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terms & conditions

Agreement
This agreement is with the customer and Elite Web Design Ltd. ("Elite Villa Web Design" or "Elite"). These terms are specific to the 'Elegance' range of templates. The submission of the on-line 'Order Form' and payment of your first quarterly installment confirms your acceptance of the terms and conditions set out below and as may from time to time be changed.

Deposit
On receipt of your first quarterly installment we will secure your chosen domain name and hosting for the period of one year. The balance is then apportioned over the following three quarters from date of deposit receipt. Where customers already own domain names which they wish to utilize, they must transfer the domain to Elite Villa Web Design control. A domain transfer authorisation number must be supplied to enable Elite to instigate the transfer. Any cost for the transfer will be met by the customer and Elite Villa Web Design are not responsible for any delays in transfer of the domain from 3rd parties. We will select a suitable tried and trusted 3rd party domain and hosting package which should offer 99.9% uptime. No service provider offers 100% as there will be instances of downtime for routine maintenance or unexpected problems. We cannot be held liable for such downtime but will work diligently with the 3rd party to rectify the problem.

Services
On receipt of the returned customer completed pack and photographs we will endeavor to have the first draft of the site published for customer review within one week subject to there being no domain transfer involved. On publishing and following minor agreed changes, Elite will seek the agreement from the customer to ensure their complete satisfaction. If you are not entirely happy with your web site when published we will refund any money paid and remove your site from the web. In addition:

