Terms & Conditions of Service
If you’re on this page, there’s no need for us to explain how wildly exciting Terms & Conditions pages are – like us, you’re clearly already a huge fan of such things. Well, either that, or you have to be here for legal clarification.
Legal clarification is precisely what this page is for. Below, you’ll find a legal checklist covering all the finer points of using Nice as Pi as your website provider, along with a list of various open source licenses and credits under which some of our fonts, images, and icons are used.
The words and expressions used in this document are defined here:
“Services” – The services provided by The Supplier. Any work carried out (paid or unpaid) by the Supplier on behalf of the Client
“Website” – The website that Nice as Pi Website Solutions creates for the Client.
“Agreement” – The terms of this document by which the Supplier and the Client will be bound.
“Hosting Company” – The provider the Supplier will use to host the website on the internet.
“Go-Live” – The process of publishing a new website live on the internet or activating programming code.
“The Supplier/Nice as Pi” – Nice as Pi Website Solutions, its agents and employees.
“The Client/you” – The party signing up with Nice as Pi Website Solutions for the delivery of online services including web design, website content, hosting, domain registration etc.
1. Unless otherwise agreed in writing by a Director of Nice as Pi Website Solutions, our standard Terms and Conditions shall apply to all clients.
2. This Agreement has been entered into in Great Britain and any disagreement arising shall be covered by the laws of England and Wales including any arbitration, mediation or court action.
3. These Terms and Conditions are subject to change and may be updated from time to time. Any changes will be communicated by email to the email address provided on sign up.
4. No failure or delay by any party in exercising its rights under these Terms and Conditions shall be deemed to be a waiver of any of those rights.
5. Any delivery time estimates quoted by Nice as Pi for the services is an estimate only and time shall not be of the essence. We shall not be liable for any failure to meet any such estimate, nor any loss, of whatever nature, resulting directly or indirectly from it.
6. We may use qualified subcontractors under our supervision for any or all work from time to time, where appropriate and as we deem it necessary.
7. To maintain our portfolio credentials and the integrity of any applicable copyrights, we will place a “website by Nice as Pi” ‘type’ link back to our own site in the footer of all our websites. We reserve the right to reproduce images of your website in marketing and or portfolio listings of previous work we have completed.
8. When the Client is supplying images/graphics/text copy/video and any other media for use on the website, the Client warrants that they either own the copyright for this content or have obtained permission from the copyright holder and can therefore legally and reasonably use the content on the website. Nice as Pi shall not be liable for copyright infringement related to any content provided by the Client, your agents or representatives. The Client will hold harmless, protect and defend Nice as Pi, our agents and subcontractors against any claims arising from content provided to us by the Client.
9. The Client is solely responsible for the accuracy editorial content of the material included on the website. The Client agrees to indemnify (hold harmless) Nice as Pi from any action, demand or claim resulting from the editorial content of the website.
10 (a). If a website design, structure, and layout has been agreed between the client and Nice as Pi, Nice as Pi is not liable for any loss of business, loss of profits, or any other damages related to the design, structure, and/or layout of the website.
10 (b). Nice as Pi shall not be liable for any damages arising from the use or misuse of the website, nor the cessation of services where the Client fails to meet its obligations as documented in this Agreement.
10 (c). Nice as Pi cannot be held responsible, or be liable for, any dips in search engine rankings. Search engine optimisation consisting (in part) of solid website content and clean website structure goes along way to maximising the likelihood of high search engine rankings, however the rankings themselves are governed solely by the search engine(s) themselves, and there is no guaranteed method for ensuring top search engine results.
11. If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement.
12. We reserve the right to cancel any order (including any applicable specification and/or proof /design request etc.) which we believe is or may be of an illegal or libellous nature, or may be an infringement on the proprietary or other rights of a third party or is otherwise unsuitable for publication on the internet and / or any other medium.
13. The Nice as Pi monthly service plan includes a number of content updates which will be carried-out on the website. The number of updates for which the Client is entitled to are as follows:
£55 per month plan – five (5) content updates per month, each with a maximum seven (7) day turnaround.
14. A content update is the creation of original written content; the addition of media provided by the Client and optimised by Nice as Pi; or an amendment to the content on an existing page of the website, adding or removing on the website or any other content update that is completed on an existing website page. Content updates do not cover external social media posts or accounts.
15. Nice as Pi submits Client websites to search engines as part of the website release process but cannot guarantee inclusion or accept responsibility or liability if any search engine, online directory or search site submitted to, chooses not to list the Client’s website.
16. Nice as Pi retains all rights to any photography and other images that have been sourced as part of the website design except where the Client has been invoiced and has paid for externally sourced images used on the website OR the Client has provided their own images for use on your website.
