Terms of Service (TOS)
Congratulations on choosing Gordhan Enterprises Ltd.
- Acceptance of Terms
This Terms of Service (TOS) agreement is between you (Client) and Gordhan Enterprises Ltd; UK Registered Company Number , a private limited liability company, and its legal successors and assigns.
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using Web traffic services, including but not limited to, submission of content to Gordhan Enterprises Ltd’s design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Client’s electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.
Gordhan Enterprises Ltd provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS at https://gordhan.uk/legal-terms/. Failure to comply with the TOS may result in account termination. By using Gordhan Enterprises Ltd’s services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Client’s account within 5 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and Gordhan Enterprises Ltd is instructed to commence work on the Client’s website as if Client had expressly accepted the TOS.
Client’s acceptance of the TOS is binding upon all Gordhan Enterprises Ltd services including the purchase of additional services or additional websites or accounts at a later date.
- Description of Service
Gordhan Enterprises Ltd designs and hosts websites and provides other website-related services, including, but not limited to, support and modification of websites, e-commerce, flash, web-traffic reporting, database development, easy interface for updating the website, email accounts and additional website-related services. Client understands that Gordhan Enterprises Ltd’s services may include certain communications from Gordhan Enterprises Ltd such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to Gordhan Enterprises Ltd’s services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access Gordhan Enterprises Ltd’s services.
- Electronic Delivery Policy
Gordhan Enterprises Ltd is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from Gordhan Enterprises Ltd any notices, agreements, disclosures, or other communications (Notices). Client agrees that Gordhan Enterprises Ltd may send electronic Notices in either of the following ways 1) To the email address provided to Gordhan Enterprises Ltd at the time of sale or 2) to the new email address account Client set up through Gordhan Enterprises Ltd. Client agrees to check the designated email addresses regularly for Notices. Notice from Gordhan Enterprises Ltd is effective when sent by Gordhan Enterprises Ltd, regardless of whether the Notice is read or received by Client.
- Call Monitoring and Recording Privacy Statement
As part of Gordhan Enterprises Ltd’s commitment to providing the best possible service Gordhan Enterprises Ltd may monitor and record phone calls answered by Gordhan Enterprises Ltd and made by Gordhan Enterprises Ltd. Gordhan Enterprises Ltd may also archive recorded voice mail messages. Gordhan Enterprises Ltd records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows Gordhan Enterprises Ltd to identify how Gordhan Enterprises Ltd can better serve its customers.
- Unacceptable Practices
As Gordhan Enterprises Ltd strives to offer the very best service, there are certain guidelines and policies that must govern Gordhan Enterprises Ltd’s efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of Gordhan Enterprises Ltd’s services. Such decisions are at the sole discretion of Gordhan Enterprises Ltd. Unacceptable practices include, but are not limited to:
- Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
- Sexually oriented products or services (e.g. escort services), or other sexually oriented material
- Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
- Fetish websites
- Lingerie websites
- Offensive or otherwise distasteful material
- Content or language that is harmful to minors in any way
- Bulk emailing tools
- Distribution of internet viruses or other harmful or destructive activities
- Hacking and cracking
- Scams or phishing for personal information
- Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at Gordhan Enterprises Ltd’s discretion)
- Gambling, gaming, lotteries, and like activities
- Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language
- Defamatory, hateful or revenge content or language.
- Aids to pass drug tests or aids to pass lie detector tests.
- Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties
- MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products
- Reverse Funnel Systems
- Cash Gifting
- Illegal drugs or drug paraphernalia
- Prescription drugs and related content
- Tobacco sales
- Miracle cures
- Fake documents
- Firearms, explosives or weapons.
- Intentional or unintentional violations of any applicable local, state, national or international law.
- Reselling of email accounts or hosting accounts to third parties.
- Reselling of any Gordhan Enterprises Ltd services including, but not limited to, design services, updates, and want to deal with third parties without a written re-seller agreement.
- Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
- Links to other sites that are in violation of Gordhan Enterprises Ltd’ policies and guidelines
- Other activities, whether lawful or unlawful, that Gordhan Enterprises Ltd deems to be in poor taste or that reflect adversely on Gordhan Enterprises Ltd or Gordhan Enterprises Ltd’s other clients
- Gordhan Enterprises Ltd reserves the right to refuse to design or host an account at its sole discretion at anytime.
