- Introduction
These terms and conditions apply to the entire contents of the DotCom.im (“DC”) website and to any correspondence by E-mail between DC and you. All references in these terms and conditions: to the “Website” refer to dotcom.im; to “we”, “us” and “our” refer to “DC”; to “you” and “your” refer to you, the user; to “Content” refer to the text, graphics, photographs, calculators, advice, statements, information and other material displayed from time to time on the Website.
Please read these terms and conditions carefully. By using this Website you are deemed to accept these terms and conditions. We reserve the right to amend these terms and conditions from time to time and recommend that you review them regularly.
- Copyright
Unless otherwise stated, we own the copyright and other intellectual property rights in all Content and expressly reserve all rights in the same. You may print and download extracts from this Website for your own non-commercial use provided that you do not modify any of the Content, you do not use any graphics or photographs separately from their accompanying text and you do not remove any copyright or trade mark notification from such extracts.
All other reproduction or use of extracts of Content is strictly prohibited. In particular, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
- Your Access and Use
We endeavour to ensure that this Website is accessible 24 hours a day. However, we will not be liable for any losses, expenses, costs or liabilities that you, your business or any other person may suffer if this Website is unavailable at any time or for any period or your access to the Website is interrupted, restricted or delayed for any reason.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control.
Other than personally identifiable information which is covered under our Privacy Policy, any material or information that you transmit or post to this Website or E-mail to us (your “Non-Personal Information”) will be considered non-confidential and non-proprietary. We will have no obligation to you with respect to your Non-Personal Information. By sending such Non-Personal Information to us you agree that we are free to copy, disclose, distribute, incorporate and otherwise use all Non-Personal Information for any and all commercial or non-commercial purposes.
By using this Website you agree not to attempt to access our systems. You agree not to post on or transmit to or from this website any material that is threatening, defamatory, obscene, indecent, offensive, discriminatory, inflammatory, blasphemous, criminal, in breach of confidence or privacy or a third party’s rights or which may otherwise cause annoyance or inconvenience; or which is technically harmful including, without limitation, containing computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
If you breach any of the terms of these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website that you have within your possession or control.
- Linking to Website
You may create a link from your own website to the Website provided that you obtain our prior written consent and provided that you only do so on the basis that you link to, and do not replicate, the home page of this Website and you DO NOT: a) create a frame or any other browser or border environment around this Website; b) in any way imply that we endorse any products or services other than our own; c) misrepresent your relationship with us or present any other false information about us; d) use any of our Content or trademarks without our express written permission; e) link from a website that is not owned by you; or f) display any content on your website that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke any right we grant to you to link to our Website should you breach any of these terms and conditions. By linking to the Website, you indemnify us for any losses, damages, liabilities, costs or expenses that we may suffer or incur due to your breach of any of the terms set out in the paragraph above.
- Disclaimer
You must satisfy yourself of the accuracy of all Content. While we endeavour to ensure that the Content is correct and up-to-date, it is provided “as is” and we give no representation, warranty or guarantee as to its accuracy, completeness or adequacy. Accordingly, to the maximum extent permitted by law, we exclude all express and implied warranties, representations and conditions with respect to the Content.
The Website may from time to time contain links to third party websites which we provide solely for your convenience. We have no control over, and make no endorsement of, the content or availability of these third-party websites and you use and rely on the same at your own risk.
You acknowledge and agree that any reliance you place on the Content and the content of any linked third party sites is at your own risk. To the maximum extent permitted by law, we exclude all liability for any direct or indirect losses, loss of profits or other consequential loss, damages, costs, expenses or liabilities that you may suffer or incur arising from your use of this Website and/or reliance on any Content.
- Payment for services
Dependent on the Clients chosen package, different payment options may be available, as agreed between the Developer and the Client and will be laid out in the Confirmation of Engagement and signed by all parties. Standard invoice payment terms are NET 7 days from the invoice date, unless specifically requested otherwise by the Client. Any training offered by DotCom.im is on the understanding that all invoices issued to the Client have been settled in full and that this is not part of the paid services, but is offered as a goodwill gesture to the Client by DotCom.im, unless specific training is requested by the Client, which will be charged at the DotCom.im standard hourly rate. In the event of non payment, the Developer, DotCom.im, reserves the right to withdraw any and all services, which may include the website being taken down until any outstanding amount is settled in full. Late payments may also be subject to a monthly 10% late fee. By signing the Confirmation of Engagement, both parties agree to be bound by all terms laid out on this website.
- Content
We require you to submit your own text and images for inclusion on your new website. All text should be divided into sections relevant to your page names and submitted by you in electronic format via email or to be uploaded to DropBox. All text and images submitted must be free of copyright and DotCom.im accepts no responsibility for any infringement of copyright law arising from any text or images used on your site.
We may include plugins on your website to improve the overall user experience on your site. These include but are not limited to contact forms, image slideshows, videos and maps. As these are third party apps hosted by another supplier we cannot accept responsibility for any loss of service or malfunction that may occur. Each third party reserves the right to alter or remove their service and or charge fees if certain usage limits are reached. Customers will be notified prior to such case and would be able to decide whether or not to continue with the service or to find an alternative provider.
- Client Access and usage by DotCom.im
Should you choose the option of having administrative rights to your website you will be able to make changes to your own site and amend content. DotCom.im does not accept responsibility for any changes that you make to your site.
We reserve the right to include a screenshot of, and link to your completed website on the portfolio page of our website and on any of our social media accounts. Website built by DotCom.im will display a link in the clients website footer stating by whom it has been built and will include a link to DotCom.im. All sites can be viewed on laptops, PC’s, tablets and mobile devices running the latest versions of Internet Explorer, Mozilla Firefox, Google Chrome and Safari.
- Cancellation
In the event of Cancellation by the Client, the Developer will be compensated for all services performed, both regarding work carried out to date and through the date of cancellation in the amount of a prorated portion of the fees due. Deposits paid are non refundable once work has commenced at the Clients request. Upon cancellation all rights to the website, including any domain names provided as part of any package offered by DotCom.im, revert to the Designer and all original art must be returned, including sketches, comps, or other preliminary materials, if applicable. Should the Client wish to transfer the Website to another developer / hosting provider, fees will be applicable equal to the Developers standard hourly rate.
- External Factors & Right to Refuse
Due to external factors we cannot offer any guarantees regarding the search engine position we will achieve for websites. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
DotCom.im reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or controversial. We also reserve the right to refuse to handle any site found to be involved in any black hat search engine optimisation techniques. Should any of these situations arise we reserve the right to terminate your web hosting service without notice and you would not be due a refund.
We reserve the right to amend the Terms and Conditions at any time.
- Governing Law
These terms and conditions and your use of the Website will be governed by and construed in accordance with Isle of Man law and you agree that any disputes arising in connection with the same will be subject to the exclusive jurisdiction of the Isle of Man courts.