17. The Client owns any logos that Nice as Pi has included as part of the website design.
18. When you agree that a site can be made publicly available, you are agreeing that the design and development of the site has satisfied all of your requirements and any payment terms related to “Go-Live” shall then be triggered and invoiced in accordance with our terms.
19 (a). Force majeure: Neither party is liable to the other for failure to perform their obligations if the failure is due to unforeseen circumstances, beyond reasonable control. In such circumstances we shall be entitled to suspend or cancel the service without prejudice to any rights which have accrued to us prior to termination.
19 (b). Nice as Pi reserves the right to terminate labour services at any point, for any reason, provided all payments are ceased according with the date by which said labour services cease.
19 (c). The client reserves the right to cease payments to Nice as Pi at any point, for any reason, with the understanding that service provision may also cease from the date on which payments cease.
Hosting and Backups
20. Nice as Pi has selected a reputable website hosting provider and we review our partners from time to time to ensure we deliver the best value/quality mix of website hosting. Nice as Pi is not required to notify Clients of website hosting provider changes unless that hosting provider change would result in hosting Client data outside of the UK.
21. Nice as Pi endeavours to ensure that websites are live and protected 100% of the time, due to the open public nature of the internet, this cannot be guaranteed. From time to time hacking attempts can mean website servers go offline, or our hosting partner can experience technical difficulties which results in a temporary loss of service. Nice as Pi will endeavour to communicate any such instances to our Clients as and when they occur and seek to restore service in a timely manner.
22. Nice as Pi is not liable for any loss of business, loss of profits, any loss of digital data or any other damages related to website downtime/loss of website service or website security compromises.
23. We perform backups of all of our websites, both inside of our hosting server and via CPanel backups outside of our server on a weekly basis.
24. All our website data is hosted within the UK and is not replicated to alternative non-UK locations, therefore UK data protection laws are in effect for all of our websites.
25. You must ensure that you maintain secure passwords for the systems we provide to you. Nice as Pi cannot be held liable should a successful hacking attempt on your website be traced back to use of either an insecure password and/or ineffective device security procedures on the part of the Client.
26. If the Client or a third party authorised by the Client have permitted damages to your website by applying an update or change, necessitating Nice as Pi to repair the website, we reserve the right to charge you for this work.
27. (a) Nice as Pi will only accept regular recurring payments by Direct Debit using our GoCardless Direct Debit management system.
27. (b) One-off payments can be made by online bank transfer (ensuring you use the invoice number as a reference) or a one-off Direct Debit payment using our GoCardless direct debit management system.
28. Monthly fees for services provided by Nice as Pi are subject to inflation as per the Retail Price Index measure of inflation. This means that at the end of each calendar year, your monthly fee will be evaluated against the RPI figure for that year, and may increase (or decrease) accordingly, year-on-year. For example, the RPI figure for 2016 was 1.9%. This would mean a £55 per month website plan would increase in cost by 1.9%, making your new monthly fee £56.04.
29. When you agree to become a Nice as Pi client, we will send you a link to our Direct Debit system. We will not “Go-Live” with your project until the Direct Debit mandate has been completed online, and we have received email confirmation of your acceptance of our Terms and Conditions. We will commence invoicing from the date we “Go-Live” with your website.
30. Nice as Pi invoices are issued only by email to the email address you specify upon signing up with us. It is your responsibility to ensure invoices are settled in accordance with our payment terms to enable us to maintain service provision.
31. Payments are due no later than 14 days from the invoice date and/or in accordance with the Direct Debit payment schedule agreed when you become our Client.
32. Without limiting any other right or remedy of Nice as Pi, if you fail to make any payment due to us under the Agreement by the due date for payment, we shall have the right to suspend all services being provided by us until such payment has been made, including (but not limited to) taking your website offline.
33. Following our issuing a website suspension notice, Nice as Pi will keep your website on its servers for 30 days after which time we reserve the right to delete the website from our servers. Nice as Pi shall not be liable for any claims for any losses, material or implied, of any kind, from a situation where we have removed your website from the internet for reasons of non-payment of monies owed to us.
34. You shall pay all amounts due under the Agreement in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against Nice as Pi in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount you owe us against any amount payable by us to you.
35. By agreeing with Nice as Pi to “Go-Live” with your website, you accept that the brief has been met and that all future changes must undergo a formal change control request from you.
36. Failure to provide Nice as Pi with information does not permit the Client to delay or cease payment, unless specifically agreed with us.
37. If Nice as Pi buys a domain name on behalf of the Client then Nice as Pi owns that domain, until you have paid the cost of this domain name plus any administration charges (for example, in the case of porting a domain out). The cost of a single domain name from a reputable online marketplace (currently SiteGround) is included in your monthly fee. You can purchase your own or additional domain name(s) from other providers, but you must provide us with access to your DNS control panel in order to take your website live, OR you undertake to update your own DNS control panel yourself using the IP address information that we will provide. We are not be liable for any damages related to loss of website or email services that result from incorrectly applied DNS updates. We can also not be held liable for loss of email not backed up prior to the changing of DNS name servers.