As an Gordhan Enterprises Ltd Client, you agree to conduct your business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s website is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to hold Gordhan Enterprises Ltd harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. Gordhan Enterprises Ltd retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. Gordhan Enterprises Ltd may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. If an account is terminated by Gordhan Enterprises Ltd for a TOS violation the Client is not eligible for a full refund and any refund is subject to the Cancellation Fee and Refund Policy. (See Termination)
As an Gordhan Enterprises Ltd Client you may have access to editing tools for your website. Client may edit, add or delete content to the website at anytime. With this understanding Gordhan Enterprises Ltd may or may not pre-screen content. Gordhan Enterprises Ltd shall have the right (but not the obligation) to pre-screen and refuse or remove any content at its sole discretion. Client agrees that Client bears all risks associated with the use of all content, whether edited or written by Gordhan Enterprises Ltd or not, including any reliance upon accuracy, usefulness or completeness.
Client acknowledges that Gordhan Enterprises Ltd may access, preserve, and disclose Client’s account information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of Gordhan Enterprises Ltd and the public.
- Intellectual Property Policy
Gordhan Enterprises Ltd respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. Gordhan Enterprises Ltd may terminate accounts for copyright or trademark infringement, or for any other reason Gordhan Enterprises Ltd deems appropriate as it may relate to Client’s use of another’s intellectual property. If you believe your work has been copied and is accessible on an Gordhan Enterprises Ltd’s website please see Gordhan Enterprises Ltd’s Intellectual Property Policy at https://gordhan.uk/legal-terms/.
Gordhan Enterprises Ltd will not use copyrighted or trademarked materials on any Client’s website without the express written consent of the copyright or trademark owner. It is Client’s responsibility to ensure that all content submitted to Gordhan Enterprises Ltd is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Client’s website on any third-party copyright or trademark, including, but not limited to, any infringement due to website content, website design or the look and feel of Client’s website. (See Unacceptable Practices).
Client content that is sent to Gordhan Enterprises Ltd will remain the intellectual property of the Client. Gordhan Enterprises Ltd does not return original content to the Client. Unless a request to return the original content to the Client is made in writing upon submission of the content, the content will be destroyed. Gordhan Enterprises Ltd will attempt to honor requests to return original content; however, Gordhan Enterprises Ltd has no liability and does not guarantee the return of any content to Client.
Domain names purchased by Gordhan Enterprises Ltd and website designs, databases, stores, or programs created by Gordhan Enterprises Ltd are the property of Gordhan Enterprises Ltd until Client has paid all fees including one full year of monthly hosting. (See Domain Names Purchase/Hosting Agreement)
- International Use
Recognizing the global nature of the internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with a) all laws and regulations regarding the transmission of technical data exported from the United Kingdom, or the country in which Client resides and/or transacts business, and b) all laws and regulations regarding the collection and processing of personal data, including those relating to the trans-border transfer of personal data.
- Interstate Communications
Client acknowledges that by using Gordhan Enterprises Ltd’s services Client will be causing communications to be sent through Gordhan Enterprises Ltd and Gordhan Enterprises Ltd’s computer networks, which may be located throughout the United States and the world. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of Gordhan Enterprises Ltd’s services results in interstate data transmissions and may result in trans-border transfer of personal data. Client hereby consents to the collection, processing and trans-border transfer of such personal information as Client may provide or make available to Gordhan Enterprises Ltd.
- Website Construction Procedure
With help and input from the Client, Gordhan Enterprises Ltd will develop the website. Before work may begin on a website, the Client must electronically accept these Terms of Service. Client may submit content to Gordhan Enterprises Ltd through Gordhan Enterprises Ltd’s online.
In submitting content, links to sample sites the Client likes are for general information purposes only and assist Gordhan Enterprises Ltd with the design of the Client’s custom website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in Gordhan Enterprises Ltd’s invoice and/or Database Specifications Summaries and do not infringe upon the intellectual property rights of others.
Gordhan Enterprises Ltd will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is live.
- Completion Timeframes
Client understands, agrees and acknowledges that Gordhan Enterprises Ltd does not guarantee a time frame for completion of ANY website. This is in part because it is difficult to complete a website without design approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the site design, the completion time frame is increased. Other factors that may influence the completion date of a website include, but are not limited to, complexity of Client’s project(s), availability of Gordhan Enterprises Ltd personnel, accounting status of Client’s account, etc.
If Client does not respond to Gordhan Enterprises Ltd communications and, as a result, Gordhan Enterprises Ltd is not able to start or complete the website, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from date of sale. If Client’s website requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.
- Client Approval
Client is responsible for testing the functionality of the website upon Gordhan Enterprises Ltd’s request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages, database, e-commerce store, payment functions, galleries, forums etc.
Client website may be posted live as soon as the website design is completed by Gordhan Enterprises Ltd. Additional features, such as custom database programming, flash programming, etc., will be added to the site as they are completed. The website may be posted live within 15 days from purchase if Gordhan Enterprises Ltd is required to complete content and design without complete Client input or content from Client.
