// Fathom Business Solutions Ltd
Terms and Conditions of Business
Definition of our terminology as used within this document:
- A 'Project' is any work undertaken or service provided by Fathom Business Solutions Ltd for the Client on their request and as described in our confirmation order email to that Client.
- A 'Client' is a person, persons, business or organisation using any of the services provided by Fathom Business Solutions Ltd.
- 'Live Mode' means the date the website is available on the Client’s chosen domain.
- 'Domain' is the website address as specified by the Client.
- 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
- 'Hosting' is a yearly cost to keep a clients website activated online.
- 'Content' is both text and images that the Client requires on the website.
Fathom Business Solutions Ltd Terms & Conditions
- The contract between Fathom Business Solutions Ltd 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.
- Prices are based on Fathom Business Solutions Ltd’s current costs of service delivery and unless otherwise agreed are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs. Annual costs may also be increased in line with inflation.
- Fathom Business Solutions Ltd is a VAT registered company and reserve the right to charge the amount of any value added tax payable, whether or not included on the estimate or invoice.
- The works to be carried out shall be as set out in the Fathom Business Solutions Ltd confirmation order email.
- Email will be the method of contact with regard to all communication. Although Fathom Business Solutions Ltd can be contacted by telephone, we will use email as our method of communication and therefore 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. Fathom Business Solutions Ltd cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. Fathom Business Solutions Ltd will acknowledge all emails within 3 working days.
- Fathom Business Solutions Ltd will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. 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.
- The deposit paid to Fathom Business Solutions Ltd covers the cost of design work carried out as well as any admin work and communication with Fathom Business Solutions Ltd. The deposit is non refundable.
- Fathom Business Solutions Ltd reserve the right to suspend fulfilment of any order pending any dispute regarding payment.
- Fathom Business Solutions Ltd 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 important for the Client to keep in contact with Fathom Business Solutions Ltd throughout the entire Project. If a Client does not make contact for 1 week we will make up to 5 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded.
On completion of a First Test Site or on completion of the Project to specification the Client will be notified and have the opportunity to review it. The Client should notify Fathom Business Solutions Ltd, in writing, of any unsatisfactory points within 14 days of receipt of such notification. Any of the Project which has not been reported in writing to Fathom Business Solutions Ltd as unsatisfactory within the 14 day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed, and additional requests will be chargeable and the balancing payment will become due. The Contract will remain in effect until all obligations have been completed in terms of this Clause.
- If the Client rejects the Project within the 14 day review period, or will not approve subsequent Projects performed by Fathom Business Solutions Ltd to remedy any points reported by the Client as unsatisfactory, and Fathom Business Solutions Ltd considers that the Client is unreasonable in his repeated rejection of the Project, the contract will be deemed to have expired and Fathom Business Solutions Ltd can take any legal measures to recover both payment for the completed Project and reasonable expenses incurred in recovering payment.
Where images used on the website have been purchased / provided by Fathom Business Solutions Ltd on behalf of the Client, these images are licensed strictly for use on the website only. Fathom Business Solutions Ltd 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.
- All copy must be provided by the customer. A charge may be made to cover any additional work involved where copy is not supplied or is not clear, not supplied electronically or suitable.
- Fathom Business Solutions Ltd 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, Fathom Business Solutions Ltd 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.
All hosting offered by Fathom Business Solutions Ltd is limited to 25,000 visitors per month unless otherwise stated in a separate contract. If your site requires more 25,000 visitors we will advise of other hosting solutions which may incur additional charges. All our standard and database hosting packages are in a shared environment and as such it is the client’s responsibility to ensure that any third party systems operate within these technical limitations.
- All mail received via POP3 accounts on our servers should be deleted upon download.
- Fathom Business Solutions Ltd 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 Fathom Business Solutions Ltd.
- Where asked to provide search engine optimisation for a Client, Fathom Business Solutions Ltd do not guarantee any specific placement or high ranking on search engines. Additional Terms and Conditions apply for this service.
