Website Builder
Website Builder Plan Terms and Conditions
Easywebsites a web portal of the website development division of ICCM. By purchasing the website builder plan you agree to the following terms and conditions, and any policies or amendments that may be necessary from time to time. If we need to update the Terms and Conditions of Use in the future any updates will appear on this page.
The website builder plan offers an easy to use console whereby a person(s) can create their own website with or without payment processing online shop options such as paypal and/or Google Checkout functionality. No design or programming knowledge or skills are required to use the web builder console
The Website Builder Hosting Plans include access to the website builder console, designs and images and a generic web address for the website. A domain name is not included, if you require a unique domain name for the website, this can be purchased separately at www.iccmhosting.com.
When you purchase a website builder hosting plan, you are entering into a licence agreement to use the website builder software and you become the website licencee. The website Licencee agrees to be responsible for maintaining backup copies of the website contents. Easywebsites, ICCM are not liable for maintaining backup copies of said materials. However a backup service is available on request.
Easywebsites, ICCM cannot be held responsible where a browser or PC does not match the minimum requirements of a website nor do we provide technical support in respect of any configuration required by any computer or filtering software or any other type of software or hardware in order to enable the website to be displayed on a single computer.
The website builder plan is offered at a highly competitive price which represents a low margin for ICCM. The fee does not include provision for prolonged negotiations over colour, images, design or functionality, the fee does not include any consultation services or additional functionality for the website, the client should be clear in their requirements before purchasing the plan and should contact ICCM if in doubt over any of the terms or services included in the plan. Easywebsites, ICCM does not carry out any additional chargeable work without the consent of the client. In respect of this the website design elements are determined by the template chosen.
The time of highly trained web developers is restricted, in order to reduce the costs for the client, face to face meetings do not normally take place with most consultation taking place by phone and email, if a face to face meeting is required by the client this will be charged at the ICCM project management daily rate.
The website builder is a free value added service included with website hosting plans. A recurring fee is charged for website hosting (Internet Publishing) and the ongoing licence of the web builder console software. This is purchased during the signup process. If any other Domain name types or hosting plans are required these can be arranged separately with ICCMHosting.ie
or during the sign up process.
The client agrees to abide by the hosting and domain name terms and conditions of ICCM. These can be found at www.iccmhosting.com
Easywebsites, ICCM will provide you with logon credentials for your website builder console and online ICCM account, you are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur with your account. You agree to notify us immediately of any unauthorised use of your account or password or any malicious activity. Easywebsites, ICCM cannot be held liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password confidential.
Content Management System(CMS) is provided by the website builder console and allows the client to make amendments and changes to the website at any time. The client is responsible for familiarising themselves with this system prior to ordering the web site builder plan. Website creation, CMS training or instruction is not included in the cost of the plan, however there is an online help facility available .
Website content management -If the client chooses to update the website themselves ICCM accepts no liability for any changes you or another person may make to the website which may impact on its listing in Google or any other search engine or any changes to the website which may result in unexpected results or undesired changes to the design. Any undesired changes which require ICCM to remedy will be charged at ICCMs standard website maintenance and update fee rates.
The Website Builder Plan has no set up cost for the creation of the website or minimum contract term.
CONFIDENTIALITY:
Client and Easywebsites, ICCM may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party except to the extent any disclosure is required by law. Confidential information shall not include information that:
1. is already known to the party to which it is disclosed;
2. is or becomes part of the public domain without breach of this Agreement;
3. is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement
PAYMENT SCHEDULE:
Any additional work agreed between the client and Easywebsites, ICCM payment shall be made by the client to ICCM within 30 days of any invoice being issued by ICCM to the client.
DUE DATES:
Easywebsites, ICCM agrees to deliver samples of design. Easywebsites, ICCM will make every effort to meet the agreed upon due dates.
WEB DEVELOPER CREDITS:
Client agrees to allow ICCM copyright credits, Client shall allow Easywebsites, ICCM to claim credit for services rendered by placing small links at the bottom of each web page. The client also agrees that Easywebsites, ICCM may feature a small image of the website design and a link to the website in its portfolio.
ASSIGNMENT OF WORK:
Easywebsites, ICCM reserves the right to assign other equally experienced designers, developers or subcontractors to the web-site work to ensure quality and completion by due dates.
RESERVATION OF RIGHTS:
All rights not expressly granted hereunder are reserved to Easywebsites, ICCM, including but not limited to all rights in sketches, comps, demo-screens and development resources.
Easywebsites, ICCM assumes that the client has appropriate permission to use and publish any material supplied by the client and the client shall indemnify and hold harmless Easywebsites, ICCM against any and all claims, costs and expenses, including legal fees, due to materials included in the website at the request of or by the client for which no copyright permission or previous release was requested or uses which exceed the uses permitted pursuant to a permission or release.
The client understands that the content of the web pages, graphics, photos, diagrams and images are the sole responsibility of the person from which such content originated, the client should ensure that any materials supplied are not copyrighted and any permissions have been sought from the material owner as appropriate. Easywebsites, ICCM reserves the right to refuse or move any content if necessary.
You agree that you are responsible for any content that you create, transmit or display on the website and for any consequences resulting from abusive, derogatory or otherwise negative material published on the website or associated with it. You agree to publish material on the website only for purposes that are legal, proper and in accordance with the Terms and conditions of your hosting agreement and any applicable policies, legislation, rules or guidelines. The client agrees not to engage in any activity that interferes or disrupts Easywebsites, ICCM, its servers or networks or and servers and networks it is associated with.
Pornographic, offensive, hate, discriminatory, defamatory, racist, libelous or any other material deemed to be offensive by ICCM is not permitted to be published on the website.