The Client understands and agrees that if the Client does not respond within 15 business days to Gordhan Enterprises Ltd’s request for approval and notification that the website has been completed and taken live, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website has been tested and approved by the Client.
The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 15 business days to Gordhan Enterprises Ltd’s notification or requests for missing information, the website, along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, and the website will be taken live with the missing information “as-is” or “under construction”.
In the event that Gordhan Enterprises Ltd completes all of the work per the original sale and database write ups, Gordhan Enterprises Ltd reserves the right to move the site live and deem the work to be completed without Client’s permission if Client will not give approval of the work.
- Scope of Work
Client understands that the website purchase and development includes a specific number of pages, features and/or functionality. The Client invoice and/or Database Specifications Summary lists the specific features, functionality and number of pages purchased. The website only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.
- Website Change Requests Before and After Website Goes Live
Gordhan Enterprises Ltd agrees to build a website and/or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at Gordhan Enterprises Ltd’s standard hourly rate. Gordhan Enterprises Ltd is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If Gordhan Enterprises Ltd does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
Gordhan Enterprises Ltd does not guarantee a time frame for completion of ANY custom database or custom programming completed by Gordhan Enterprises Ltd or an Gordhan Enterprises Ltd Partner. If database is completed by Gordhan Enterprises Ltd A custom “Database Specifications Summary” may be presented to the Client. Gordhan Enterprises Ltd agrees to complete the database design according to the specifications outlined. If the Client does not object or respond to the Database Specifications Summary in writing within 5 business days it will be deemed to be accepted by the Client and Gordhan Enterprises Ltd may proceed with development of the custom database as outlined. A Database Specifications Summary may not be presented to the Client for purchase of pre-built database modules and e-commerce store modules.
If Client requests changes to a pre-packaged database, pre-built database module, or e-commerce store module, changes are to be billed to Client at Gordhan Enterprises Ltd’s standard hourly rate. There is no guarantee that changes made by Gordhan Enterprises Ltd to a pre-packaged database, pre-built database module, or e-commerce store module will work. Client agrees charges are valid and agrees to pay for all fees incurred for Client’s requested changes to pre-packaged databases, pre-built databases modules, or e-commerce store modules. Once work has begun on a database or custom programming there is No Refund if cancelled.
Client is responsible for testing the functionality of the website upon Gordhan Enterprises Ltd’s request for approval and notification that the website has been completed. This includes, but is not limited to, testing the functionality of the custom database or programming. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.
Gordhan Enterprises Ltd will instruct Client as to the use of the custom database and the inputting of data related to such database. However, data entry is the sole responsibility of the Client. If the Client requests Gordhan Enterprises Ltd to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at Gordhan Enterprises Ltd’s standard data entry rates per hour.
Client will be provided with instructions to input products into the store. If Client requests Gordhan Enterprises Ltd to enter products into the store on Client’s behalf, the Client will be charged, and agrees to pay, for each product added to the store at Gordhan Enterprises Ltd’s standard product-entry rates per hour. Client is required to submit store content to Gordhan Enterprises Ltd via Gordhan Enterprises Ltd’s content spreadsheet. The e-commerce store module is pre-built and any changes to the look or functionality of the pre-built store require custom programming. The Client will be billed at Gordhan Enterprises Ltd’s standard hourly rate for requested changes. (See Database/Programming)
Client is responsible for testing the functionality of the e-commerce store upon Gordhan Enterprises Ltd’s request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. Gordhan Enterprises Ltd is not responsible for functionality of third-party services such as, but not limited to, merchant account, or gateway. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.
- Enhancements to Website
Client may purchase enhancements to the website at the time of initial sale or anytime thereafter. Enhancements to the website may include, but are not limited to, custom programming, database, flash, e-commerce, logos, galleries, rollovers, etc. Client’s requests for enhancements to the original sale will be due and billed separately and at the time of request. The monthly hosting fee will be adjusted according to the enhancements requested or the hosting package selected by Client.
Some enhancements such as, but not limited to, flash, custom programming, functionality, etc, may require that a specifications summary be presented to the Client. If the Client does not object to the specifications summary within 15 business days, the summary will be deemed to be accepted, and Gordhan Enterprises Ltd will proceed with the development as outlined. Once work has begun on enhancements purchased by the Client there is No Refund if cancelled. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.
- Expedited Services
While Gordhan Enterprises Ltd does not guarantee a time frame for the completion of any custom website, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by Gordhan Enterprises Ltd at its sole discretion. Client understands and agrees that Client’s use of expedited service does not guarantee that Client’s website including its corresponding design, enhancements, databases, e-commerce stores, flash, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that Gordhan Enterprises Ltd will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process.
