General

AboutPeople endeavours itself to operate a fair business policy.

You will find below our terms of services and we invite you to read them carefully before ordering services with us. If you need any clarification on a specific subject matter, please get in touch with us so we can provide the relevant support to your query.

We aim to resolve all matters amicably in order to keep a positive and constructive relationship with the client, so if you require any help at any stage please contact us as as soon as possible.

1) Website Design/Building

Specific Web Design/Buildings terms are tailored bespoke to each individual client, and will be included on each web design proposals.
Before we start working on the building/development of your website you will need to ensure that the following things are in place and have reached us:

Your domain name;
Your chosen template;
Details of your required email accounts;
Your logo in an editable format such as an Adobe Photoshop PSD or ESP, AI file;
The content and images that you would like to incorporate into the Website. Please refer to the Intellectual property Rights for “Unacceptable Content”;
Payment of 50% of the total cost of the website building, the percentage is negotiable for certain requests and after explicit agreement with AboutPeople.

1-a. Website Design and Building/Development process

AboutPeople will design the layout for the home page, additional page, contact form and blog page on a demo site and once you have approved that layout we will implement this across the rest of your website through a child theme (which allows the developer to modify the theme without compromising the original template). AboutPeople requires you to provide appropriate content and/or images for each page, starting with the home page. Prior to the website going live, you must supply all content and images.
AboutPeople will send initial designs to you usually within 7 working days starting from the date of the proposal agreement, depending on the package, and AboutPeople will aim to turn around revisions within 2-3 working days. In these Terms and Conditions, “working days” means Monday to Friday, excluding English bank holidays.
Occasionally there may be small delays in the turnaround which result from matters which are outside of AboutPeople’s reasonable control, and AboutPeople will not be held liable for any such delays.
Although we will always endeavour to meet your time frames, we cannot be held responsible for a missed launch date or deadline under certain circumstance such as delays in supplying materials or lack of approval/signed-off work in a timely fashion.

1-b. Working Hours for AboutPeople

AboutPeople will try its best to meet the following response times within normal working hours (i.e. 9am to 6pm on working days):
If you have a hosting or maintenance problem outside normal working hours we will endeavour to respond as quickly as possible.

1-c. Launch & Sign-off

We require an email confirmation to sign off and approve the first stage home page, additional page, contact form and blog page design before we will continue with the website build (such approval not to be unreasonably withheld or delayed). We also require an email confirmation to sign-off on the final site before we make it go live. Following final sign-off any further changes will be chargeable at our standard hourly rate of £50 per hour.

1-d. Website Updates

Any changes requested by you following launch of the Website will be charged at our standard hourly rate of £50 per hour.

1-e. Intellectual Property Rights

You will need to make sure your domain name, trade marks, content and images as well as any other materials you supply to us or require us to incorporate into the site do not infringe the rights (including intellectual property rights) of anyone else and do not constitute Unacceptable Content. For these purposes, Unacceptable Content will include any content or materials which are either obscene, defamatory or otherwise unlawful. You agree to hold us harmless against any losses, damages or liabilities we incur if you fail to get the necessary clearances, permissions, licences and consents or if you include any Unacceptable Content within any materials that you provide to us. If you are not sure whether your materials are cleared for use on the Website, or if any materials are likely to amount to Unacceptable Content, you should consider carefully whether or not you want to incorporate them into the Website and take legal advice as you see fit.

1-f. Open Source Software

We develop our websites on WordPress or Joomla which is Open Source Software. You will not be charged for using Open Source Software. You are paying for the time it takes to design and build your website on the Open Source platform. WordPress or Joomla is not owned by AboutPeople or their customers.
Our tutorials will be mainly about WordPress’s content, plugins, admin etc, an exception will be made for Joomla for either people running an E-commerce business with the view of updating their product data base or upon special request.

1-g. Search Engine Optimisation (SEO)

AboutPeople provides SEO for its customers however AboutPeople does not guarantee any specific placement in the Search Engine Results Pages (SERPs). We do not take any responsibility for the Website’s rank on search engines. When updating, changing or creating a website there could be a change in the Website’s search engine ranking.

1-h. Additional Charges

We reserve the right to charge extra for the following additional services that are not included in the standard website packages:

Logo design
Stock imagery that has been purchased by AboutPeople on behalf of the customer
Different page layouts requested by the customer once the initial design has been approved
Fundamental changes to the design requested by the customer once the initial design has been approved
Functionality beyond html/css/php

1-i. Website Disputes

AboutPeople reserves the right to suspend a website if there is a dispute over the design, layout, code, copyright or payment.
AboutPeople is not liable for any software installed on your PC that is not legal or licenced, it is the users responsibility to make sure that all software is legal and paid for where licenses are due, any violation against software is at the users risk and not placed upon AboutPeople.