The client is strictly prohibited from distributing or making available on the website any copyrighted material without the copyright owners consent.
The client is strictly prohibited from using the website or its associated hosting plan to facilitate impersonating or falsely representing or identifying themselves as any person, business or entity or to misrepresent any affiliation or association with any person, business or entity.
Any Account holder who engages in any of the above activities resulting in any damages or losses to ICCM or any third parties shall be responsible for such damages and losses, including any costs involved in disputing or collecting such damages and losses. Accounts found abusing the above Terms will be terminated and all data immediately deleted with no refund.
Intellectual Property Rights - When providing or uploading images and content for the website the client certifies that they own the rights to all such content and images or have permission to use such content and images. Any complaints that the web-site features content belonging to third parties will be investigated and the third parties will be advised that the website will be removed if a court order instructs Easywebsites, ICCM to do so. All correspondence should take place between the third party and the client in the first instance. The client will be held responsible for and accept responsibility for all material available via the web site.
ICCM retains copyright over the website, ICCM licences use of the website to the client for a recurring fee as agreed between the client and ICCM. The Client must not copy, de-compile or re-use any of the website design without ICCMs prior written consent. Copyright on code and design elements is in ICCM’s name. Web site domain name, Client logos or trademarks and other unique content uploaded by the client are in the name of Client.
ICCM reserves the right to alter, change or amend any aspect of the website builder plan offering at its own discretion, without notice.
PUBLICATION:
Client shall not use the name of Easywebsites or ICCM in any advertising or publicity without prior written approval of ICCM.
COPYRIGHT NOTICE:
ICCM retains copyright over the website, ICCM licences use of the website to the client for a recurring fee as agreed between the client and ICCM. The Client must not copy, de-compile or re-use any of the website design without ICCMs prior written consent. Copyright on code and design elements is in ICCM’s name. Web site domain name, Client logos or trademarks and other unique content uploaded by the client are in the name of Client.
WEBSITE DESIGN TERMINATION:
Either party may terminate Agreement by giving 30 days written notice to the other of such termination. ICCM shall own all rights to website work (except unique content uploaded by the client).
Client and ICCM are independent parties and nothing in the terms and conditions of Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the client or Easywebsites, ICCM has any authority to assume or create any obligation or liability, either expressed or implied, on behalf of the other.
Agreement shall be governed by and construed in accordance with laws of Ireland and Europe applicable therein.
The client agrees that by purchasing the website builder plan to be bound by the terms and conditions of this agreement on behalf of their organisation or business
Easywebsites, ICCM cannot be held responsible for Google or other search engine placements where the client changes the original design content or website metadata.
A search engine can take up to 1 to 2 months to include a website in its index and show the website as a listing. ICCM endeavour to expedite this process but can not be held accountable for delays in search engine listings
All communications concerning services and renewals will be sent to the email account provided by the client when ordering the service. It is the responsibility of the client to ensure that an up-to-date email address is maintained on the ICCM account.
After the website launch, any additional amendments, maintenance or changes to the website requested by the client and to be carried out by ICCM personnel will be subject to a separate fee which will be agreed between the client and ICCM prior to the work commencing.
Easywebsites, ICCM may transfer its rights or obligations or both to a third party without consent provided that Easywebsites, ICCM notifies the client within a reasonable timespan.
Easywebsites, ICCM hereby grants the client a non-exclusive, non-transferable license to use the website builder console, designs, functions and features. The client is not granted any right to copy or re-use any element of the design or to use or host these on computer equipment other than the web servers controlled and used by ICCM.
If for any reason you are unsatisfied you may log a complaint by accessing the support system of the ICCM members area. The client should not criticise the service provided by ICCM in public without first allowing ICCM the opportunity to amend the situation.
CANCELLATION:
Website accounts are entitled to a 14 day money back guarante,Monthly payment plans are not eligible for a refund under this guaranteee. This guarantee begins the day your account becomes activated. If you wish to cancel your account and receive a full refund within 14 days of the date you signed up, please send us an email or letter containing your account details and the hosting plan that you wish to cancel, the email should contain the word "cancellation" in the subject field. Emails will only be accepted from the email address that you have listed on your account profile. This 14 days does not include extra services you contract us to process such as add-ons, name servers, programming work, web design, maintenance or domain name registration. The refund does not include any set up fee that may have been charged. Monthly payment plans are not eligible for a refund under this guarantee. A client may avail of the money back guarantee on a single occasion only, if a client applies for further web hosting plans the start date for the guarantee is deemed to be the date that the account was originally activated. If a domain name has been registered free of charge or at a reduced rate and a cancellation request is received before the necessary qualifying sign up period has elapsed, the full cost of the domain name registration will be deducted from any refund.
Domain name registrations are carried out on behalf of domain name registrars and therefore all domain registrations are NON-REFUNDABLE. Domain names will be transferrable only after the 14 Day Guarantee period has ended. The full domain name registration fee will be deducted from any refund if a domain name was registered as part of a special offer at a reduced price or free of charge and the terms of the special offer have not been met by the customer. For the absence of doubt if you receive a free or reduced price domain name and you cancel the web plan before 12 months is complete the full registration cost for the domain name will be charged to your account
Domain name registrations are non-refundable. Refunds or returns are for credit only unless you qualify for the 14 day guarantee. We will process and apply credits or refunds within 30 days of submission. Refunds for annual plans will be treated as pro-rata monthly terms. The annual account rate will be adjusted to the monthly rate, past and current usage deducted at that rate, and the remainder returned.
For more information about websites, hosting or domain names please see the Easywebsites, ICCM knowledgebase or Frequently Asked Questions - FAQ click here