Service Terms & Conditions
The following Terms of Business relate to the web design, development and hosting services provided by SwimPal Online. We have separate terms relating to our WordPress plugin.
These terms and conditions were last updated on: 3rd August 2022.
Terms: The Terms of Business specified in this document.
SwimPal Online: A website design and development business registered at Brook House, Church Lane, Garforth, LS25 1HB. SwimPal Online Ltd is registered in England, company number 13816681.
Client: The individual or company commissioning the SERVICES.
Services: The work provided by SwimPal Online as described on the PROPOSAL.
Proposal: The description, and anticipated pricing where applicable, of the SERVICES to be provided to the CLIENT. This may take the form of a written document, email or written correspondence, submission of an enquiry form on the SwimPal Online website, or verbal conversation.
Unless otherwise stated in the PROPOSAL, the following standard TERMS apply. They are intended to protect both the CLIENT and SwimPal Online and to ensure that the working relationship is open and honest for both parties.
All work is carried out by SwimPal Online on the understanding that the CLIENT has agreed to these TERMS. The CLIENT may indicate their acceptance of the PROPOSAL and these TERMS either by a signed agreement in writing; accepting a PROPOSAL online; a confirming email; or by paying a deposit for work outlined in the PROPOSAL.
The CLIENT hereby authorises SwimPal Online to carry out the SERVICES and access any information required in order to do so, for example accessing a web hosting account. Unless otherwise stated on the PROPOSAL, the CLIENT authorises SwimPal Online to upload any files to the World Wide Web in order to provide the SERVICES; and to submit a completed website to internet search engines unless stated otherwise in the PROPOSAL.
SwimPal Online represents and warrants to the CLIENT that it has the experience and ability to perform the SERVICES; that it will perform said SERVICES in a professional, competent and timely manner; and that its performance under these TERMS shall not infringe upon or violate the rights of any third party or violate applicable legislation.
The CLIENT represents and warrants to SwimPal Online that it has the power to enter into an agreement with SwimPal Online; that it is solely responsible for any information added to a website as part of the SERVICES; and that its performance under these TERMS shall not infringe upon or violate the rights of any third party or violate applicable legislation.
3. Proposals & pricing
SwimPal Online will usually provide a fixed quote for the work. If it is not possible to accurately predict the amount of work in advance then SwimPal Online will quote a maximum price. The final bill will be less than or equal to the maximum price agreed. SwimPal Online will not exceed the agreed quote without prior approval from the CLIENT.
SwimPal Online may agree to charge an agreed hourly rate for a piece of work. Billable time will be rounded to the nearest 15 minutes, minimum one hour per task.
All prices quoted are based on SwimPal Online’s current understanding of the CLIENT’s requirements, as described in the PROPOSAL. Any changes to these requirements may affect the price.
The PROPOSAL will list the exact specification of the work and the specific SERVICES to be provided.
4. Website software
SERVICES will be provided using the WordPress content management platform.
5. Website standards and interoperability
Unless otherwise specified in the PROPOSAL, the SERVICES will be optimised for all modern web browsers.
6. Domain names
If stated on the PROPOSAL, SwimPal Online will register one or more domain names on behalf of the CLIENT. SwimPal Online will suggest appropriate domain names and check their availability. A domain name’s availability during the initial stages of the project does not guarantee it will still be available at the time of registration.
The chosen domain name will be registered using the CLIENT’s contact details and will be owned by the CLIENT. SwimPal Online will manage the domain name registration and renewal on behalf of the CLIENT. At no time will SwimPal Online hold any rights over the domain name.
7. Materials provided by the CLIENT
If specified in the PROPOSAL, SwimPal Online will write any text to be displayed on the website, which the CLIENT is required to approve. The CLIENT must provide sufficient information, for example in the form of detailed verbal information, written notes, brochures, leaflets or information from other relevant websites.
Where the PROPOSAL states that the CLIENT will provide the text, SwimPal Online reserves the right to proofread and edit it for the purpose of making it suitable for web use and attractive to search engines. The CLIENT can request amendments to any changes made to the text by SwimPal Online when approving the draft website.
SwimPal Online will use images provided by the CLIENT if they are of sufficient quality. Photographs must be provided electronically. SwimPal Online reserves the right to graphically enhance images and save them into a format suitable for online use.
If specified on the PROPOSAL, SwimPal Online will select appropriate images for the website which are freely available for commercial use.
8. Web hosting
The standard web hosting service provided by SwimPal Online is as follows:
- Setup and configuration of hosting for the website.
- Installation of the website on the web host.
- Configuration of name servers to link the domain name with the website hosted by the web host (where SwimPal Online has registered the domain).
- Uptime monitoring, and taking appropriate action if the website is offline.
- Includes up to 25GB storage.
- Includes 20,000 visits to your site per month. ‘Visits’ are defined as the visitor statistics recorded by our hosting company. This figure may differ from that recorded by other software such as Google Analytics.