The successful use of expedited service is contingent upon Client’s timely acceptance of the Terms of Service, payment of any and all fees due, submission of content through the online web center and acceptance of any project specification documents prepared by Gordhan Enterprises Ltd and Client’s timely cooperation with Gordhan Enterprises Ltd in any solicitation for information related to the website’s development.
If expedited service is offered to Client by Gordhan Enterprises Ltd, Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one particular element of the website, i.e. database, flash, e-commerce, design, and not necessarily to multiple elements of the website or to the website collectively. Under no circumstances will Gordhan Enterprises Ltd guarantee the respective portion or portions of the website subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the website that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide Gordhan Enterprises Ltd with requested information in a timely manner, Gordhan Enterprises Ltd reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and will not refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee will be refunded. Regardless of whether work is completed by the estimated date of completion, Client remains liable to Gordhan Enterprises Ltd for any and all other charges related to the website’s development.
- Additional Services
Client may purchase at an additional monthly cost additional services offered by Gordhan Enterprises Ltd. Additional monthly services may include, but are not limited to, the Google Web Analytics Functionality, spam filters, and back-up software. Additional monthly services include a monthly fee that is incurred and billed every month beginning from the date of purchase of the additional service. Gordhan Enterprises Ltd will Not Refund any fees incurred for additional services or paid by the Client prior to the cancellation effective date for the additional service. Any fees invoiced and incurred are valid and Client agrees to pay. Additional services purchased may be cancelled with 15 days written notice.
- Email Accounts
Based on the hosting support package purchased, email accounts are also provided. Email accounts may be set up and used immediately upon Client’s purchase of website. Client does not need to wait until custom website is live to use email accounts. To begin using email accounts Client should contact Technical Support at firstname.lastname@example.org
- Technical Support
Gordhan Enterprises Ltd’s technical support department should be contacted at email@example.com for any concerns with Client email accounts or any problems with hosting or functionality of the website after the website is live. Gordhan Enterprises Ltd provides technical support for email and down time issues that are caused by Gordhan Enterprises Ltd. Tech support is available for a fee per occurrence and at an hourly rate for all other technical support issues. Client agrees to pay for technical support services requested by Client at Gordhan Enterprises Ltd’s hourly rate and that Gordhan Enterprises Ltd may charge Client’s account for such technical support fees.
If Client uses Gordhan Enterprises Ltd’s technical support services, including but not limited to screen share sessions, Client acknowledges and understands that Gordhan Enterprises Ltd does not warranty that technical support services will meet Client’s requirements or be error free. (See Disclaimer of Warranties and Limitation of Liabilities.)
- Customer Service
Gordhan Enterprises Ltd strives to offer the best service available. Customer service complaints or concerns should be emailed to firstname.lastname@example.org
- Use and Storage
Client acknowledges that Gordhan Enterprises Ltd may establish general guidelines and limits concerning use of Gordhan Enterprises Ltd’s services and may modify these guidelines at any time. Limits may include but are not restricted to, the maximum number of days that email messages or other content will be retained, maximum number of email messages that may be sent from or received by an account, the maximum size of any email messages sent and the maximum disk space that will be allotted on Gordhan Enterprises Ltd’s servers on Client’s behalf. , Client acknowledges that Gordhan Enterprises Ltd is not responsible for backing up Client’s website and data. Client should seek appropriate backup solutions. Changes made by Client using the editing tool or by Gordhan Enterprises Ltd may be lost if data loss occurs after a scheduled backup by Gordhan Enterprises Ltd.
- Server Security Practices
Gordhan Enterprises Ltd utilizes security practices that comply with standards set by the Payment Card Industry (PCI) in maintaining its servers. Gordhan Enterprises Ltd will not modify its hosting server settings and configurations to Client’s individual preferences. Gordhan Enterprises Ltd routinely scans its servers to ensure compliance with good security practices. Unauthorized security scanning and penetration testing of shared-hosting servers by the Client is strictly prohibited.
Gordhan Enterprises Ltd at its sole discretion may allow or perform server administration and or customization to client accounts that are hosted on a virtual private server (VPS) or a private server. Such server customization and administration is subject to Gordhan Enterprises Ltd standard hourly rates and Client agrees to pay for any and all such customizations requested.
If Client uses its website to collect, store, display, process or otherwise use sensitive or confidential information including but not limited to credit card information, social security numbers, credit or financial information, medical or health care related records, insurance records, sales records, personal information, etc, then Gordhan Enterprises Ltd at its sole discretion may require Client to utilize certain services to improve the security of Client’s website. Such services may include security certificates, hosting Client’s site on a Virtual Private Server (VPS) or on a private server, and using programming that encrypts the sensitive or confidential information used by Client’s website. Client understands and acknowledges that there may be costs associated with these services and agrees to pay for said services if used by Client. Gordhan Enterprises Ltd reserves the right to terminate Client accounts that refuse to meet Gordhan Enterprises Ltd’s security requirements for Client’s website.