1-j. Cookie Control

Cookie control installation is provided without warranty or guarantee of any kind. We have tested the installation in multiple browsers but it is still possible that in some configurations it may not function correctly. We will rectify any issues we find within reason but AboutPeople is not under any legal or moral obligation to do so.
This service provides you with tools that assist you in complying with the new Privacy and Electronic Communications Regulations, based on our understanding of the UK Government’s implementation of said regulations. You should seek the advice of a lawyer if you want to guarantee the suitability of our services for your website.
Cookie Control, is provided “as is”, with no warranties expressed or implied. AboutPeople expressly disclaims, to the fullest extent permitted by law, all express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights.

1-k. Joomla/Wordpress Websites – License

AboutPeople may use some applications, modules, widgets and plugins that are licenced to AboutPeople. If you choose to move your website away from AboutPeople a charge will be made to purchase new licenses for these applications, modules, widgets and plugins.

1-l. Websites – Client’s Access Area

Clients have ‘Manager’ access rights to the administration area of the website only; this gives the client control over the content of the website in terms of articles, blogs, image galleries. If the website contains special applications or newsletter integration then the client will also have access to these sections. However, if the client decides to get ‘Administrator’ access to be able to alter/modify the design, layout or style of the website, the ‘Admin’ access to the website’s administration area, the layout of the website’s administration area, the global configuration section of the administration area, and/or if the client installs new applications, modules or plugins to the administration area, the client will have been made aware that it will be at the client’s own risks. Any feasible recovery services will constitute an additional service and therefore will be subjected to a fee based on a £50 hourly rate.

1-m. Payment

All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates agreed between AboutPeople and the Client, and in the manner for the time being prescribed by law and shall be due as indicated on the invoice.
The provision by us of the Services is contingent upon our having received payment from you in respect of the relevant Services: AboutPeople requires 50% of the total cost of the website design/building as a deposit to start work on your website, the remaining 50% is payable on the day the website goes live.
AboutPeople reserves the right to remove any website design work carried out that has not been paid for, this includes any updated pages or alterations that have been requested. AboutPeople is not liable to restore the client’s website to a previous state, a charge will be made for the time it takes to restore the Clients website on an hourly or there part of basis.

1-n. Website Hacking

Whilst every precaution is taken to protect your website, new malware and viruses are being created every day which could cause issues with your website, AboutPeople is not responsible for correcting websites that have been hacked, and are not liable for any information that may be lost. AboutPeople will help restore your website to a previously backed up state, a charge may be applicable for this service.

1-o. Website Images

Where images used on the website have been purchased by AboutPeople on behalf of the client, these images are strictly for use on the website only. AboutPeople will not be liable for misuse of these images by the client or any other person’s copying, altering or distributing the images to individuals or other organisations.

1-p. Website Copy

AboutPeople is not required to send a complete copy of your website as part of the website design/hosting package. If you require a complete copy of your website in the form of a complete folder so that you may move your website to a new hosting server a charge will be made for the time it takes to deal with this request on a per hour or there part of basis. AboutPeople reserves the right to refuse the release of a website if it has not been paid for in full.

1-q. Termination

We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.
We may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, or if you are a company and going to insolvent liquidation, or if you are a person you are declared bankrupt.
On termination of the agreement we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of seven (7) days and allow you to collect it at your expense, failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.

1-r. Limitation of Liability

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

2) Website Hosting

AboutPeople agrees to provide the client with web hosting services for an annual fee. AboutPeople will never require clients to advertise for AboutPeople on their website in any way shape or form unless agreed upon, such as a non-profit organisation receiving complimentary hosting. Clients are allowed to use AboutPeople services for personal and/or business/commercial websites or content.

2-a. Content

All services provided by AboutPeople may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes: copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless AboutPeople from any claims resulting from the use of the service which damages the subscriber or any other party.

2-b. Adult Content

AboutPeople does not allow adult “xxx” related websites, pornography and sex-related content on its servers. Nor do we allow adult subscription or membership based “pay sites”. This includes sexual content, or links to adult content hosted elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. AboutPeople will be the sole arbiter as to what constitutes a violation of this provision.
Educational adult websites and adult e-commerce stores are allowed but due to such a fine line we recommend checking with AboutPeople support before hosting such websites. AboutPeople will be the sole arbiter as to what constitutes a violation of this provision.

