For any customised Web Application Terms and Conditions, please contact us.

The following terms of business apply to any or all of the domain name registration, web site hosting, email services (together “Services” and individually “Service”) to be provided by us to you from time to time. “Server” means the computer server equipment operated by us or our providers in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us/our providers to you for use by you as a site on the Internet.

These terms and conditions are subject to change from time to time without notice and the latest version can be read at www.switch2web.com or call our offices for a copy.

DOMAIN NAME REGISTRATION

1. We do not warrant or guarantee that the domain name applied for will be registered or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified by us that your requested domain name has been fully registered.

2. The registration of the domain name and its ongoing use is subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event. This does not affect your statutory rights as a consumer.

3. We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority. This does not affect your statutory rights as a consumer.

4. Once you enter a contract with Switch2Web to purchase a Domain, we will charge your card/invoice you, immediately. You must not under any circumstances order the same domain from another registrar before or after entering into a contract with Switch2Web, as this will cause us unwarranted administration problems & costs, and we will not be able to issue a refund under any circumstances, whether we manage to obtain the domain first or whether the other registrar obtains it for you.

5. We will not be held liable for any losses (directly or indirectly) caused by non re-registration of domains for whatever reason. The re-registration of domains are solely the client’s responsibility. However, we will attempt to contact the owner of the domain in advance in order to give the option to renew the registration of the domain through Switch2Web. Transfers: we cannot transfer a domain out for the first 3 months of registration. Transfer out charges may apply depending on the domain name extension.

6. .UK Domains

All our .uk domain names are registered with Nominet UK and are subject to their terms and conditions available here www.nominet.uk/go/terms

WEB DESIGN / SEO/ HOSTING/ OTHER SERVICES TERMS AND CONDITIONS

Specific terms are tailored and change from time to time, and a link to the relevant terms will be included with an email representing the relevant service during initial negotiations/proposal stages. Copies of specific terms for any of our current clients are always available by request. All the SEO orders will be non-refundable until and unless the desired top rankings are not achieved within 6 months from the signup date subject to customer providing the website access to our team within 5 days from the time of signup.

INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS

You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisation’s in respect of the Services, including without limitation, clearance and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant banks in respect of your operation of an Online Store

INDEMNITY

You agree to indemnify and keep indemnified and hold us on demand harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms of business. This does not affect your statutory rights as a consumer.

FEES AND PAYMENTS

The Client will pay the Project fees set out in the Project Specification (the “Fees”) to the Developer.

Notwithstanding any specific payment milestones set out in the Project Specification, the Fees shall by payable by the Client in the following installments:

(a) 30% of the Fees to be paid no later than 2 days before commencement of the Project by the Customer;
(b) 30% of the Fees to be paid before the commencement of the ‘Build’ Phase 2 of the project (DEMO/HTML)
(c) 30% of the Fees to be paid before the commencement of the ‘Programming’ Phase 3 of the project (Incl TESTING); and
(d) the remaining 10% of the Fees to be paid no later than a day prior to making the website/application LIVE

All Fees payable are exclusive of VAT and, where appropriate, VAT will be added at the rate for the time being applicable.

Copyright notice removal license is priced at 25% of the Total Project Value and can be availed by contacting your Account Manager

The Client shall make all payments due in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.

Without prejudice to any other right or remedy that the Developer may have, if the Client fails to pay the Fees on the due date, the Developer may, at its option:

(a) claim interest at its discretion on any unpaid amounts under the Late Payment of Commercial Debts (Interest) Act 1998;
(b) suspend the Project until payment has been made in full;
(c) where the Developer is providing Hosting Services, disable the Website until payment has been made in full; or
(d) terminate this Agreement immediately upon notice.

All invoices are sent to the Client via email to the Client’s specified email address. The Client will notify the Developer of any changes to the invoicing address.

The Developer will return the Deposit to the Client, if the project does not start as prescribed Demo or Signup SEO Report generation.

LIMITATION OF LIABILITY

We hereby exclude all conditions, terms, representations (other than fraudulent representations) and warranties relating to the Services supplied under any agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose.

Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.

In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

SYSTEM INTEGRITY

The Client hereby agrees not to tamper in any way with the software or functionality of the Portal. Without limiting the foregoing, each client agrees not to put any computer programs, information or data into the Portal which contains any viruses, time bombs, Trojan horses, worms, cancel bots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information. Any such circumstances would attract instant cancellation of the project from the vendor’s end and the damages shall be bond by the Client.

Client hereby agrees not to export/copy/rename/change/modify any contents from our Demo Server or Demo Application.

POWERED BY / COPYRIGHT REMOVAL SERVICE

According to the Development Terms of the Switch2Web, Client may NOT remove or hide the “Powered by Switch2Web” statement or image that appears at the bottom of each page within your website, app or web/software application.

If Client have not purchased a valid “Copyright notice removal license” for their website, the copyright notice at the footer of your website must remain intact, unedited and clearly visible. Please don’t attempt to edit, remove or hide the copyright notice in any way. It does not give them the authorization to remove any copyright notices in the script source files nor any other rights. Copyright infringement is illegal – please be advised!

Upon purchase of a “copyright notice removal service” Client is permitted to remove the aforementioned proprietary notices.

NOTICES

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

OUR HOLIDAY SCHEDULES

Please take a note of our holiday schedules across our offices located in multiple continents. While we may be closed on these days, you can still get in touch with our customer care team anytime on the respective customer care numbers.

