Terms and Conditions
1. General Website Use
No part of this web site including its code may be copied, published, broadcast, or re-written in any form without the expressed written permission of Top Rank, all logos and images use in this site are licensed to Top Rank and may not be use, copied or altered
2. Web Design Clients
2.1 Website packages and bespoke quotations that offer free domain registration and free hosting only carry this free services as part of our design and development service, clients already in possession of a domain name and/or using a third party hosting company will not receive any discounts for not using this free service
2.2 Clients using their own or a third party hosting company must satisfy themselves that the features provided will be adequate to run their website when completed, Top Rank cannot be held responsible for a third party host that does not meet modern website requirements, all fees for design work undertaken by Top Rank will still need to be paid upon completion of the work even if the hosts servers are not able to fully run the website.
2.3 Top Rank cannot be held responsible for loss of business and/or data due to a site being taken offline for non payment of design or hosting fees.
2.4 The client is fully responsible for the setup and/or application of any online payment gateways and/or internet merchant accounts that are needed to process payments from our online stores, we will advise clients of the most common and most cost effective options at the commencement of any eccommerce equipped site development and in most cases ( especially if a popular option is used ) can implement the chosen system into the site even before third party applications have been processed. Top Rank cannot be held responsible for unsuccessful or delayed payment system applications
2.5 Website design fees must be paid in full before any website goes live under its own domain or within 30 days of the final invoice being issued whichever comes first; fees remain payable in full even under circumstances where the site has failed to go live after 30 days due to delays by the client or by third parties associated with or working on behalf of the client or their business which can include but is not limited to failure to provide text or other website content, failure to provide images or artwork, payment gateway/internet merchant account application delays, third party hosting company delays or any other delay that it out of the control of Top Rank.
2.6 Website design fees are for the design service and the writing of your sites code and remain due even if a site does not go live due to your final invoice not being paid or where your site has been live and has had its services suspended for non payment of design or hosting invoices, invoices that are over 60 days pass due will be passed onto to a collection agency where additional costs will be incurred.
2.7 Top Rank reserve the right to hold onto domain names and even re-direct them to other url's and/or advertising space when hosting and/or domain renewal fees go unpaid.
2.8 If a client has provided their own imagery and content during the design of their website then the client must satisfy themselves that they are legally able to use said images and content, this includes eCommerce websites where the client is selling products on behalf of a third party as even in this situation permission is sometimes needed. Top Rank are not responsible for Intellectual Property Infringements and will pass on any such infringement notices to the owner of the website.
2.9 Where a client has decided to use their own hosting or a third party hosting company, Key Designs are not responsible for any future website errors and/or faults that may arise after server updates and/or server faults.
Should you decide to choose your own or a third party server then Top Rank will configure your website to run on your server's current configuration and will deliver a fully working and tested website. Should your hosting company change it's server configuration or lose/damage your files due to server faults or misconfiguration then Top Rank cannot be held liable and redelivery of your files and/or repairs will be chargeable at our hourly rate.
3. Website Links
3.1 Any links to third party websites found on Top Rank are provided solely for the visitor’s convenience. Top Rank does not control and is not responsible for external content of such third party websites. Top Rank therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.
3.2 If you would like to link your site to Top Rank, you may only do so on the basis that you link to, but do not copy, replicate, or rewrite any code found on this site, and that you warrant that you:
3.2.1 will not remove, alter, distort, amend or otherwise changer the size or appearance of the Top Rank logo;
3.2.2 will not create a frame, iframe or any other browser or border environment around this Website that may imply that our pages are actually part of your own site;
3.2.3 will not in any way imply that Top Rank is endorsing any third party products or services other than its own;
3.2.4 will not misrepresent your relationship with Top Rank nor make any false statements about Top Rank
4.1 All hosting is payable 12 months in advance and includes telephone, email and ticketed support, we do however operate a fair use policy and telephone support can be suspended at any time if a client continually contacts support for non hosting related issues including but not restricted to : third party code problems, desktop email client problems, personal hardware problems.