Some Examples of Unacceptable Content:

Adult / Pornographic
Hacking programs / Hacking Archives / Hacking Information
Warez Sites
Spam / Spamming Software
Violence/ Racism (verbal and/or physical) and/or the promotion of it

2-c. Distribution or Transmission of Obscene or Indecent Speech or Materials

Violation of indecency and obscenity laws can result in criminal penalties.

2-d. Intellectual Property Rights

Material accessible to you through AboutPeople’s services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the AboutPeople in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through AboutPeople. If you use a domain name in connection with the AboutPeople services or similar services, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

2.e. SPAM and Unsolicited Email

AboutPeople takes a zero tolerance approach to the sending of Unsolicited Email (SPAM). Very simply this means that Clients of AboutPeople may not use or permit others to use our service for sending SPAM Emails. Clients of AboutPeople may not host, or permit hosting of, sites or information that is advertised by SPAM from other services. Violations of this policy carry severe penalties, including termination of service.
If a customer is found to be in violation of our SPAM policy, AboutPeople may, at its sole discretion, restrict, suspend or terminate a customer’s account. In addition, AboutPeople may impose a £50 penalty for each spam policy violation. AboutPeople solely reserves the right to refuse or cancel service to known spammers. Lastly, AboutPeople reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

2-f. “Catch All” Email Accounts

AboutPeople does not allow the use of “catch all” email accounts. This is the practice of [email protected] directing all mail to a single mailbox. This practice is out-of-date and causes extreme surges of spam, both for you and for our spam filtering servers. To use an email address you must login to your control panel and create the required mailbox, catch-all mailboxes are banned and if found will be removed without notice or your account disabled.

2-g. SpamExperts Spam Filtering Limits

Some domain names may receive such a high volume of spam email that it will not be possible for us to provide SpamExperts filtering service to them, due to the extreme usage. While SpamExperts is a dedicated system for handling huge volumes of spam it does have limits. Should the amount of spam or number of mailboxes in use on a domain break what AboutPeople believes to be realistic limit thresholds for your hosting package then we will inform you that SpamExperts services will not be continued for your domain or an upgrade of package may be suggested.

2-h. Scripting, Applications and Background-running Programme

We do not allow background-running programs. This includes any IRC related software. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers.
You are free to use any scripts (such as php, cgi or perl) you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below.
Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, galleries, and banner exchanges. In the event a script affects normal server and/or administrative operations, AboutPeople reserves the right to disable the account pending client cooperation and resolution.
Scripts we do not allow include:

Chat servers/scripts of any kind are strictly prohibited.
Formmail scripts using the filename “formmail” are prohibited.

Formmail and contact forms are acceptable providing the script is not named “formmail” for its file name and providing that you maintain the latest version of the script and it remains secure and un-abused by spammers.
We do allow you to have ONE remote MySQL user if requested. The user must have a permanent IP address for us to grant access to.

2-i. Network Security

Customers may not use AboutPeople to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. AboutPeople will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

2-j. Physical Security:

For security reasons AboutPeople operates ‘closed’ data centre facilities. Physical access to any servers or related equipment at any AboutPeople locations is not permitted.

2-k. Support Boundaries

AboutPeople provides normal working hours’ technical support to its Clients.
AboutPeople limits technical support to its area of expertise; this is providing web hosting services and related features. AboutPeople does not offer support for application specific issues such as php programming, cgi programming, html, website design and development or any other such issue. AboutPeople does not provide technical support for YOUR Clients.

Any additional work you may require from AboutPeople staff which does not fall within usual support boundaries is charged at a rate of £50 GBP per hour, in 30 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development.

2-l. Cancellations

Cancellation must be received 7 days or more before your next invoice due date. AboutPeople will then stop all recurring payments and you will NOT be billed again. If an invoice is overdue on your account then this must be settled prior to submitting your cancellation request.

Changing a domain’s DNS to another provider or transferring a domain away from AboutPeople does not constitute a cancellation request. A cancellation request must be submitted and we will then confirm the cancellation date back to you.

2-m. Payment

Establishment of this service is dependent upon receipt by AboutPeople of payment of all stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup.

Service may be interrupted on accounts that fall overdue. AboutPeople may, at its sole discretion, charge a fee of £15 GBP to reinstate a suspended account.

When payment is declined from your chosen payment method we will notify you via email. After another 7 days if we have not received payment or had notice from you that the due payment is in hand, your account will be suspended or terminated at the sole discretion of AboutPeople.

It is very important you keep your email address on file with us current by notifying us of email address changes via [email protected]. Failure to keep us updated with your current email address may mean important communications don’t reach you, resulting in suspension or termination of your hosting account.

A service charge, equal to the charge incurred by AboutPeople, will be charged to your for each cheque or other form of payment that is returned to AboutPeople unpaid.

