd cannot accept liability for loss of turnover, sales, revenue, profits or indirect, consequential or special loss caused by the unavailability, malfunction or interruption of the third party email hosting solution or the recommended mail client Mozilla Thunderbird. OvernightSite Ltd cannot accept liability for losses occurred due to incorrect set up of the clients mailbox/email address by a member of the OvernightSite team.

Your Privacy

We are committed to protecting your personal information and to being transparent about what information we hold. OvernightSite Ltd understand its obligations to you to help understand how and why we process your personal data. This notice tells you about these uses.

Our data protection policy and procedures are governed by the Data Protection Act 1998 and, from 25th May 2018, the EU General Data Protection Regulation (GDPR).

Why we hold your personal data
We are required to hold your personal data in order to supply you with the services that you have signed up for under this agreement.

The lawful basis for processing your personal data is therefore to fulfil a contract with an individual or company.

There is a contractual requirement for you to provide much of the information, without which, we will be unable to fulfil our obligations under the services we offer.

Personal data held by OvernightSite Ltd
The information we hold about you is primarily information you provided when first contacting OvernightSite or throughout the time that we spent working with you on the Project. The data we may hold can be, including but not limited, any of the following:

– Your name.
– Your contact details.
– Company details (i.e. website url, company address etc.)
– Login details to third-party accounts.

How your personal data is used by OvernightSite Ltd
We use the data you provided in order to supply you with the services that you have signed up for under this agreement (i.e. logo design, website design etc.).

Communications to you may be sent by email, telephone or post.

If you have concerns or queries about how we communicate with you, please contact us at the address given below. We always respect a request by you to stop processing your personal data.

Sharing your data with others
Within OvernightSite Ltd, your personal data, including sensitive personal data, may be shared between members of staff, who legitimately need the information to carry out their normal duties to provide the services to you. We do not share or sell any of your details with third party companies without your express permission and we will only email you or contact you about work related matters.

Your rights
You have the following rights:

Access
Please contact us if you would like confirmation that you data is being processes and access to your personal data.

Rectification
Please inform us of any data which you would like rectified.

Erasure
You may exercise your right to have your personal data erased in a number of circumstances (e.g. if the data is no longer necessary in relation to the purpose for which it was created or you withdraw your consent). Where possible we will comply with all such requests, though some details will need to be kept for legal reasons, which cannot reasonably be deleted.

Further information
The controller for your personal data is the Company Director of OvernightSite Ltd who can be contacted via robbie@overnightsite.co.uk.

They are responsible for monitoring compliance with relevant legislation in relation to the protection of personal data. Please contact us at robbie@overnightsite.co.uk if you have any concerns or questions about the above information or if you wish to ask us to process your personal data for particular purposes or to erase your data. Where you have specific requests relating to how we manage your data, we will endeavour to resolve these, but please note that there may be circumstance where we cannot comply with specific requests.