4.2 Hosting is renewable each year and as each hosting renewal runs for twelve months and this is also the minimum term contract we cannot offer refunds for hosting that is cancelled before the end/renewal of the contract
4.3 Top Rank is entitled to suspend hosting and/or email services if the client fails to pay invoices by their due date we also reserve the right to delete all files and databases from our servers if an invoice is more than 60 days overdue
4.4 We may temporarily suspend for the purpose of repair, maintenance or improvement, part or all of our hosting and email Services, generally without notice, scheduled downtime is usually limited to the early hours
4.5 You may not display anything pornographic or illegal on a website hosted with Top Rank. If illegal content is found on your website we have the right to terminate the hosting with immediate effect.
4.6 Top Rank are not liable or responsible for the contents of the website we host on our servers.
4.7 When hosting is suspended due to non payment of hosting fees there is £50 reconnection fee payable before reconnection to cover the extra admin time needed for us to bring the site back online and reset DNS records. This fee is on top of your annual hosting fee.
4.8 Clients moving to a new hosting company need to inform Top Rank of this move and the date of the move so we can suspend your services, otherwise your hosting premium is still payable even if your domain is not pointing to our servers.
4.9 All clients have full access to their hosting and domain name and it is the client's responsibility to back up files and amend DNS records, nameservers and/or IPS TAGS when moving hosting companies. Top Rank will not freely help third party hosting companies who do not have the required skill to make the necessary changes. Our admin rate is currently £40 per hour and site/database backups are charged at £200 per site which includes zip/rar and hard copy backups to disc.
5. Domain Names
5.1 Because of past issues with some clients, we no longer have domain names set to auto renew on our system. Invoices must be settled in full before we'll renew any domain(s). Top Rank cannot be held accountable for loss of business, and/or additional charges incurred should a client failed to settle an invoice in time. Initial renewal invoices are sent out a 30 days prior to the domain expiry date, then again at 14 days and 7 days.
5.2 Domain names must be renewed at least 2 working days prior to the expiry date to prevent the domain name going into its redemption period and incurring additional charges, redemption release fee is currently £80.00 +VAT, this fee is set by the registry, not Top Rank.
6. General Payment Terms
6.1 For new web design projects 50% of the agreed price is required upfront before work commences with the final balance due on completion. payments are required in full before any website goes live
6.2 Deposits are non-refundable, so should a client decide to cancel a project before completion he/she will not be offered a refund. Should the cancellation come late in the development the client will also be liable for all coding work up to the date of cancellation .
6.3 General invoices are net 30 days and are expected to be paid in full within this period, Where an invoice is passed 30 day overdue Top Rank reserve the right to suspend a clients website(s) and/or domain name(s) until the invoice is paid, even if the invoice does not actually relate to the initial web site design. invoices that are over 60 days pass due will be passed onto to a collection agency where additional costs will be incurred
6.4 Top Rank are well within their rights to redirect unpaid domain names to advertising space in an attempt to recoup losses, If this route is taken additional charges will be incurred should the client then wish to reclaim the domain. fees will include the original domain name fee and a DNS Management and administration fee of £25.00 per domain. The redirection of unpaid domin names to other sites/advertising space etc does not release the client from the initial contract and the original invoice will still be passed onto a collection agency where additional costs will be incurred
6.5 Top Rank cannot be held responsible for loss of business and/or data due to a site being taken offline or domain names being suspended and/or redirected for non payment invoices.
7. Refund / Cancellation Policy
7.1 If you cancel a contracted web design or coding project at any point after the work commences, you will be liable for all work charges incurred upto the cancellation point.
7.2 A web hosting contract may be cancelled up 7 days after the account has been set up and a full refund will given minus an £10 administration fee. After 7 days, neither a full or partial refund based on the remaining months of a year's hosting fee can be given and the hosting must run for the full 12 months term whether used or not.