- Design Time/Service Contract
Client may wish to make changes or updates to the live website that Gordhan Enterprises Ltd is hosting. Most changes can be made using Gordhan Enterprises Ltd’s online editors. The online editors may not be available for all websites, or all pages of a website. Availability of the online editors is dependent upon the functionality and specifications required for the Client’s website. If Client desires for Gordhan Enterprises Ltd to make changes to website, design time may be purchased at an hourly rate or in blocks of design time as a Design Service Contract.
Gordhan Enterprises Ltd is not responsible for any changes Client makes to website, or if Client breaks the website. Time required by Gordhan Enterprises Ltd to repair changes made by Client will be billed to Client at Gordhan Enterprises Ltd’s standard hourly rate or Gordhan Enterprises Ltd may utilize design time that has been purchased by the Client.
Flash updates and PHP updates are considered enhancements or additional services purchased, and are not design updates to the website. The appropriate fee will be charged for the purchase of each enhancement. Design Service Contract time may not be used for Flash updates or PHP updates purchased by the Client. Flash and PHP Service Contracts may also be available for purchase.
- Monthly Hosting Agreement
Monthly hosting begins accruing from the same day from the date of sale, regardless of the date the website goes live, because hosting costs are incurred immediately. Server space is secured for the developing website and/or for existing Client domain names. In addition, email accounts and support are available from the date of sale and are paid for with minimum of one year (12 months) of hosting fees and the fees are non-refundable once paid. Client agrees to a minimum one year hosting agreement with Gordhan Enterprises Ltd.
- Domain Names
Client is responsible for the purchase and renewal of domain names and may be billed directly by domain name provider for annual renewal fees. Client agrees to pay Gordhan Enterprises Ltd for domain names purchased and/or renewed by Gordhan Enterprises Ltd on Client’s behalf.
Domain names purchased by Gordhan Enterprises Ltd on Client’s behalf and website designs, databases, stores, or programs created by Gordhan Enterprises Ltd are the property of Gordhan Enterprises Ltd until Client has paid all fees including one full year of monthly hosting. Sham purchases of sites may not be transacted with the intent and/or result of having a site built, then transferring the site to another hosting provider. Clients may buy-out their one year hosting agreement by paying 12 months of hosting in advance if they wish to transfer the domain name and content to Client’s control prior to one year of paid monthly hosting. Gordhan Enterprises Ltd expressly reserves the right to retain a copy of any website designs, databases, stores, flash, programs, writings, or any other work created for Client for evidential purposes.
Upon transfer of domain and/or website to Client or another service provider, at anytime, Client agrees that Gordhan Enterprises Ltd has met in full its obligation to Client, and Gordhan Enterprises Ltd is released of all past and future obligations to the Client. Additional work and/or hosting done for Client must be agreed to in writing and paid for by Client. Gordhan Enterprises Ltd reserves the right to transfer domain name(s) to Client at anytime. Upon receipt of any legal action or intellectual property disputes Gordhan Enterprises Ltd may transfer domain name to Client at anytime
Domain names are purchased through a third-party service on Client’s behalf. Gordhan Enterprises Ltd cannot guarantee the availability of domain names and has no liability for a domain name not being available for purchase after the initial sale. If a domain name is not available for purchase Gordhan Enterprises Ltd will assist the Client in selecting and purchasing an alternate domain name.
If Client ceases to pay monthly or yearly hosting or other fees due ownership of any domain names purchased by Gordhan Enterprises Ltd on Client’s behalf or controlled by Gordhan Enterprises Ltd are transferred to Gordhan Enterprises Ltd. Gordhan Enterprises Ltd may allow domain name to expire, may renew domain name and remain the owner, or Gordhan Enterprises Ltd may sell the domain name at its sole discretion and for Gordhan Enterprises Ltd’s sole benefit.
- Marketing Representations
Gordhan Enterprises Ltd makes no representations as to the marketing of Client’s products, services or sales. Client’s obligation to pay fees due to Gordhan Enterprises Ltd are due at time of sale of website design and hosting services and are not contingent upon Client’s marketing of said website. Client is responsible for all marketing of Client’s website. Gordhan Enterprises Ltd is not responsible for marketing of Client’s website including search engine rankings. Ultimately the success or failure of the Client’s website is the responsibility of the Client.