  • Elite shall procure and manage the hosting of the domain name, set-up email (including web mail) and host the published web site for the period of your contract (one year from receipt of deposit).
  • Supply the customer with instruction on the utilization of their owner's control area from where prices, offers, testimonials, faqs, resources can be instantly maintained. It is the customer's responsibility to ensure the accuracy of their pricing, availability and other information displayed throughout the site.
  • Make live any reasonable requested changes to the web site ongoing (e.g. improved pictures, modifications to text etc.). Upon receipt of the change request the customer will be advised of a timescale and the work will be scheduled. Changes to the design or appearance of the web sites are at Elite Villa Web Design's discretion.
  • Elite's policy on change requests to the site template is simply to treat each request on its own merits. As a rule we are usually happy to incorporate changes where they are seen as beneficial to the template.
  • The template is an integrated packaged and as such Elite do not allow for the decommissioning or replacement of individual elements e.g. the availability/quote/booking/owners area and pricing systems.
  • Should the customer require additional pages or changes to the layout of a page, these are out with the normal contract and as such will incur an additional charge depending on complexity. The charge will be agreed before any work commences. Any addition to the site is at the discretion of Elite.
  • Any requests for changes of colour must be supported with exact details of colours required to be changed and a sample of the colour that the change is to.
  • The optional SMS messages to owners mobiles on completion of booking forms are reliant on the networks being used and may therefore not be available to all customers. SMS is only available to single property solutions i.e. where the site is used to advertise one property..
  • Submit your site to all the popular search engines.
  • Provide on-line weekly site statistics.
  • Ensure that the site is spelling and grammar checked, and check daily for broken site links. Where a broken link persists the customer will be contacted to request whether to remove or replace the link.
  • Ensure that site is compliant with W3C standards.
  • While it is impossible to test the site in every available browser, the site has been tested in all major browsers which account for 99% of the browser population.
  • Older versions of browsers may not support all the site features (e.g. cascading style sheets (css)) or individual browsers may not have enabled all the necessary browsers plug-ins or features e.g. javascript, flash or adobe acrobat reader. While this is obviously out of Elite's control the web site has been designed to be functional without ccs, javascript or css which is a major usability benefit to you.
  • Your web site is optimized to look best at the most popular screen resolution (1024 x 768 or greater) but has also been designed to function (without scrolling at 800x600).
  • Provide the customer advice on marketing their villa on the internet (via a marketing pack). The marketing pack is intended for your sole use and the document or its contents can not be reproduced or passed on to any other party without the express written permission of Elite Web Design Ltd. Failure to comply will be considered a breach of contract and your site would be terminated without refund.
  • Failure to pay an agreed installment will be deemed as a cancellation and the web site will be suspended from the internet and services terminated. The customer can cancel or transfer the contract at any stage, however, all received payments to-date will be non-refundable and all first year payments will fall due.
  • This agreement extends to a single 'designated' villa and their owners. Where the owners purchase a new villa either as a replacement or additional villa a new contract would be required. The site cannot be transferred to a new owner on sale of the 'designated' villa unless a separate agreement is reached with Elite Villa Web Design.
  • Elite agree to host a site which markets a single rental property (unless by separate agreement) and Elite's expectation is that this will attract and average amount of website traffic. In the event that traffic continually exceends the average single property traffic Elite reserve the right to review the contract and pass on additional traffic charges.
  • The villa owner cannot use the website far any other purpose than to advertise a single villa (unless by prior agreement).
  • Elite Villa Web Design reserves the right to terminate your contract at any time without notice or reason. In this event (within the first contracted year) the cost of producing your web site would be returned in full and the site removed from the web. Out with the first year your annual hosting fee would be repaid in full and your site removed from the web. Any domain name selected or transferred by the customer will remain the property of the customer at all times. There would be no transfer fee should the customer request a domain transfer to another host. Where a customer does not transfer their domain name to another host the domain will expire at the end of the contracted year.
  • Elite Villa Web Design reserves the right to to levy additional charges should website traffic increase disproptionately to the number of properties advertised (typically 1) to cover additional server costs.
  • From time to time, new features may become available to your existing template. In this event, Elite will notify you of the enhancements to your sites functionality.
  • Where older sites become unsupportable because of technological reasons Elite reserve the right to move the customer onto the latest template.
  • From time to time, Elite Villa Web Design will introduce new templates which may have technologies and features which are exclusive to the new templates. Where applicable existing customers may be offered the opportunity to transfer from their existing template to a new template for a one-off administrative transfer fee. All other terms and conditions remain unaffected by an agreed transfer between templates.
  • Failure to return a completed villa details pack within a year of order will deemed as a cancellation and as such no refund of deposit or monies paid to date will be given.
  • Upon receipt of an order, the 1st installment is non refundable irrespective of whether the site is subsequently cancelled.
  • For the avoidance of doubt, all web site code, process, graphics, pictures etc. remains the property of Elite Web Design Ltd. and can neither be accessed by the client themselves nor transferred to another host. The customer has the right to re-use their selected domain, original supplied pictures and any original text. For the avoidance of doubt, any disputes over copyright regarding a customer's domain, pictures or text will be a matter for the customer to resolve with the complainant. Any complaints received in this regard by Elite will be passed on to the customer for resolution.
  • In order for Elite to maintain copyright, trademarks and other intellectual property etc the link at the bottom of each page to Elite Villa Web Design Ltd is mandatory.
  • For the avoidance of doubt, all web site code, process, graphics, pictures etc. remains the property of Elite Web Design Ltd. and can neither be accessed by the client themselves nor transferred to another host. The customer has the right to re-use their selected domain, original supplied pictures and any original text. For the avoidance of doubt, any disputes over copyright regarding a customer's domain, pictures or text will be a matter for the customer to resolve with the complainant. Any complaints received in this regard by Elite will be passed on to the customer for resolution.

Contract Extension
After one year from the set-up of domain/hosting we will require 200/$375 (subject to RPI) paid in advance, to ensure the continued maintenance of the domain, hosting, new features and user requested changes for the next contracted year. Where a customer does not wish to renew their contract they must notify Elite 30 days prior to annual renewal in writing. Where Elite Villa Web Design are not notified of contract cancellation within the specified time the customer will be liable for the next years domain and hosting fees (200/$375). Where a customer does not renew their contract the domain name and hosting will be terminated without further notice and the site will no longer be available to the world-wide-web. Any subsequent re-activation will incur a one off charge of 100/$180 together with the outstanding annual fee.

Law
This contract is subject to and shall be construed in accordance with the laws of Scotland and all parties hereby submit to the exclusive jurisdiction of the Scottish Courts.