Terms

Services

  1. The company agrees to provide website design, hosting and support services to local authorities in accordance with our service level agreement.
  2. The company provides support via a ticket service. We aim to answer urgent ticket queries within 1 hour and non urgent within 24 hours. Support requests should be made via a support ticket instead of telephone or email.
  3. The company will periodically update the software that the website relies on. From time to time we may change the software completely in the event that it becomes obsolete. Doing so may change some functionality.
  4. The company will backup all websites at regular frequencies.

Fees

  1. We generate invoices 30 days before the due date. The Council agrees to pay the fees within 30 days from the invoice due date by either bank transfer, card or cheque in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and  the Government Prompt Payment Policy. We reserve the right in accordance with the same policy to charge a fixed fee (£40 for debts below £999 and £70 for debts in excess of £1000) in addition we also reserve the right to charge daily interest at 8% above base on invoices that are overdue by more than 30 days. Payments by cheque should be made with consideration given to the postage time. Please contact us if you anticipate any difficulties in making payment.

Term

  1. Annual fees are payable for 12 months in advance. Termination notice can be served via email or support ticket no less than 60 days before the renewal date.

Council Responsibilities

  1. The Council are responsible for any content provided to the company or uploaded to the website both in terms of accuracy and compliancy with applicable regulations.
  2. The Council agrees to inform the company of any changes in contact details within 7 days
  3. The Council agrees not to install additional software nor in anyway modify or reverse engineer any code without the written permission of the company. This includes plugins. If a plugin is required that isn’t part of our standard offering then please open a support ticket to request that it be added. If  the plugin is actively updated and secure then we will install it on your behalf. Plugins, unless compliant and actively updated by the Author pose a security risk not just to the website that they are installed on but also to the other websites on the server, hence this condition exists for the security of all our users.
  4. The council agrees to ensure that all passwords are updated and kept secure

Ownership

The following shall remain the property of the Council

  1. Domain name
  2. All content including documents, images, text, logos and graphics
  3. Any content uploaded to the website is the responsibility of the Council, including any copyrighted material.

All rights relating to software, HTML, PHP and other software that enables the operation of the website shall remain the property of the company (NetWise). The Council may not backup and reuse the NetWise theme without express written permission.

Limited Warranty

  1. The Company warrants that for a period of 90 days from the date of first making the website live on the server, the coding of such Website shall be reasonably HTML- compliant and also compliant with WCAG2.1aa. Notwithstanding the foregoing, the sole and exclusive remedy for a breach of the warranties contained in this clause shall be that the Company shall replace the nonconforming coding to make such website reasonably HTML-and WCAG 2.1aa compliant.
  2. The Council acknowledges that HTML is a standard that is continually improved and changed and as a result, not all browsers used by third parties to access the internet may implement HTML in the same way. Variations in HTML coding associated with  browsers shall not be the basis for a claim of breach of the Company’s warranty. The Council further acknowledges that content provided or added by the Council that negatively affects WCAG 2.1aa compliance shall be the Councils responsibility.

Limitation of Liability

  1. The Company’s liability to the Council for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to 100% of the annual fee paid on the last renewal date.

Limitations of Service

  1. Please refer to our Service Level Agreement

Termination

Either party may terminate the agreement giving no less than 60 days notice before the annual renewal date. Upon termination, the company will provide upon request a full back up of the councils data (excluding the the NetWise theme).

General

  1. No part of this agreement is intended to create a partnership or joint venture of any kind between the parties, neither does it authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
  2. Any changes to the account will only be effected by the nominated contact as per the details held in our customer portal. In the event of resignation, sickness or death of the contact, we will request confirmation (via individual emails) of the details the new contact from both the Chair and the RFO. This includes removal or suspension of email addresses, password changes, account upgrades and downgrades or any request that requires material changes to the services provided by the company.
  3. Support should be requested by ticket. This allows us to log and action the support requests in a timely manner and provides a record for both parties. We wont respond to support via email, online chat or phone unless by prior agreement or in the event of an emergency. Only the nominated account contact should request support as often this involves material changes.

Complaints

At NetWise UK, we are committed to providing high-quality online services to  Councils across the United Kingdom. We value your feedback and take your concerns seriously. If you wish to make a complaint then please read our complaints policy.