- 60-Day Satisfaction Guarantee
Gordhan Enterprises Ltd provides a 30-day satisfaction guarantee. Gordhan Enterprises Ltd will continue to change and modify the Client’s website to Client’s liking, within 30 days from the date of sale or until the website is taken live, whichever comes first, at no additional cost, provided that said revisions are part of the original sale and are not enhancements to the original sale. Changes to the website made after 30 days from the date of the initial sale, or after the website is taken live, will first be billed to the Client’s design time hours available based upon the monthly hosting package purchased by the Client. Changes to the website that exceed the design time hours will be billed to the Client at Gordhan Enterprises Ltd’s standard hourly rate over and above the initial design fee paid. Gordhan Enterprises Ltd does not guarantee that the website designed will be exactly what the Client has envisioned. Gordhan Enterprises Ltd’s best effort will be given for the 30-day satisfaction guarantee but Gordhan Enterprises Ltd is not obligated to complete multiple redesigns or modifications. While Gordhan Enterprises Ltd may agree to make requested changes and to bill the Client’s design time or bill the Client directly, Gordhan Enterprises Ltd is not obligated to complete Client requests or changes outside of the 30-day satisfaction period. If Gordhan Enterprises Ltd does not agree to Client requests or changes, Client agrees and is still obligated to pay all fees incurred and due.
- Billing Policy
The initial design set-up fee is due and billed in full at the time of the original sale. Monthly hosting is billed and due every month beginning immediately from the date of the original sale or if paid one years hosting in advance then the money is due beginning immediately from the date of sale. The Client hereby requests that Gordhan Enterprises Ltd renew and bill monthly hosting fees every 30 days thereafter, unless the Client cancels in writing after 12 months of monthly hosting fees have been paid.
Monthly hosting and additional services fees may be billed on the 1st or 15th of each month to coincide with Gordhan Enterprises Ltd’s billing cycles. The amount of the initial design set-up fee and monthly hosting fees are detailed on the original invoice confirming amounts of sale. Monthly hosting amounts may vary depending upon the hosting package selected by Client.
Gordhan Enterprises Ltd reserves the right to change prices at any time including monthly hosting amounts and hourly design fees. All prices are in British Pound Sterling £ (GBP) without regard to fluctuations in foreign exchange rates.
Gordhan Enterprises Ltd accepts payment via wire money transfer agent from Client’s bank account. Upon Client’s authorization of payment to Gordhan Enterprises Ltd via credit card, or EFT debit payment, Client thereby authorizes all recurring monthly hosting and/or additional services fees to be charged to the same method of payment, credit card or EFT account for future charges until such authorization is withdrawn by Client in writing.
The Client may change payment methods including credit card and EFT debit payments with 30 days notice. To change payment methods Client should contact Gordhan Enterprises Ltd’s billing department. Client should not email new billing information for security purposes.
Gordhan Enterprises Ltd reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed.
- Billing Disputes
Gordhan Enterprises Ltd charges up to a £25.00 fee for returned checks. If Gordhan Enterprises Ltd does not receive payment in full when due, Gordhan Enterprises Ltd may, to the extent permitted by the law of the United Kingdom of the billing address on file for Client at the time, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of £5 per month, whichever is greater, on any unpaid balance. Gordhan Enterprises Ltd may, to the extent permitted by the law of the state of the billing address on file for Client at the time account is sent to a collection agency, also charge Client for any debt collection agency fees and/or solicitor’s fees billed to Gordhan Enterprises Ltd for collecting from Client. Gordhan Enterprises Ltd does not agree to, and will not honour, any limiting notations made by a Client on a check.
If Client wishes to dispute a charge Client must first contact Gordhan Enterprises Ltd’s billing department and must allow 15 business days for a response. To avoid any dispute about Client’s attempt to contact Gordhan Enterprises Ltd, Client must send the request in writing by email to: email@example.com
If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client. In the event that Client initiates a credit card dispute, ceases paying hosting fees or other fees due, Gordhan Enterprises Ltd, at its sole discretion, may suspend work on the website until the billing dispute has been resolved.
- Termination/Cancellation of Services
Gordhan Enterprises Ltd, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if Gordhan Enterprises Ltd believes Client has violated this TOS. Gordhan Enterprises Ltd may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. Client agrees that any termination of access to Gordhan Enterprises Ltd’s services under any provision of this TOS may be effected without prior notice and that Gordhan Enterprises Ltd may deactivate or delete Client’s account and all related information files. Client agrees that Gordhan Enterprises Ltd shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. Gordhan Enterprises Ltd may suspend or terminate accounts, and shut down website for accounts that become delinquent for more than 30 days, in which case Client remains responsible for any unpaid balance owed to Gordhan Enterprises Ltd. Charges for monthly hosting will continue to incur for delinquent accounts until Client’s one year hosting obligation has been met even if account has been suspended or terminated. Gordhan Enterprises Ltd also reserves the right to discontinue the designing of Client’s website at any time, at Gordhan Enterprises Ltd’s sole discretion, without any refund to the Client. Under no circumstances is a refund of money will be given by Gordhan Enterprises Ltd.