2-n. Refunds and Disputes

As you are paying annually for hosting services if you cancel before your 12 months of service is over, we will issue a pro-rata refund for full unused months at time of cancellation.
AboutPeople does not offer any kind of “money back guarantee” or “trial period”.

2-o. VAT and Payment Currency

UK and EU clients will be billed in GBP (Pounds Sterling) and prices include VAT.
If you are a VAT registered business in another EU member state then you must supply your VAT registration number for VAT to be zero-rated. If your VAT registration number is not supplied or cannot be confirmed as valid then VAT at the UK rate will apply.

2-p. Product Pricing

AboutPeople reserves the right to change the pricing of products and/or services at any time.

2-q. Invoicing

AboutPeople does not provide paper or hard-copy invoices. Invoices are sent via email.

2-r. Domain Name Expiry

AboutPeople is not liable for expiry or loss of your domain name.
Before a domain expires you will be reminded to renew your domain by the domain name provider. We strongly recommend keeping an eye on your renewal dates in your client area and your diary too. On the date a domain expires it will be deactivated by the registry, and no longer display your website.

2-s. Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a AboutPeople server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

2-t. Refusal of Service

AboutPeople reserves the right at its sole discretion to refuse or cancel service. Violation of any of AboutPeople’s TOS could result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded.

2-u. Information Disclosure Policy

AboutPeople will not otherwise disclose its customers’ personal and account information unless AboutPeople has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of AboutPeople, AboutPeople’s customers, or others, or where AboutPeople has a good faith belief that the law requires such disclosure.

AboutPeople also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail, electronic communications, or other electronic data that AboutPeople stores or transmits for its customers. The circumstances under which AboutPeople will disclose such electronic customer communications or data are when:

it is necessary in order to provide service to the customer
it is necessary to protect the legitimate interests of AboutPeople and its customers
it is required to cooperate with dispute policies, court orders, warrants, or other legal processes that AboutPeople determines in its sole discretion to be valid and enforceable
it is necessary to provide to a law enforcement agency when the contents appear to pertain to the commission of a crime

2-v. Privacy Policy

It is the policy of AboutPeople to not disclose any personal information or account data to third parties without prior consent of the individual unless instructed to do so by a court of law or other legal warrant/document.

AboutPeople will in the normal course of its business collect personal information from clients and prospective clients, for the purposes of billing, customer service, provision of information, as well as other legitimate business reasons. This information may be stored in a number of ways including electronic and paper formats.
Any person may request a copy of personal information pertaining to themselves, which shall be provided free of charge after reasonable proof of identity. Any personal information held on our systems will be deleted on request and after reasonable proof of identity
We may also store information about you using cookies which we can later access when you visit our websites at a later date. If you want to delete any cookies that are already on your computer, please refer to your system administrator who will be able to help you locate and remove these cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer’s instructions by clicking “Help” in your browser menu. Please note that taking either of these measures may prevent you accessing features offered from our sites.

As with most websites, when you visit one of our sites, we will log your IP address and time of access which may be used later for research or fault investigation processes.

2-w. Indemnification

Customer agrees that it shall defend, indemnify, save and hold AboutPeople (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against AboutPeople, 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 customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless AboutPeople against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with AboutPeople; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of AboutPeople to the amount paid for service.

2-x. Disclaimer

AboutPeople will not be responsible for any damages your business may suffer. AboutPeople makes no warranties of any kind, expressed or implied for services we provide. AboutPeople 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 AboutPeople.

AboutPeople makes no “uptime” guarantees. The Client agrees that AboutPeople shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that AboutPeople’s liability for its own negligence is zero, and AboutPeople may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall AboutPeople be liable for any special or consequential damages, loss of revenue or injury.

AboutPeople can accept no responsibility for any loss of data or consequences arising from this. AboutPeople always advises clients to back up their site data regularly for their own protection. AboutPeople does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan.

All communications (emails, verbal or written) are between AboutPeople and the client. These communications are private and are therefore not to be shared with any other parties.

This agreement is made between the customer (as specified in the customer details section when placing your order) and AboutPeople. If you are purchasing hosting on behalf of another party please ensure you specify the account’s owner(s) details in the customer details section. AboutPeople will only be able to communicate with regards to the account with the registered customer and not a third-party.

Finally, AboutPeople wishes to emphasize that in accepting services, customers indemnify AboutPeople for the violation of any law or AboutPeople’s policy that results in loss to AboutPeople or the bringing of any claim against AboutPeople. This means that if AboutPeople is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against AboutPeople, plus costs and reasonable legal fees.

Failure to comply with any of our terms of service will result in grounds for immediate account deactivation or removal.