- Fathom Business Solutions Ltd will provide the Client with an expected completion date for the Project (live on the internet) if requested. Fathom Business Solutions Ltd 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 Fathom Business Solutions Ltd is purely an estimate.
- It is the Client’s responsibility to check with Fathom Business Solutions Ltd whether Open Source Software is being used or not.
- 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 Fathom Business Solutions Ltd or the Client.
- Fathom Business Solutions Ltd own all intellectual property for design and code of all design, website or database projects unless otherwise agreed in writing. The Client may at any time negotiate for the purchase or license to any design, web or database work. Any unauthorised use of intellectual property will warrant a breach of international copyright laws and be legally actionable. Unless otherwise agreed in writing all design, web and database projects will feature a discreet “Fathom” design credit and weblink. Images purchased by Fathom Business Solutions Ltd are licensed only for use on the client website and are limited to no more than 20 images dependent on the size of the project. Item 17 is subject to item 16.
- All images displayed on the Client's website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Fathom Business Solutions Ltd, they will be the sole responsibility of the Client.
- Domain names will be registered by Fathom Business Solutions Ltd and also registered to Fathom Business Solutions Ltd current address. Although the domain names are registered to Fathom Business Solutions Ltd, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Fathom Business Solutions Ltd will do this within a reasonable timeframe.
- It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Fathom Business Solutions Ltd cannot be held liable for this. However, Fathom Business Solutions Ltd will make reasonable effort to contact the Client regarding domain renewal.
- If the Client does not renew a domain, their domain name could be made available to the public for purchase and Fathom Business Solutions Ltd cannot be held liable for this.
- Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the Client. The Hosting will not be renewed if Fathom Business Solutions Ltd cannot contact the Client or the Client requests for Fathom Business Solutions Ltd to not host this site. This will also affect the domain as per item 20.
- The Hosting renewal charge must be received before the Hosting expiry date. Fathom Business Solutions Ltd 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 Fathom Business Solutions Ltd for reactivating the website/Hosting.
- If the Client does not use Fathom Business Solutions Ltd Hosting services, then the management, reliability, backups and Hosting of the Domain name are the full responsibility of the Client.
- The Host reserves the right to charge £50 for the transfer away of the Customers domain names to an alternative supplier, and fees at the Host’s hourly prevailing rate in order to supply a copy of the site’s source code, database files, or files stored in the web site area.
- Fathom Business Solutions Ltd 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 Fathom Business Solutions Ltd endorsement, or approval of the website or the material contained within the website. Fathom Business Solutions Ltd 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. Fathom Business Solutions Ltd 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.
- Fathom Business Solutions Ltd are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.
- If a Domain name is purchased by the Client through a company other than Fathom Business Solutions Ltd , the Client has full responsibility in making sure that the domain name is renewed when due.
- Electronic or colour laser proofs will be submitted for the Client’s approval and Fathom Business Solutions Ltd shall incur no liability for any errors not corrected by the Client in proofs so submitted. Proofs for items intended for print do not reflect accurate colour representation – third party proofs are recommended at the Client’s additional expense and no responsibility can be taken for proofs not so requested. Changes made after customer approval will be charged for.
- All print orders will be subject to a minimum delivery charge of £5 + VAT.
- Unless otherwise agreed in writing, all design and web projects will be provided as initial concepts, whereby a maximum of 3 sets of concepts / variations thereof will be produced. Further alterations / concepts will be deemed chargeable at the current studio rate.
- Fathom Business Solutions Ltd will take a 1.9% service charge payment on any payments received using a credit or debit card. If this is not acceptable to the client, we also accept BACS and Cheque as an alternative payment method.
- Fathom Business Solutions Ltd makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
- These terms and conditions may be modified by Fathom from time to time without advance notification and a current version will be available for online inspection via the "Our Terms" link on www.fathomgroup.co.uk.