If the Client cancels an account before the work is completed or site is live, no refund will be given. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website is not maintained by Gordhan Enterprises Ltd. The Client is responsible for keeping web site backup unless the Client has paid for the Backup Service.
Client agrees to pay all hosting fees and additional services fees owed from the time of sale until the cancellation effective date, and at a minimum for hosting fees for one year. Transferring a domain name to another provider or non-use of Client’s hosting account does not constitute termination of the account. Client must notify Gordhan Enterprises Ltd in writing or via email to terminate the account services and avoid further monthly hosting charges. It is Client’s responsibility to secure confirmation from Gordhan Enterprises Ltd that the request for termination has been received and no further hosting fees will be billed.
Requests for cancellation of website hosting services or additional services should be sent to the following email address: firstname.lastname@example.org
- Cancellation Effective Date
Client may terminate hosting services with 30 days written notice, after one full year of paid hosting. The effective date of cancellation is to be 30 days from the date of Gordhan Enterprises Ltd’s receipt of written notice to cancel. Any monthly fees scheduled to bill after receipt of written notice to cancel but before the effective date of cancellation are valid and Client agrees to pay.
If Client has not paid all design, enhancement, hosting and additional services fees due, such fees are due in full at the time of cancellation and Client authorizes Gordhan Enterprises Ltd to collect any outstanding fees due. Client understands any pending billing for design fee installments previously agreed to will not be cancelled.
- Cancellation Fee and Refund Policy
No Refund will be issued on any website cancelled after services have been rendered, including but not limited to, the design work have commenced, having been completed and/or the website taken live.
MONTHLY HOSTING – Client agrees that there is NO REFUND of monthly hosting fees or monthly additional services fees incurred or paid by the Client prior to cancellation date.
YEARLY HOSTING – Client agrees that there is NO REFUND of yearly hosting fees or yearly additional services fees incurred or paid by the Client prior to cancellation date
Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay. (See Termination).
By Cancelling our services, Client agrees that the matter is settled in full and releases Gordhan Enterprises Ltd, its officers, owners, members, agents and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against Gordhan Enterprises Ltd’s its officers, owners, members, agents and employees.
- Account Transfer
Requests for transferring the ownership of a website or hosting account from Client to a new owner must be completed in writing by both the current account owner and the new designated owner. The transfer is not valid until a signed request is received by Gordhan Enterprises Ltd in writing which is to include payment authorization and new billing account information from the new owner, documentation of the ownership transfer (purchase agreement etc), documentation of copyright transfer, and acceptance of Gordhan Enterprises Ltd’s TOS by the new owner.
- Gordhan Enterprises Ltd Proprietary Rights
Client acknowledges and agrees that Gordhan Enterprises Ltd’s services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of Gordhan Enterprises Ltd’s services.
- Use of Client Information
Client herby gives permission to Gordhan Enterprises Ltd to use samples or links to Client’s custom website designed by Gordhan Enterprises Ltd for marketing and advertising purposes, including but not limited to, use in Gordhan Enterprises Ltd’s online portfolio.
- Third-Party Services
- Contract Service Providers
Gordhan Enterprises Ltd may contract with Contract Service Providers to complete a portion, or all of the Client’s custom website. The Client agrees not to do business directly with the Contract Service Provider, nor to remit payment to the Contract Service Provider or any Gordhan Enterprises Ltd employee directly for services. All payments for services rendered must be made directly to Gordhan Enterprises Ltd. Contract Service Providers are independent contractors and are required to follow company policies and procedures. Contract Service providers are provided with only the information needed to complete the design or development portion of the Client’s website and do not have access to Client’s personal information including payment information.
- Disclaimer of Warranties
CLIENT’S USE OF Gordhan Enterprises Ltd’S SERVICES IS AT CLIENT’S OWN RISK. Gordhan Enterprises Ltd’S SERVICES ARE PROVIDED “AS IS”. Gordhan Enterprises Ltd DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Gordhan Enterprises Ltd DISCLAIMS ANY WARRANTIES REGARDING Gordhan Enterprises Ltd’S SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Gordhan Enterprises Ltd DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Gordhan Enterprises Ltd’S SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. Gordhan Enterprises Ltd DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. Gordhan Enterprises Ltd DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH Gordhan Enterprises Ltd’S SERVICES, OR LINKS PROVIDED BY Gordhan Enterprises Ltd’S SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY Gordhan Enterprises Ltd OR OBTAINED THROUGH LINKS PROVIDED THROUGH Gordhan Enterprises Ltd’S SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Gordhan Enterprises Ltd’S SERVICES ARE DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
- Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT Gordhan Enterprises Ltd, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Gordhan Enterprises Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE Gordhan Enterprises Ltd’S SERVICES, RELIANCE ON Gordhan Enterprises Ltd’S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Gordhan Enterprises Ltd’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH Gordhan Enterprises Ltd’S SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO Gordhan Enterprises Ltd’S SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO Gordhan Enterprises Ltd’S SERVICES.
