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The Great Elephant Terms and Conditions of Businss

Definition of our terminology as used within this document:

1. A 'Project' is any work undertaken or service provided by The Great Elephant for the Client on their request and as     described in our confirmation order email to that Client.
2. A 'Client' is a person, persons, business or organisation using any of the services provided by The Great Elephant
3. 'Live Mode' means the date the website is available on the Client’s chosen domain.
4. 'Domain' is the website address as specified by the Client.
5. 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
6. 'Hosting' is a yearly cost to keep a clients website activated online.
7. 'Content' is both text and images that the Client requires on the website.
8. 'mb' stands for megabytes and is a measure of storage space.

The Great Elephant Terms & Conditions

1. The contract between The Great Elephant and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2. The works to be carried out shall be as set out in the The Great Elephant confirmation order email.
3. Email will be the method of contact with regard to all communication for the website design & development. It is the Client's responsibility to inform us of any change in email address so we always have up to date email contact details. The Great Elephant can not be held liable in any way relating to communication issues if we are not supplied a valid email address. The Great Elephant will acknowledge all emails within 3 working days. Our telephone support line is for website support issues only.
3.a If a customer's conduct via telephone is considered unreasonable we will insist on email communication only. The Great Elephant reserve the right to cancel a contract should customer contact be in breach of our anti-harassment policy (*). Calls made to our office are monitored and recorded.
4. The Great Elephant will only commence work on a Project after receipt of a non refundable, 50% payment of the quoted Project fee from the Client. upon overall approval of the home page design The final 50% payment is to be made on completion of the website. The website will be switched to Live Mode once the Clients remaining balance is paid in full.
5. The payment to The Great Elephant covers the cost of design work carried out as well as any admin work and communication with The Great Elephant. The payment is non refundable.
6. The unlimited design revisions offered by The Great Elephant end when the client makes the second payment of the last 50% unless other things is agreed in the project mail which the client have received before starting of the web project. Design changes beyond this point are subject to additional charges.
7. The Great Elephant shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. It is not The Great Elephants responsibility to check such issues
8. It is important for the Client to keep in contact with The Great Elephant throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 5 attempts to contact the client by email using the email address specified when the client place their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the payment will not be refunded. We will levy a 55 euro admin charge if the client later returns and wishes to continue work on their project.
9. The Great Elephant don’t have any responsibility for any images or content used on the website, the client have to check copyrights issues her self. On behalf of the Client, these images are strictly for use on the website only. The Great Elephant are not 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.
10. The Great Elephant will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, The Great Elephant will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
11. All standard hosting offered by The Great Elephant is limited to 500mb of website space unless otherwise stated in a seperate contract. If your site requires more than 500mb of space we will advise of other hosting.
12. The Great Elephant cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by The Great Elephant.
13. Where asked to provide search engine optimisation for a Client, The Great Elephant do not guarantee any specific placement or high ranking on search engines.
14. The Great Elephant do not take any responsibility for a clients website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a clients website, there could be a change in the websites search engine ranking.
15. The Great Elephant will provide the Client with an expected completion date for the Project (live on the internet) if requested. The Great Elephant will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of The Great Elephant is purely an estimate.
16. It is the Client’s responsibility to check with The Great Elephant whether Open Source Software is being used or not.
17. The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by The Great Elephant or the Client.
18. The Great Elephant Ltd own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or The Great Elephant, they will be the sole responsibility of the Client.
19. Domain names will be registered by The Great Elephant and also registered to the The Great Elephant current address. Although the domain names are registered to The Great Elephant, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, The Great Elephant will do this within a reasonable timeframe.
20. A domain name will be registered by The Great Elephant on behalf of the client once we have received the final payment.
21. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, The Great Elephant Ltd can not be held liable for this. However, The Great Elephant will make reasonable effort to contact the Client regarding domain renewal.
22. When a Client renews Hosting with The Great Elephant, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and The Great liable for Elephant can not be held this.
23. Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was made live. Or according to earlier agreement. The Hosting will not be renewed if The Great Elephant cannot contact the Client or the Client requests for The Great Elephant to not host this site. This could also affect the domain as per item 21.
24. The Hosting renewal charge must be received within 10 days of the Hosting expiry date. The Great Elephant reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by The Great Elephant for reactivating the website/Hosting.
25. If the Client does not use The Great Elephant Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
26. Should a Client wish to move Hosting away from The Great Elephant or transfer a Domain name away from The Great Elephant, a 55 Euro admin charge will be issued, which must be paid before the transfer takes place.
27. The Great Elephant has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client's web sites constitute The Great Elephant endorsement, or approval of the website or the material contained within the website. The Great Elephant has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. The Great Elephant provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
28. The Great Elephant shall place a small text link on the footer of a Clients website that simply states the website was designed by The Great Elephant and links to our company website.