Instabook Design Services

Revised 14/3/2017 (Click here for previous versions)

Conditions of Service

Orders and instructions in connection with the design and/or publication of pages on the Internet are accepted subject to the following conditions:

1.Definitions
In these conditions:
1.1“the Webmaster”, ‘K J Petrie’ shall mean Kenneth John Petrie of 37 St Aubins Avenue Broomhill BRISTOL BS4 4NU, trading as K J Petrie.
1.2“the Client” shall mean the person who places an order with the Webmaster for the design and/or display of pages on the Internet.
1.3“Publication” shall mean the display of pages on the Internet and all other work undertaken by the Webmaster to display the pages whether provided by the Webmaster or not.
1.4.1Words implying one gender may apply to another gender where the context requires
1.4.2Words implying singular may apply to plural numbers and words implying plural may apply to a single item where the context requires.
2.The Service
2.1In consideration of payment or future payment of all applicable fees and expenses the Webmaster will design and publish pages for display on the Internet on behalf of the Client as agreed between the Client and the Webmaster.
2.2The Webmaster reserves the right to display on each page a brief footer showing copyright information, the Webmaster’s logo or trade mark, and a means of contacting the Webmaster.
2.3All work shall be charged at the published rate unless other rates have been agreed in advance between the Client and the Webmaster.
3.Payment and Ownership of Pages
3.1The Client shall pay to the Webmaster promptly and within 30 days of invoice all fees for the work and any expenses incurred by the Webmaster for Publication or preparing Publication.
3.2The Client shall also pay to any third party on the third party’s terms any charges invoiced directly to the Client by the third party in connection with Publication or preparation for Publication. The Client agrees to indemnify the Webmaster fully against all charges owed to third parties as a result of instructions given to third parties on the Client’s behalf.
3.3.1All pages and work done in the composition, alteration or preparation for Publication of pages shall remain the property of the Webmaster until all fees and expenses relating to the pages have been settled in full.
3.3.2The Webmaster reserves the right to include in pages any code links or other devices he considers necessary in order to retain control of the pages until all fees and expenses have been paid.
3.3.3The Webmaster reserves the right to require payment in advance before commencing work or to decline any order for work at his sole discretion.
3.4Unless it has been agreed that the Webmaster retains copyright as part of the consideration for the pages or their Publication ownership of pages shall pass to the Client on settlement of applicable fees and expenses.
4Intellectual Property and Advertising Standards
4.1The Client warrants that he either owns or has full permission from the owner to use all intellectual property included in any content supplied for inclusion in pages.
4.2The Client warrants that he has permission to publish any personal data including but not limited to pictures of any living person in any content supplied for inclusion in pages.
4.3The Client warrants that all materials supplied to the Webmaster as content for inclusion on pages are legal decent honest and truthful and comply with the requirements of current legislation and with the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority and any other authority regulating standards on the Internet at the time of Publication.
4.4The Webmaster reserves the right to remove from pages any content which he has been informed or advised fails to comply with any of the requirements in 4.1 to 4.3 above or is defamatory obscene or otherwise unlawful. However, the Webmaster shall not be liable for any such content.
4.5The Client agrees to indemnify the Webmaster fully and unconditionally in respect of all costs damages or other charges falling upon the Webmaster as the result of legal action or threatened legal action arising from the Publication of any page published in accordance with the Client’s instructions. In any case where a claim is made against the Webmaster or the Webmaster is sued and the Client may ultimately be liable under the terms hereof notice in writing shall be given to the Client and consultation shall take place before any expense is incurred or the claim is settled or the case is defended or otherwise disposed of.
5Confidentiality
5.1The Webmaster shall treat all information supplied by the Client as confidential and shall not without the Client's permission disclose such information to any third party unless required to do so by law.
5.2The Webmaster shall take reasonable steps to protect such information from unauthorised access. However, the Webmaster makes no warranty concerning the effectiveness of such steps and shall not be liable where unauthorised access has been gained whether by criminal means or otherwise.
5.3Unless agreed otherwise where pages are made available to the Client before Publication it shall be deemed to be a reasonable step to protect the pages from public access with a simple password on an otherwise open server.
6Acceptable Use
6.1The Client shall not use any page for any illegal purpose or to compromise the Internet or any computer connected to it by any means whatsoever or in a manner likely to contravene the acceptable use policy of any provider or carrier of service transmitting data as a result. This includes but is not limited to sending unsolicited commercial e-mail and allowing any page or stored file to be advertised or accessed by such a message.
6.2The Webmaster reserves the right to suspend or remove any page part page or file which appears in his sole opinion to be used or likely to be used by anyone (whether the Client or not) for a purpose described in 6.1 above. In such a case the Webmaster shall make a reasonable effort to contact the Client and inform him of the position and to discuss where possible a method of restoring any lost service. The Webmaster shall not be liable for any loss to the Client resulting from such an intervention.
7Third Parties
7.1These conditions relate to transactions between the Client and the Webmaster. Unless required by statute no third party shall have any claim under them.
7.2The Webmaster shall not be liable to any third party for any page or its content. The Client agrees to indemnify the Webmaster fully and unconditionally in respect of all costs damages or other charges falling upon the Webmaster as the result of legal action or threatened legal action arising from the Publication of any page published in accordance with the Client’s instructions. In any case where a claim is made against the Webmaster or the Webmaster is sued and the Client may ultimately be liable under the terms hereof notice in writing shall be given to the Client and consultation shall take place before any expense is incurred or the claim is settled or the case is defended or otherwise disposed of.
8Errors and Omissions
8.1The Client shall check all pages for errors or omissions and inform the Webmaster of any corrections required. The Webmaster’s liability shall be limited to making such corrections as soon as practically possible after they are brought to his attention.
8.2The Webmaster shall not be liable for any error or omission which has not been brought to his attention.
8.3In any case where the Webmaster fails to correct an error which has been brought to his attention his liability shall not exceed the fee for producing the page concerned.
9Force Majeure
Neither the Client nor the Webmaster shall be liable for failure to comply with these conditions where that failure is caused by technical breakdown the action of third parties or any other circumstance beyond the Client or Webmaster’s control.
10Application and Proper Law
10.1These conditions apply to all orders and instructions received on or after the revision date shown above. For orders received before that date the conditions in force at the time apply.
10.2Delay in enforcing any condition does not indicate that the condition has been waived.
10.3If any condition is found to be unlawful illegal or otherwise unenforceable it shall be severed from these conditions and the other conditions shall remain in force as though the severed condition had never been made.
10.4The headings in these conditions are intended to assist in the location of clauses and are not to be read as part of the conditions themselves.
10.5An order or instruction accepted under these conditions shall form a contract subject to the laws of England and Wales.

Published in the UK by
© 2005
K.J. PetrieWebmaster