Without limiting the foregoing, under no circumstance shall Gordhan Enterprises Ltd be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. Gordhan Enterprises Ltd’S full and complete liability, for any reason whatsoever, shall be limited to a refund of £1 from any money paid to Gordhan Enterprises Ltd.
- Tort Claims and Other Claims
Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against Gordhan Enterprises Ltd, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against Gordhan Enterprises Ltd in Client’s individual capacity and not as a member of a class.
Client agrees to defend, indemnify and hold harmless Gordhan Enterprises Ltd, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through Gordhan Enterprises Ltd’s services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by Gordhan Enterprises Ltd or from Client’s breach or violation of the TOS, including any obligation, representation, or warranty made herein, or Client’s violation of any rights of another. Client further agrees to defend, indemnify and hold harmless Gordhan Enterprises Ltd, its directors, officers, employees and agents from and against all claims and expenses, including solicitor’s fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Client’s negligence toward third parties.
Unless otherwise specifically provided, all notices required or permitted by this Agreement shall be in writing and in English and may be delivered personally, or may be sent by email, facsimile or certified mail, return receipt requested, to the address set forth below. If Client chooses to send request by email or facsimile, a copy of the request must also be sent by mail (to the address below) as confirmation of the request.
Gordhan Enterprises Ltd
22 Hobhouse Close,
- Contact Gordhan Enterprises Ltd
Client may contact Gordhan Enterprises Ltd at +44(0)776 220 1179 from 10:00 – 18:00 GMT. Client may visit our website at http://gordhan.uk at any time. Client may also email Gordhan Enterprises Ltd at the following email address: email@example.com
- Severability; Waiver
In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms. The failure by Gordhan Enterprises Ltd to avail itself of any right or enforce any obligation of this agreement shall not be deemed to be an ongoing waiver of such right or obligation or of any other right or obligation.
This agreement shall be governed exclusively by the laws of England and Wales in the United Kingdom without regards to any conflicts of law provisions thereof, as a contract entered into and performed entirely within the county of West Midlands. The parties hereby expressly disclaim the application of the United Nations Convention on the International Sale of Goods. Any disputes between the parties relating to the subject of this agreement shall be submitted exclusively to the jurisdiction of the England and Wales in the United Kingdom, and the parties expressly consent to personal jurisdiction and venue therein and waive any objection based on forum non conveniens or otherwise. Should there be a breach of this provision, the non-breaching party shall be entitled to an award of solicitor’s fees.
Notwithstanding the foregoing, in lieu of litigation, arbitration may be used as a means of resolving disputes. Arbitration would be through a neutral third-party arbitrator to be approved by both Client and Gordhan Enterprises Ltd. If any court sitting outside the United Kingdom determines that the litigation forum or arbitration provisions of this agreement are invalid, then and only then, the parties agree to settle any dispute through binding arbitration by three arbitrators, in the English language, under the commercial arbitration rules of the International Chamber of Commerce, with the location of the arbitration to be in a neutral jurisdiction (not the country of residence of the Client or of Gordhan Enterprises Ltd) as selected by Gordhan Enterprises Ltd.
Gordhan Enterprises Ltd may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.
- Electronic Signatures
Selecting and submitting “accept” on the electronic copy of the TOS, submitting content through the online client area, making payment, or submitting information or documents to Gordhan Enterprises Ltd so that Gordhan Enterprises Ltd may perform services for the Client, the same shall constitute an electronic signature in exactly the same way as a hand written signature.
- Affiliated Companies, Name Change, Assignment of Servicing
Gordhan Enterprises Ltd reserves the right to subcontract services or assign the ongoing servicing and/or hosting of your account or this entire Agreement to another party at its sole discretion. This agreement shall not be affected by any change in the name of Gordhan Enterprises Ltd, it’s DBAs or any other affiliated companies, or any condition, merger or acquisition of Gordhan Enterprises Ltd and shall be automatically assigned to any successor entity of Gordhan Enterprises Ltd and shall continue in effect thereafter in accordance with its terms.
The following provisions shall survive termination of this Agreement with no effective termination date: Sections 1, 7-9, 34-52.
- General Information
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of Gordhan Enterprises Ltd. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service.
Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Gordhan Enterprises Ltd’s services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.