38. If the Client asks Nice as Pi to purchase an additional domain on your behalf and request to be invoiced then you also agree to accept subsequent invoices when the domain renewal is due. In order to ensure continuity of service we will not notify you in advance of domain name renewal invoices being issued and we make the assumption that you wish to have the domain name renewed.
39. In all cases, where you have paid for a domain for a specific period from an external domain provider, you own the domain and you are free to transfer it away from Nice as Pi at any time. We will charge an administration fee for the domain transfer service (currently £19.99 per domain). This domain transfer fee is to cover our administration costs in carrying out this process.
40. If you have purchased your own domain name and we do not manage it for you within our SiteGround platform, you are responsible for the renewal of the domain in a timely manner to ensure your website service remains unaffected at renewal time, otherwise you run the risk of your website going offline. We cannot be held responsible for such an event if the cause is deemed to be the expiration of a domain held externally by the Client.
Cancellation and Refunds
41. In order to cancel this Agreement the Client is required to give Nice as Pi a minimum of 30 days’ notice in by email to email@example.com. A cancellation email must come from an email address you have previously registered/used when contacting us.
42. Any invoices that are issued or due to be issued within the notice period shall still be valid and due for payment in the normal way. Nice as Pi will confirm the date upon which we will cease your services upon receipt of your written notice to us.
43. No refunds will be made on services that have already been delivered (such as the renewal of add-on domains). If you have paid for an item in advance and then later wish to cancel the delivery of that service before it is delivered and if we have not expended time related to your work, we will consider an application for a refund in a fair and reasonable manner. Any refunds we may agree pay will be reduced by any costs or administration charges we may incur during the process (including, but not limited to, PayPal payment fees, direct debit processing fees and/or other bank charges).
44. We require 30 days notice to cancel your agreement. In this case you give notice in accordance with the notice terms of this Agreement detailed herein and EITHER:
a. We will then turn off the website for you on the agreed future date and provided that you have made all payments due on your account, our Agreement is considered terminated and we will delete the website from our servers.
b. If you would like to take your website (or any original content produced by Nice as Pi for your website with us – including (but not limited to) original text, images, logos, and graphics) with you to be hosted with another provider or so that you have ownership of the website files and content, we will charge a leaving fee. The leaving fee is dependent on how long you have been a Client of Nice as Pi, as follows;
Cancellation fees when taking your website with you:
If you’ve been with us for 1-12 months, the cost will be £1500.
If you’ve been with us for 13-24 months, the cost will be £1000.
If you’ve been with us for 25-36 months, the cost will be £500.
If you’ve been with us for 37+ months, the cost will be £0.
Terms correct as of 18/07/2016
Credits and Licences
Front page ‘Hammock’ (original) image by GoodWP
Who we are and how we process your personal data
Nice as Pi complies with their obligations under the General Data Protection Regulation (GDPR) by keeping personal data up to date; by storing (and destroying it) securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data.
We use your personal data for the following purposes
• To deliver the services that clients have requested.
• To contact those clients as necessary in accordance with the services they have requested.
• To contact clients via surveys to ascertain their opinions on the service they received from us.
• To maintain our own accounts and records.
N.B. In the event that our recorded data is utilised for research purposes, all such data will be sufficiently anonymised to the extent that individual clients cannot be identified. Should a client indicate that their data should not be used for these purposes, we would refrain from using that data.
Individual client data will never be passed to a third party without the express consent of the respective client, always provided that such confidentiality is not in contravention of any legal action or legal requirement.
Our Lawful Basis for processing client personal data
The client has given clear consent for us to process their personal data for a specific purpose. Further, the processing is necessary for both our client’s legitimate interests, and our ability to serve the client’s needs.
Your rights and your personal data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:
• The right to request a copy of the personal data which Nice as Pi holds with regards to yourself.
• The right to request that Nice as Pi corrects any personal data if it is found to be inaccurate or out of date.
• The right to request your personal data is erased where it is no longer necessary for Nice as Pi to retain such data.
• The right to withdraw your consent to the processing and/or collection of your data at any time.
• The right to request that the data controller provide the data subject with his/her/their personal data and where possible, to transmit that data directly to another data controller (known as the right to data portability), (where applicable).
• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction be placed on further data processing and/or data collection.
• The right to object to the processing and/or collection of personal data (where applicable).
• The right to lodge a complaint with the Information Commissioners Office (see below).
The client has the right to complain to the Independent Commissioner’s Office (ICO) if they think there is a problem with the way we are handling their data (see ico.org.uk).