Disclosure

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Disclosure

By placing an order or by being an ongoing client with Thirteen, you confirm that you are in agreement with and bound by the terms and conditions below.


Definitions:

The Client : The company or individual requesting the services of Thirteen.
Thirteen: Primary designer/site owner & employees or affiliates.

General
Thirteen will carry out work only where an agreement is provided either by email, telephone, mail or fax. Thirteen 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 Thirteen and the client, this includes telephone and email agreements.

Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Thirteen cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

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

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

Thirteen cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any coding additions to website briefs provided will be carried out at the discretion of Thirteen and may carry an additional cost. Where no charge is made by Thirteen for such additions, Thirteen 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 as soon as is reasonably possible to Thirteen all materials required to complete the site to the agreed standard and within the set deadline.

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

Thirteen will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

Thirteen 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.

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

Thirteen will not be liable for any costs or charges incurred as a result of a malicious attack by a third party re any malware, hacked site or loss of personal or financial details, including credit/debit card details or any resultant fraudulent behaviour. We always advise clients to ensure that client websites are kept up to date with the latest protocols, plugins and versions of WordPress, javascript and php. Quotations and emails may be sent to you to this effect re any updates that may be required to your website or application. It is usually strongly recommended that you reply to any such emails to avoid any potential vulnerabilites that could be exploited in a malicious way as outlined in this paragraph.

In no event shall Thirteen be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.

•  In the absence of any negligence or other breach of duty by us, your use of our client website’s is entirely at your own risk.

•  If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.

•  We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.

A non-refundable deposit of 50% is usually required with all of our projects before any design work will be carried out, unless agreed otherwise with Thirteen.

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 site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.

Database, Coding, Applications and E-Commerce Development
Thirteen 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, 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 Thirteen remain the copyright of Thirteen and may only be commercially reproduced or resold with the permission of Thirteen.

Where applications or sites are developed on servers not recommended by Thirteen, 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 test fully any application or programming relating to a site developed by Thirteen before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Thirteen will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

All right, title and interest of every kind and nature, whether now known or unknown, in and to any Intellectual Property created, written, developed, furnished or produced by us during the term of the agreement / project, whether alone or jointly with others and whether or not during work hours, that are within the scope of the agreement or any applicable Statement of Work shall be the exclusive property of the client.

Compatibility
Thirteen 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/Edge, Safari, mobile web browsers and with Mozilla browsers, such as Firefox. Thirteen can offer no guarantees of ongoing correct function with all browser software as they constantly change and site owners may add their own content that we have no control over.

Website Hosting
Whilst Thirteen recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Thirteen 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.

Thirteen reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise. Web hosting payments are non-refundable.

Website Optimization
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites.

We use ‘white hat techniques’ when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.

Thirteen reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Thirteen policy that any outstanding accounts for work carried out by Thirteen or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Thirteen.

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

If accounts are not settled or Thirteen 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 judgments (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.

Informal complaints procedure

Anyone who experiences a problem with their web service provided by Thirteen should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

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

Formal complaints procedure:

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Thirteen, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

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.

Privacy Policy

What information do I collect?

I collect information from you when you request a quote, email me, place an order, subscribe to my newsletter or fill out a form. When ordering or completing a form on this site, as appropriate, you may be asked to enter your: name, e-mail address or phone number.

What do I use your information for?

Any of the information collected from you may be used in one of the following ways:

To send periodic emails
The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions
To contact your web hosting company about your project. This may include accessing your web hosting control panel or other related accounts
I may share your information with web hosting support services for testing and problem resolution
I may share your information with programming contacts of mine to assist with any coding or testing issues

Do I disclose any information to outside parties?

I do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. I may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Online Privacy Policy Only

This online privacy policy applies only to information collected through thier website and not to information collected offline.

Your Consent

By using our site, or completing my contact form you consent to our web site privacy policy. Changes to this Privacy Policy If I decide to change this privacy policy, I will post those changes on this page.

Contacting Me

If you would like to contact me to ask what information I hold on you, or to request that I delete or amend it please contact me. Similarly if there are any questions regarding this privacy policy you may contact me using the email address admin[at]thirteen[dot]space.

 

Additional information

Comments Policy

Comments deemed to be spam or solely promotional in nature will be deleted. Including a link to relevant content is permitted, but comments should be relevant to the post topic.

Affiliate Disclaimer

Some of the sections of this site will allow you to purchase different products and services online provided by other merchants, and not us. Some of the links that we post on our site are “affiliate links.” This means if you click on the link and purchase the item, we will receive an affiliate commission.*

We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. In addition, a merchant will likely have privacy and data collection practices that are different from ours. If you make a purchase from a merchant on their site or on a site that we have posted a link to, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your name, e-mail address, street address, telephone number, and credit card number, may be collected the merchant and us. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

*Disclosed in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

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