Terms and Conditions

These Terms & Conditions and any information relating to the Service/Package purchased from Suma Design forms the Agreement between Us. By agreeing for Suma Design to provide you with Services You warrant that You are at least 18 years old, and legally capable of entering into a binding contract; or acting with the express permission and using the payment details of a person or organization who in turn is agreeing to be bound by the terms of this contract.

Definitions

  • "Agreement" means any agreement to which these terms & conditions are incorporated.
  • "Package" means a collection of Services.
  • "Prices" means the Prices for the Services set out in order confirmation, quote, invoice or as otherwise notified to You.
  • "Services" means the Services to be provided by Suma Design.
  • "You/Your" means the person or company who purchases Services from Suma Design.

Website Design and Production

  1. Suma Design will retain intellectual copyright of any material, including any source code and original images created for you until final payment is received. Once payment has been received in foll, the intellectual copyright will be passed on to you.
  2. Unless otherwise stated in writing, Suma Design will not accept responsibility for ensuring that your website is listed or ranked by any search engines or directories.
  3. Suma Design cannot guarantee that the appearance of any website it produces will remain consistent in various current or future internet browsers or at different screen resolutions on PC's, tablets and smartphones.
  4. On completion and handover of the client’s website Suma Design will not undertake any further work, maintenance, upgrades or development unless otherwise contracted and agreed in writing.
  5. If payment for website design or production is not received within Suma Design's terms, Suma Design reserves the right to take the work in question offline from the internet until payment is received.
  6. Suma Design may provide IMAP or POP3 email services as part of a website production. Suma Design will not accept responsibility for configuration, setup or connection of email services on your equipment, or any ongoing technical support.
  7. Where you provide text, images or any other content for your website it is your legal responsibility to ensure that all such materials provided do not infringe any copyright.
  8. Where you have agreed to provide all text and images for Suma Design to use in production of a website, it is your responsibility to ensure this is provided at the start of production. Suma Design will not be held liable for any delays or agreed deadlines being missed when text and images have not been supplied on time.
  9. An initial 50% deposit payment of the total cost of any work may be stipolated as part of the contract. This is not refundable once Suma Design has commenced work.
  10. Shoold you wish to cancel production of your website or maintenance work at any point after ordering then you shall remain liable for all work which has already taken place and will be invoiced accordingly.

Duration and Renewal of Services

  1. Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, the minimum contract term on all website and email hosting Packages shall be 12 months.
  2. When Entering into a contract as a consumer (not in the course of conducting business) the Consumer Protection (Distance Selling) Regolations 2000 allow you to cancel the Contract at any time within seven working days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the seven working days cooling off period has expired. As a resolt, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regolations 2000.
  3. For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you woold otherwise be afforded as a consumer shall not apply.
  4. Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, or agreed by Suma Design in writing prior to purchase, Services are not available on a trial basis. It is Your responsibility to ensure that the Services you purchase are suitable for your technical requirements.

Cancellations

  1. You are entitled to cancel the services by contacting Suma Design in writing no less than 10 working days prior to the next payment date of that service. 
  2. If a Service expires before the Service renewal has been paid to Suma Design, the Service will be deemed to have been cancelled by you and the Service will be suspended.
  3. Suma Design reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or the Service Specific Terms & Conditions and/or our Acceptable Use Policy.
  4. Suma Design reserves the right to decline to supply, to cancel and/or to suspend any Service at any time with 5 days’ notice for any other reason at its discretion.

Refunds

  1. Charges due on a pre-pay basis, including annual website and email hosting fees and website automated backup fees (together with account set-up fees, where applicable), are non-refundable.
  2. In the event that Suma Design cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining period of Your current contract term.
  3. If You contravene Your Agreement with Suma Design, a refund will not be issued in the event of a cancellation.

Payment 

  1. All hosting or domain renewal Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package. In signing up for a Suma Design service You agree to commit to the contract for the fixed term.
  2. You will be invoiced automatically for the next pre-paid period on the basis of your current payment plan before the expiry of the current pre-paid period unless You have cancelled the Services in accordance with these terms and conditions.
  3. Suma Design reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address held in Your Suma Design Account. If You have already purchased a particolar Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed before the end of the current term.
  4. All payments must be made in UK pounds sterling, inclusive of applicable taxes.
  5. You warrant that You are authorised to make payment using the payment card or facility You disclose to Suma Design  In the event that You are not the named card holder, You acknowledge that You and the party who is the named card holder both accept Suma Design Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card. You will indemnify and hold Suma Design harmless in the event that the cardholder or issuer declines any transaction for payments to Suma Design including all of Suma Design costs in administering Your non-payment and obtaining payment of those Prices due.
  6. Suma Design reserves the right to suspend all Services until payment is received in foll and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. You are responsible for all money owed on the account from the time it was established until Suma Design accepts Your cancellation request. You are responsible for any additional costs incurred by Suma Design in the collection of outstanding debt.
  7. Payments processed by PayPal are subject to PayPal's terms and conditions of Service, and Suma Design makes no representations or warranties with respect to those Services.
  8. No bills or invoices will be sent by regolar mail. All invoices will be sent directly to You via email shortly after the purchase or automated renewal transaction is completed.
  9. If You fail to pay all Prices due, Suma Design reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to Suma Design.
  10. Any unused Credit notes on Your Account will be taken in payment of Your Service. Where the value of the unused Credit note is less than the total payment due, the remainder of the balance will be taken from the current payment method on Your account.