9. Additional costs
Additional services requested during the project
The CLIENT agrees to pay the additional fees for any work not described in the PROPOSAL that the CLIENT requests during the course of the project. This will be quoted for in advance.
The CLIENT agrees to reimburse SwimPal Online for any additional expenses necessary for the completion of the SERVICES. An example of this might be work required due to unforeseen difficulties or fees incurred in obtaining access to the CLIENT’s domain name, or additional meetings and travel time that were not previously quoted for. Additional expenses will be charged at the agreed price plus expenses.
10. Completion date
SwimPal Online will book in the work and provide a predicted completion date once the CLIENT has accepted the PROPOSAL and paid any initial deposit. Any completion date should be viewed as an estimate.
The completion date is dependent on the CLIENT providing any information that is required in order for SwimPal Online to complete the work. If there are unforeseen delays in receiving this information then SwimPal Online will re-book the work and provide a new completion date, based on SwimPal Online’s current availability.
SwimPal Online cannot be held responsible for any delays, whatever the cause.
Cancellation of new SERVICES
Prior to the CLIENT’s final approval of the draft SERVICES, each party reserves the right to terminate their agreement at any time. SwimPal Online shall have the right to bill pro rata for work completed up to and including the date of that request, plus any expenses incurred, while reserving all rights under these TERMS and to the work.
If the CLIENT cancels the SERVICES then any deposit will not normally be refundable.
Cancellation of ongoing services
Any ongoing SERVICES provided by SwimPal Online can be cancelled by the CLIENT at any time, except SERVICES where a minimum contract period still applies.
The CLIENT must give SwimPal Online at least 14 days’ notice either in writing or by email. The CLIENT shall not be entitled to a refund for any part of a month or year for SERVICES yet to be provided which have been paid in advance.
If the CLIENT is cancelling the website hosting or domain name registration service (e.g. the CLIENT wishes to move the website to a different web host) then SwimPal Online will release and hand over all website files or will assist in transferring the domain name.
If SwimPal Online wishes to cancel any ongoing service provided to the CLIENT then they may do so at any time but must give the CLIENT at least 14 days’ notice in writing or by email.
12. Approval of work
The CLIENT is responsible for approving the work provided under the SERVICES. Once the CLIENT has indicated their approval of part or all of a project, any subsequent changes that they request may be chargeable.
Bug fixes and other issues
SwimPal Online will ensure that the SERVICES meet the requirements described in the PROPOSAL to the best of its ability. The CLIENT is responsible for checking the work and providing any feedback before it is formally approved and handed over to the CLIENT.
The CLIENT must pay for the work in full following receipt of an invoice from SwimPal Online. All SERVICES shall be provided for the price specified in the PROPOSAL and these TERMS. The PROPOSAL will state at which stage(s) of the project payment will be required.
All invoices must be paid in full by the due date(s) listed. In case debt collection or legal action prove necessary, the CLIENT agrees to pay all fees incurred.
SwimPal Online reserves the right to remove the CLIENT’s website or other SERVICES from viewing on the Internet if payment is not made in full within 28 days of the invoice due date. SwimPal Online will give the CLIENT seven days’ notice before removing the website from the Internet. This does not relieve the CLIENT of their obligation to pay the due amount. SwimPal Online accepts no liability for any losses that the CLIENT incurs if the website is removed from the Internet due to non-payment.
The PROPOSAL will list the payment milestones for the project.
If SwimPal Online is hosting the website then the final payment will not normally be due until after the website has been launched, unless stated otherwise in the PROPOSAL. If the CLIENT is arranging their own web hosting then full payment will always be required before SwimPal Online hands over the files or installs the SERVICES on the CLIENT’s hosting account.
Price changes for ongoing services
SwimPal Online may amend the cost of any ongoing services at any time. Any changes will be notified to the CLIENT in writing giving at least 14 days’ notice.
If SwimPal Online increases the cost of ongoing services that the CLIENT has already paid for in advance, SwimPal Online will offer to provide a refund pro rata if they choose to move to a different provider.
14. Website maintenance
Any work provided under the SERVICES will be developed to be compatible with the current standards and software at the time the SERVICES are handed over to the CLIENT.
If the CLIENT causes delays exceeding 60 days during a project and additional work is required – for example to update the website software to the latest version, or to implement new standards that have been released during the delay – then SwimPal Online will quote separately for this.
Once the SERVICES have been handed over to the CLIENT, the CLIENT will assume responsibility for keeping the website up to date and maintained.
If unforeseen issues occur with the CLIENT’s website, such as it getting broken, corrupted or hacked, then SwimPal Online will provide a quote to either restore it to a previous backup or fix the problem.
Due to the changing nature of the website industry, SwimPal Online does not guarantee that the work will be compatible with future standards, web browsers or upgrades to the software it runs on. The CLIENT is advised to update the software used to power the website on a regular basis, and at least quarterly in all cases.