All our offices will be closed as listed below:

Marketing  Team – United Kingdom
DAY DATE HOLIDAY
Monday Jan 01, 2018 New Year’s Day
Friday Mar 30, 2018 Good Friday
Monday Apr 02, 2018 Easter Monday
Monday May 7, 2018 Early May bank holiday
Monday May 28, 2018 Spring bank holiday
Monday Aug 27, 2018 Summer bank holiday
Tuesday Dec 25, 2018 Christmas Day
Wednesday Dec 26, 2018 Boxing Day
Thursday Dec 27, 2018 Annual Holidays
Friday Dec 28, 2018 Annual Holidays
Marketing  Team – United States
DAY DATE HOLIDAY
Monday Jan 15, 2018 M L King Day
Monday Feb 19, 2018 Presidents’ Day
Monday May 28, 2018 Memorial Day
Wednesday Jul 04, 2018 Independence Day
Monday Sep 03, 2018 Labor Day
Monday Oct 08, 2018 Columbus Day
Thursday Nov 22, 2018 Thanksgiving Day
Tuesday Dec 25, 2018 Christmas Day
Wednesday Dec 26, 2018 Boxing Day
Thursday Dec 27, 2018 Annual Holidays
Friday Dec 28, 2018 Annual Holidays
Monday Dec 31, 2018 Annual Holidays
Development Team – India
DAY DATE HOLIDAY
Friday Jan 26, 2018 Republic Day
Friday Mar 02, 2018 Holi
Friday Mar 30, 2018 Good Friday
Tuesday May 1, 2018 May Day
Friday Jun 15, 2018 EID Ul Fitr
Wednesday Aug 15, 2018 Independence Day
Monday Oct 2, 2018 Gandhi Jayanti
Thursday Oct 18, 2018 Navami – Durga Pooja
Friday Oct 19, 2018 Dashami – Durga Pooja
Wednesday Nov 7, 2018 Diwali
Tuesday Dec 25, 2018 Christmas Day
Monday Dec 31, 2018 New Year Eve

 

TERMINATION

If the Client is not taking services from the Developer, this Agreement will terminate automatically upon delivery of the Project Release to the Developer, unless otherwise extended by the Parties in writing. Otherwise, this Agreement shall continue unless or until terminated by either Party in accordance with the terms of this Agreement.

Notwithstanding clause above, either Party may terminate the Agreement immediately in the event that the other Party:

(a) commits a material or persistent breach of its obligations under this Agreement which is incapable of remedy (and non-payment shall be deemed a material breach);
(b) fails to remedy a breach of any of its obligations under this Agreement, where it is capable of remedy, or persists in any breach of any of its obligations under this Agreement after having been required in writing to remedy or desist from such breach within a period of 30 days;
(c) is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
(d) makes or proposes any voluntary agreement or enters into a compromise for the benefit of its creditors;
(e) being a company, becomes subject to an administration order or goes into liquidation, (other than for the purpose of amalgamation or reconstruction);
(f) has a receiver appointed to administer any of its property or assets
(g) ceases or threatens to cease to carry on business; or
(h) has failed to meet expectations. In this case the client will pay the developer for all work completed at the hourly rate of the developer. The developer will then pass all material developed under the project to the client.

On the termination of the Agreement other than under clause above, the Client undertakes to return promptly any test examples of the Website and any document, manuals or other printed materials which have been delivered to the Client by the Developer and to return or destroy any copies thereof (as requested by the Developer).

Any termination of the Agreement shall be without prejudice to any rights accrued in favour of either Party and will not affect those provisions of the Agreement which are by their construction intended to survive such termination.

COMPLAINTS PROCEDURES

If you have any complaints, or have a dispute, we will act swiftly to resolve them. If you feel you are entitled to a refund on any of our services, we will act swiftly to resolve the matter.

We aim to give good service and value for money, however we recognise that from time to time issues can arise that need to be escalated. The following section gives information on how to contact us, and what to do if you have a complaint.

Step one: how to contact us

If you are unhappy with any of our services, or you feel that you have not received a satisfactory response from our Customer Support teams, you may send your complaint in writing to:

Customer Support Team
Switch2Web.com
Lakeside House 1 Furzeground Way
Stockley Park Heathrow UB11 1BD
Tel: 0333 358 3899
Email: support@switch2web.com

You should expect to receive a response to your query within five working days of us receiving your correspondence.
Step two: what we will do

On receipt of your complaint our Customer Support Team will thoroughly investigate any issues raised and propose a course of action for resolution within a further 5 working days.

Step three: if you are not satisfied

If you are not satisfied with the action we plan to take, you should request that your complaint be sent by recorded delivery to;

President & Director
Sirchend Softwares Private Limited
8th Floor Megatherm Building
Sector V, Kolkata, West Bengal 700091
Tel: 0203 112 9307
Email: escalations@switch2web.com

You should expect to receive a response to your query within a further 10 workings days of us receiving this correspondence.

Step four: what we will do

On receipt of your complaint our President or a member of the senior management team will thoroughly investigate any issues raised and propose a course of action for resolution.

ABUSE

Should one of our clients or users be sending spam or abusing our service in any way, please email abuse@switch2web.com and one of our technical team will promptly investigate and respond within five working days of us receiving your correspondence.

Terms & Conditions updated at Thursday, 20th September 2018