Terms and Conditions

Definitions:

The Client: the company or individual requesting the services of Pentagon Star Ltd.

Pentagon Star Ltd: primary designer / site owner and its employees or affiliates.

Website owner: the company or individual requesting the services of Pentagon Star Ltd.

W3C: The World Wide Web Consortium.

DDA: Disability Discrimination Act.

1. General

Pentagon Star Ltd will carry out work only where an agreement is provided either by email, telephone, or normal post. Pentagon Star Ltd will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Pentagon Star Ltd and the Client, this includes telephone and email agreements.

All prices exclude VAT at the current United Kingdom rate unless otherwise stated.

The price quoted to the Client is for the work specifically agreed on the quotation only. Should the Client decide that changes are required after work on the website has commenced there may be a surcharge. Quotes are valid for 28 days.

2. Website Design

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors either in a programmatical / functional or W3C / DDA compliancy sense, Pentagon Star Ltd cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.

The website, graphics and any programming code remain the property of Pentagon Star Ltd until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Pentagon Star Ltd remain the copyright of Pentagon Star Ltd and may only be commercially reproduced or resold with the express permission of Pentagon Star Ltd.

Pentagon Star Ltd cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Pentagon Star Ltd reserve the right to refuse to construct a website that we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as Pornography and Paedofilia, sites which promote hatred towards persons belonging to any Ethnic group, Religion or Sexual orientation and sites which infringe copyright or are contrary to UK laws.

Any additions to briefs provided will be carried out at the discretion of Pentagon Star Ltd and where no charge is made by Pentagon Star Ltd for such additions, Pentagon Star Ltd accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available to Pentagon Star Ltd as soon as is reasonably possible all materials required to complete the website to the agreed standard and within the set deadline.

Pentagon Star Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Pentagon Star Ltd will not be liable or become involved in any disputes between the website owner and their clients and cannot be held responsible for any wrong doing on the part of a website owner. eg. Any disputes in respect of content/images that have been provided to us for inclusion on the site.

Pentagon Star Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Pentagon Star Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the website, its servers, software or any material provided by its agents.

A deposit of 50% is required before any design work is carried out (unless otherwise agreed), and is non-refundable.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the website, as they have commissioned the work and paid a deposit elsewhere they are still obliged to pay for the work that has been done by Pentagon Star Ltd. Non payment will result in legal action being taken if necessary.

3. Future Support

Your website will be handed over to you as a fully functioning, completed work. Unless it has been agreed beforehand Pentagon Star Ltd is not responsible for future support. Support can be provided upon request for an agreed fee. Your website is offered as a single contract and no guarantee of the availability of future support from Pentagon Star Ltd  is offered unless an ongoing support package has been agreed and purchased.

4. Future Site Problems

Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. It is highly unlikely that these will affect your website, and Pentagon Star Ltd will endeavour to protect it from this as much as we can during its creation, but after the website is handed over to you we cannot be held responsible for problems caused by illegal activity or the actions of others.

5. Access to Client Hosting Space

We may require ongoing access to our clients’ hosting space to allow us to support and monitor their websites. This access is via a user ID and password combination, which the client may change after the website is handed over. If the client chooses to change the password we will no longer have access to the website and further support will not be possible. We cannot be held responsible for any changes made to the website by the client or the client’s agents.

6. Database, Application and e-Commerce Development

Pentagon Star Ltd cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate either in a programmatical / functional or W3C / DDA compliancy sense, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by Pentagon Star Ltd remain the copyright of Pentagon Star Ltd and may only be commercially reproduced or resold with the express permission of Pentagon Star Ltd.

Where applications or sites are developed on servers not recommended by Pentagon Star Ltd, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the Clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to fully test any application or programming relating to a site developed by Pentagon Star Ltd before being made generally available for use in the Public domain. Where "bugs", errors or other issues are found after the site is live, Pentagon Star Ltd will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

7. Compatibility and Compliancy

Pentagon Star Ltd will endeavour to ensure that any developed / designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Versions 7 and 8 and to an acceptable level with Mozilla browsers. Pentagon Star Ltd can offer no guarantees of correct function with all browser software.