The CLIENT may choose to purchase ongoing software updates and/or website maintenance from SwimPal Online. The PROPOSAL will list exactly what services will be provided and any restrictions. The price agreed will normally include a maximum number of hours for testing and any troubleshooting that is required to fix any problems that arise from an update. If more significant redevelopment is required to bring the software up to date then SwimPal Online will contact the CLIENT and recommend the best course of action.
15. Support services
If required, SwimPal Online will book in a set number of hours per month to work exclusively for the CLIENT. The CLIENT will be informed which hours have been booked if required, and will receive discounted prices, as quoted in the PROPOSAL.
The hours covered by the retainer will be billed at the end of each month at the agreed price. If the CLIENT requests more work in any month than is covered by the retainer then these will be billed separately.
16. Assignment of project
SwimPal Online reserves the right to assign suitably qualified and experienced subcontractors to the project as required. Where subcontractors are used, SwimPal Online reserves the right to share any information that is necessary for the work to be carried out. SwimPal Online will remain fully responsible for the final results of the project.
17. Copyrights & trademarks
The CLIENT declares that it holds the appropriate copyright and/or trademark permissions for any information that it asks SwimPal Online to include on a website under the SERVICES, including text and images. The CLIENT agrees to fully indemnify and hold SwimPal Online free from harm in any and all claims resulting from the CLIENT not having obtained the required copyright and/or other necessary permissions.
The CLIENT is assigned rights to use as a website the design, graphics and text contained in the finished assembled work. If SwimPal Online has provided a logo or colour scheme for the CLIENT then the CLIENT is also assigned rights to use these throughout their business. Copyright for these elements will be transferred to the CLIENT once they have been paid for in full.
SwimPal Online will provide image files of any parts of the website design to the CLIENT on request. This will be chargeable.
Rights to photos, graphics, source code and computer programs are specifically not transferred to the CLIENT, and remain the property of their respective owners.
18. Authorship credit
Unless specified otherwise in the PROPOSAL, the CLIENT must include a link at the bottom of each page of their website, establishing authorship credit to SwimPal Online. This will be inserted by SwimPal Online. SwimPal Online may remove the link at any time. The CLIENT may only remove it with prior permission from SwimPal Online.
SwimPal Online and its subcontractors retain the right to link to the CLIENT’s website, display graphics and other web design elements as examples of their work in their respective portfolios, as well as to mention the CLIENT in publicity to promote SwimPal Online, unless stated otherwise in the PROPOSAL.
19. Limited liability
The CLIENT hereby agrees that any material submitted for publication on a website will not contain anything leading to an abusive or unethical use of the web hosting service or host server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel. The CLIENT hereby agrees to indemnify and hold harmless SwimPal Online from any claim resulting from the CLIENT’s publication of material or use of those materials.
For as long as SwimPal Online is responsible for hosting and administration of the SERVICES, SwimPal Online shall take all reasonable measures to protect the CLIENT’s website or software including responsibility for daily data backups and regularly overseeing its security against illegal or unauthorised use. The CLIENT acknowledges that SwimPal Online cannot guarantee the security of the SERVICES. If, at any time, the CLIENT is aware of any infiltration, or suspects that such infiltration may be taking place, it shall notify SwimPal Online immediately. If a website is compromised or infiltrated then SwimPal Online will charge for rectifying it, unless stated otherwise in the PROPOSAL.
At no time does SwimPal Online make any guarantee that the CLIENT’s website will achieve a certain rating in search engine results; or guarantee a certain level or security or performance.
SwimPal Online’s total liability arising in connection with work provided under the PROPOSAL and these TERMS shall be limited to the total cost of SERVICES ordered by the CLIENT from SwimPal Online during that financial year. SwimPal Online shall not be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation (howsoever caused) which arise out of or in connection with the SERVICES.
The CLIENT shall defend, indemnify and hold harmless SwimPal Online and its employees, agents and subcontractors from all liabilities, claims and expenses, including all reasonable legal fees, that may arise or result from:
- Any service provided or performed or agreed to be performed or any product sold by the CLIENT, its agents, employees or assigns.
- Any injury to person or property caused by any products or services sold or otherwise distributed in connection with SwimPal Online.
- Any material supplied by the CLIENT that infringes on the proprietary rights of a third party.
- The CLIENT’s use of electronic commerce.
- Any defective product which the CLIENT has provided via the SERVICES.
SwimPal Online, its employees and subcontractors agree that, except as directed by CLIENT, it will not at any time disclose any confidential information to any person.
22. Entire understanding
These TERMS and the corresponding PROPOSAL form the sole agreement between the CLIENT and SwimPal Online regarding SwimPal Online’s web design and ongoing SERVICES.
These TERMS shall be governed and construed in accordance with English law. The parties agree that if any part, term or provision of these TERMS shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected.