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Terms & Conditions

The contract between Takeaway Ordering Systems 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.

1. Definition:

A ‘Project' is any work undertaken or service provided by Takeaway Ordering Systems for the client on their request and as described in our sales order form to that client.
A ‘Client' is a person, persons, business or organisation using any of the services provided by Takeaway Ordering Systems..
‘Domain' is the website address as specified by the client.
‘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.
‘Live website' will be from the date the website is available to the clients.
‘Agreed Keywords’ is the keywords or key phrases agreed for the SEO services.
‘Major Search Engine’ includes Google, MSN, Bing, Yahoo.
‘The Payment Period' shall be the time allowed by Takeaway Ordering Systems for receipt of all money owed to Takeaway Ordering Systems by the client.
· ‘Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).

1.0 Takeaway Ordering Systems 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 within UK law. It is important that the website is not in any way illegal.

1.1 The works to be carried out shall be as set out in the Takeaway Ordering Systems Sales Order Form agreed by Takeaway Ordering Systems and the client.

1.2 Takeaway Ordering Systems will only commence work on a project after receipt of 25% deposit of the quoted project fee from the client. The final 75% payment is to be made on completion of the website. The website will be switched to live once the clients remaining balance is paid in full.

1.3 Takeaway Ordering Systems reserves the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by Takeaway Ordering Systems.

2.0 Where images used on the website have been purchased by Takeaway Ordering Systems on behalf of the client, these images are strictly for use on the website only. Takeaway Ordering Systems 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.

3.0 Takeaway Ordering Systems 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 we 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.

4.0 Takeaway Ordering Systems cannot be held responsible for anything adversely affecting the client's business operation, sales, or profitability that they might claim is a result of a service offered by Takeaway Ordering Systems.

5.0 Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.

5.1 Takeaway Ordering Systems will use reasonable endeavours to ensure that page(s) from the client’s website are ranked within the first page results in at least one Major Search Engine for searches made using:

a) The Agreed Keywords
b) Variations of the Agreed Keywords
c) Other keywords and key phrases relating to the website

5.2 Search Engine Optimisation services shall commence on the commencement date and shall remain in force from year to year thereafter, unless and until terminated by either party giving one months notice expiring any time after. The initial terms unless otherwise agreed in writing is one year.

5.3 Takeaway Ordering Systems guarantee the client's website will appear in at least one major search engine for at least one of the agreed keywords or key phrases, subject always to clause 5.4.

5.4 The guarantees in clause 5.3 are limited as follows:

a) Where clients have failed to implement within 7 working days any recommendations of Takeaway Ordering Systems, all guarantees will cease to apply;
b) Where any changes made by Takeaway Ordering Systems to a client's website are altered, reverted or deleted, all guarantees will cease to apply;
c) Where clients redesign the website (in whole or in part), all guarantees will cease to apply;

5.5 Any changes to the clients website made by the client or on the recommendation of Takeaway Ordering Systems that are altered, reverted or deleted must be notified to Takeaway Ordering Systems immediately, the client may be charged an hourly rate in order to restore these changes with a minimum charge of £50.

5.6 Where Takeaway Ordering Systems fails to achieve a first page ranking in at least one major search engine for at least one of the agreed keywords or key phrases within the initial term of the contract, clients may within 30 days after the initial terms completion claim a full refund of all amounts paid by the client under the search engine agreement. Takeaway Ordering Systems will pay such a refund within 60 days following receipt of the clients notice.

6.0 Takeaway Ordering Systems will provide the client with an expected project completion date if requested. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date.

7.0 It is the clients responsibility to check with Takeaway Ordering Systems that open source software is being used or not.

7.1 We do not charge customers for open source software. If there is a charge for a website using open source software, you are paying for the installation time. Open source software is not owned by Takeaway Ordering Systems or our client.

7.2 Takeaway Ordering Systems own all design and code of the website until all payments has been received in full.

8.0 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 Takeaway Ordering Systems, they will be the sole responsibility of the client.

9.0 Domain names will be registered by Takeaway Ordering Systems and the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Takeaway Ordering Systems will do this within reasonable time.

9.1 It is the responsibility of the client to renew their domain names when due. If a domain name expires, Takeaway Ordering Systems cannot be held liable for this. However, Takeaway Ordering Systems will make reasonable effort to contact the client regarding domain renewal.

10.0 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 we cannot contact the customer or the customer requests for us to not host this site.

10.1 The hosting renewal charge must be received within 30 days of the hosting expiry date. We 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 Takeaway Ordering Systems for reactivating the website / hosting.

10.2 If the client does not use Takeaway Ordering Systems hosting services then the management and hosting of the domain name are the full responsibility of the client.

11.0 Takeaway Ordering Systems has no control of, or responsibility for, the content of our client's web sites. In no way does the textual or image based content of our client's web sites constitute Takeaway Ordering Systems endorsement, or approval of the web site or the material contained within the web site.

11.1 Takeaway Ordering Systems 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. Takeaway Ordering Systems 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 we do not guarantee or warrant that such links will point to the intended client site at all times.

12.0 Takeaway Ordering Systems are not liable for loss, damage or corruption to files or information stored on our servers or individual PC's relating to a client's website. The client is solely responsible for any information or files relating to their website. We are not liable for any events outside of our control ("Force Majeure"). A "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including [failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software attacks or infections,] power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars). Takeaway Ordering Systems has the right to charge for work required as a result of a "Force Majeure" event.

13.0 If a domain name is purchased by the client through a company other than Takeaway Ordering Systems, the client has full responsibility in making sure that the domain name is renewed when due. Takeaway Ordering Systems will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than Takeaway Ordering Systems.