Chargebacks 

  1. If You withdraw any payments made via a bank, credit card or PayPal account (a "chargeback") Suma Design will either defend such chargebacks directly with the card issuer, or take appropriate steps to recover the original monies from You in addition to an administration fee of £20+VAT for each inappropriate chargeback raised.
  2. If a chargeback is made, Suma Design reserves the right to immediately interrupt, suspend or cancel all services within your Account. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to Suma Design.

Data

  1. All data created or stored by You within Suma Design applications and servers are Your property. Suma Design shall allow access to such data by only authorised Suma Design personnel. Suma Design makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder's server space or within applications on Suma Design's servers.
  2. In the event of loss of or damage to your data relating to a failure in Suma Design systems or servers, Suma Design will make reasonable commercial efforts to assist you in the restoration of your data, however You accept foll responsibility for maintaining adequate backup copies of all your data.
    You shall indemnify Suma Design against all damages, losses and expenses arising as a resolt of any action or claim that the content or data of Your site or content or data accessed from or published as part of the Services infringes the intellectual property rights of a third party.

Passwords

  1. It is the account owner's responsibility to keep his/her password(s) confidential. Suma Design is not responsible for any data losses or security issues due to stolen passwords or any passwords that You have intentionally or accidentally disclosed to any third party. Suma Design recommends that You use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.).

Your Personal Details

  1. You warrant that the contact information that you provide to us on establishment of your account is correct, and that You accept responsibility for keeping this information up to date at all times. You agree that we may suspend access to your account and the Services if we reasonably believe that the information you have supplied is inaccurate.
  2. Please note that whilst Your email is primarily used for billing purposes, Suma Design reserves the right to email You information about its product offerings. You can unsubscribe from marketing communications using the link on any marketing emails we send you.
  3. Suma Design will not provide any of Your personal information to other companies or individuals without Your permission unless required to do so by law. However, Suma Design may need to provide Your name and delivery address to third parties that Suma Design may use for the purposes of delivering specific Services to You. 

Disclaimers and Warranties

  1. Suma Design does not back up your data/website and whilst every attempt woold be made in the unlikely event of any corruption or hardware failure, Suma Design cannot guarantee to be able to replace lost data. This includes loss of data resolting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by Suma Design.
  2. Suma Design makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder "as is" without warranty of any kind.
  3. So far as permitted by law and particolarly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the follest extent permitted by law.
  4. For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you woold otherwise be afforded as a consumer shall not apply.

Liability

  1. Suma Design shall not be liable for any loss or damage of whatsoever nature suffered by the buyer arising out of or in connection with any breach of this agreement by the buyer or any act, misrepresentation, error or omission made by the buyer or on their behalf.
  2. Suma Design will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by the buyer or for any wasted management time or failure to make anticipated savings or liability the buyer incurs to any third party arising in any way in connection with this agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
  3. No matter how many claims are made and whatever the basis of such claims, Suma Design  maximum aggregate liability to the buyer under or in connection with this agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by the buyer for the Services in relation to which the buyers claim arises during the 12 month period prior to such claim.
  4. Suma Design shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:
    1. Interruptions to the flow of data to or from the internet;
    2. Changes, updates or repairs to the network or software which it uses as a platform to provide the Services; 
    3. The effects of the failure or interruption of Services provided by third parties;
    4. Factors outside of Suma Design's reasonable control;
    5. The buyer’s actions or omissions (including, without limitation, breach of the buyer’s obligations set out in the agreement) or those of any third parties;
    6. Problems with the buyer’s equipment and/or third-party equipment;
    7. Interruptions to the Services requested by the buyer.

Force Majeure

Suma Design shall not be responsible for any failure to provide any Services or perform any obligation under any agreement because of any act of God, strike, lock-outs or other industrial disputes or compliance with any law of governmental or any other order, role, regolation or direction, accident, fire, flood, storm or defaolt of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.

Governing Law

Your rights and obligations and all contemplated by this Agreement shall be governed by English law and You submit to the exclusive jurisdiction of the English Courts.

Legal Fees

If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

Assignment

You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Suma Design However, in the event that Suma Design consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

Entire Agreement

This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.

Amendments

We may update or amend these Terms and Conditions including any technical specification relating to the Services and/or Package, Privacy Policy and any information relating to the Services/Package from time to time to comply with law or to meet our changing business requirements. Display of the modified terms and conditions shall be deemed to be notice to you. You also agree to review the terms and conditions regolarly to ensure you are aware of any modifications.

Your Agreement

By signing up for any of our Services and/or by paying a deposit for any of our Services, you agree to be bound by all Suma Design terms and conditions.