7.3 All domain name sales are final, no refund can be offered on unwanted or incorrectly spelled domain names where the error is not the fault of Top Rank.
7.4 Organic SEO, PPC, Social Media Management and Website maintenance services are PAYG services and run month by month, however we do require 28 days notice to give our administrators time to cancel any automated and third party services linked to your account.
8 Intellectual Property Infringements on Hosted Sites
8.1 We will pass on any Intellectual Property notices onto the website owner without delay. It is up to the website owner to deal with any third party Infringement notices and not Top Rank.
8.2 Top Rank may however act on Intellectual Property notices if the domain owner fails to respond to the request and the complaint is accompanied by legal documents and/or evidence.
8.3 Repeated infringements may result in your hosting account being suspended without a refund
8.4 Should a third party contact Top Rank direct with Intellectual Property Infringement notices and/or take down requests pertaining to website we host and have evidence of the infringement and evidence that they have attempted to contact the website owner without a response then Top Rank may remove the infringing content and charge a minimum £150 admin fee per take down request should we be forced to act.
8.5 Top Rank will only remove copyrighted materials from a hosted web site after we have been provided with supporting documents and legal notices. Intellectual Property Infringements are better dealt with through mediation with the copyright owner and owner of the website.
8.6. Third parties claiming copyright infringement on any site hosted by Top Rank should contact the website owner direct using contact details displayed on the website or public WHOIS records. Top Rank are not responsible for the content of the web sites we host, and due to data protection laws we cannot release client information without legal documentation requiring us to do so.
9. Feedback/ Reviews
9.1 After completion of a project we many ask you to review Top Rank on Google, this is optional.
9.2 As local business we thrive on local feedback and reviews and are very proud of our maximum 5 star rating on Google and the high organic ranking this helps us to achieve. We have never had a bad review or a dissatisfied client in over 17 years of business, however, some seemingly happy clients believe that giving us 4 out of 5 stars is still a good review even though they have never voiced any dissatisfaction with our service stating that they are very happy but never give anyone 5 stars. Having less than a 5 star rating effects our standing with Google and can turn some clients away from us. If you have a genuine reason for dropping us a star we will of course fix the issue and ask you to amend your review. If you do not have a valid reason for giving us less than 5 stars then again we'll ask you to amend your review.
9.3 If we fix your issue or you have no issue to fix and still refuse to amend your feedback we have the right to take legal action using past emails between us as evidence of your satisfaction with our service.
9.4 If we need to take legal action against an unwarranted review rating we have the right to suspend the client's website until the matter has been resolved in court.
9.5 Unwarranted review ratings can be damaging. Please think hard as to whether your rating actually reflects the service you have received.
10. Third Party SEO Companies
10.1 Top Rank provide professional and affordable organic SEO services, PPC management and Social Media Marketing services. Web design clients are not required to use our services and are welcome to outsource these services to a third party company, however, Top Rank will not assist third party marketing companies with any marketing related tasks including adding tracking code to websites, updating content and making tweaks to the code... A professional marketing company should have the skill to perform these tasks, if not then you have probably been unfortunate enough to have chosen a sales driven marketing company which are simply salesmen with no marketing skill or experience.
10.2 Should a third party marketing company damage your website in any way then Top Rank charge an admin fee of £40 per hour to fix and repair websites and restore them to full working order
11. Professional Consultation Fees
We have been in the web design, development and the online marketing industry for many years and offer professional consultation services where we can discuss and give advice on your online business including the design of your web site, your organic or paid marketing strategies and your social media marketing options.
Our professional consultation fees are as follows; £60 for the first hour and then £40 per hour thereafter.. Consultations lasting less than 1 hour are still billed at £60.
We offer face to face consultations, skype consultations and telephone consultations All consultations are confidential and we are happy to sign non-disclosure agreements.
12. Variations / Revisons
13. Delivery Policy
All invoices must be settled in full before any work is electronically delivered, this includes websites and bespoke coding work.