If Pentagon Star Ltd are contracted take over the operation and maintenance of any exisiting website, we will automatically advise on the W3C / DDA Compliancy state of that website. If the advice is not taken we will require the Client to sign a disclaimer detailing that you have been so advised and have decided yourself not to go ahead with the recommendations. Pentagon Star Ltd will not be held responsible for any court action against the Client.

8. Search Engine Promotion (SEO)

If SEO has been agreed as part of the contract the Client must be aware that Pentagon Star Ltd are not responsible for ongoing website promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines and their algorithms are changed constantly. While we can optimise your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.

9. IMPORTANT! Failure to Provide Required Website Content

The Client must ensure that we are not delayed as a result of late delivery of the material and content required to complete your website.
This is why we ask that you provide all the required information in advance. On any occasion where we are delayed because you have not provided this information, we reserve the right to impose a surcharge of 25% of the total cost of the work. Also, if your job involves Search Engine Optimisation, we need the text content for your site in advance so that the SEO can be planned, implemented and completed efficiently.

If you agree to provide us with the required information in advance and subsequently fail to do so within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.

10. Conceptualising

Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. This clearly takes a lot of time and for higher cost websites it will be included. For low cost sites (say below GBP1000.00) you should be aware that (unless previously agreed) only one concept is possible. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you do not do this we will design the website appropriately. If it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require or alternatively pick one from our Catalogue

11. Website Hosting

Whilst Pentagon Star Ltd recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Pentagon Star Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

12. Registration Charges

Where Pentagon Star Ltd have registered a domain name on the Client’s behalf we agree to transfer the domain name to the client upon final payment of invoice.

13. Payment of Accounts

The acceptance of a commission quote either verbally or in writing shall be deemed as a contractual agreement between the Client and Pentagon Star Ltd. Your statutory rights are not affected.

A deposit of 50% is required before any work is carried out unless utherwise agreed beforehand. It is the Pentagon Star Ltd policy that any outstanding accounts for work carried out by Pentagon Star Ltd or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with Pentagon Star Ltd.

Once a deposit is paid and work completed the Client is obliged to pay the balance of payment in full. We will contact Clients via email and / or telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Pentagon Star Ltd have not been contacted regarding the delay, access to the related website may be denied and web pages removed. We will then pass such cases to the Small Claims Court to pursue payment. Non payment can result in County Court Judgements (CCJ's) being added to the Clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the Client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

We may also consider referring the matter to Daniels Silverman, our Commercial Debt Recovery and Investigations team before and perhaps instead of court action. If this approach is taken, the outstanding invoice will be subject to a 20% surcharge.

14. Payment Methods

Unless otherwise agreed, payment is only accepted by credit card, BACS transfer (Internet Banking) in UK Pounds Sterling. If your payment is returned by the bank as unpaid for any reason, you will be liable for a "return surcharge" charge of GBP55.00

15. Payment by Credit Card

Credit card payments are accepted via our Paypal electronic invoicing and payment system. These payments are subject to a 5% surcharge. (Your credit card should offer you purchase protection).

16. Cancellation

Should the Client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.

17. Your Privacy

Pentagon Star Ltd operates a very strict confidentiality clause/agreement with its Clients. We will not discuss our Clients' business with anyone outside of the Client's organisational structure. We guarantee not share or sell any of your details to third party companies, without your express permission and we will only email you or contact you about work related matters. We will not use the details to send you unwanted advertising and we will not disclose your details to any third party.

18. Complaints Procedure

Anyone who experiences a problem with their web service provided by Pentagon Star Ltd should raise the matter in writing, giving sufficient information to locate the material (such as a URL) and clearly outlining the grounds for complaint. Pentagon Star Ltd, will acknowledge receipt and ensure that the matter is looked into as soon as possible.

Pentagon Star Ltd will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

An initial response to any complaint can be expected within seven days of its receipt; A full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

19. Visits to Clients premises

At our discretion only, we will visit any premises in the UK free of charge for an initial no obligation consultation. Any further visits may be charged at our standard mileage rate of 45 pence per mile, based on a return journey.

Any time spend on any other job, for example computer setup / repair may be charged at our standard hourly rate of GBP50.00 Per Hour at our discretion.

All our prices are subject to VAT at the current rate.
By agreeing to these terms and conditions your statutory rights are not affected.
Pentagon Star Ltd reserve the right to change or alter any of the above Terms and Conditions at any time and without notice.