ORAAMO Terms & Conditions

ORAAMO LTD, incorporated and registered in England with company number 07624560 whose registered office is at 145-157 St John Street, London, EC1V 4PW (“ORAAMO”); and

Client and/or Company and/or Recipient using the services of ORAAMO LTD (“Client”).

These terms and conditions clearly define that all Client confirm and agree with and are bound by the terms and conditions below:

Definitions

The following definitions shall apply in this agreement:

Maintenance Package: the following services may be provided by ORAAMO to the Client upon the request of the Client. The Maintenance package always has an agreed term. This will be stated and sent in writing to the Client.

(a) Adding or changing images, text, pages, electronic documents to the Website (where content is provided by the Client to ORAAMO or provided by ORAAMO); and it is agreed and at the direction of the Client.

(b) Maintaining the hosting, ensuring hosting the Website is efficient and correct (and for the avoidance of doubt “hosting” shall not include any web hosting services provided directly by ORAAMO in respect of the Website)

(c) Adding, deleting and/or setting up e-mail addresses for the Client

(d) Providing statistics in regards to the Website which includes:

Monthly reports; detailing unique visitors, number of visits to the Website, number of hits on the website, number of pages visited on the website, list of countries that visited the website (including hits and pages visited), visit duration (number of visits per duration), top twenty-five pages viewed, top ten keyword and key phrases searched for the website and a list of referred websites that visitors connected to the Clients website.

Website: The Clients website designed and developed by ORAAMO which may include:

(a) Website Design

(b) Limited design revisions. Website design has to be agreed by both parties before completing the development of the website.

(c) Back end development, may include:

Image placement, text content, verification of links, analysation of coding, integration of software, scheduled hosting backup, accessible site for partially-sited, multi-lingual support.

(d) Integrated contact/enquiry forms

(e) Content Management System

(f) Social Media set up and integration to the website

(g) Search engine submission to MSN, Google and Yahoo.

(h) Internet Explorer, Firefox, Safari and Google Chrome compatible

1. The contract between ORAAMO and the Client will be on these terms and conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing. These terms apply to the Client and are governed by English law. Information on the Client’s Website is the property of the Client. Copyright law protects the materials contained in the Client’s Website. The contents of the Website are available to any user and/or visitor for personal reference only and may not be reproduced in any manner whatsoever either in whole or in part without the prior written permission of ORAAMO or its representatives.

2. ORAAMO reserves the right in its absolute discretion to add to or remove any material from the Website or to amend, alter anything contained in or on it at any time; and to monitor, suspend, or otherwise limit access to the website at any time.
3. The use of the Website is at the visitor’s or users own personal risk. ORAAMO does not warrant the content, accuracy or veracity of any material or other information on the Website nor does it warrant that the Website is free from errors, faults, viruses or other computer or data-corrupting or data-damaging material.

4. The Website may contain links to other Websites or addresses on the web. External Websites are not part of the Clients Website and do not belong to ORAAMO. ORAAMO does not approve or endorse other Websites nor is it responsible for their content.

5. Descriptions of or references to products, services or publications within the Website do not constitute or imply their endorsement or recommendation in any way by ORAAMO, its employees or contractors. Any reference in the Website to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise, for advertising or product endorsement purposes shall be agreed before implementing.

6. ORAAMO will endeavour to ensure that the Website is maintained and run so far as reasonably practicable, without any interruption, loss, malfunction or any other disruption and losses to the Clients website whatsoever and however caused. The Website, graphics and any programming code remain the property of ORAAMO until all outstanding accounts are paid in full.

7. ORAAMO cannot take responsibility for any copyright infringements caused by materials submitted by the Client. ORAAMO reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Any additions to the Website will be carried out at the discretion of ORAAMO.

8. The Client agrees to make available (as soon as the deposit is paid) to ORAAMO all materials required completing the Website.

9. ORAAMO will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

10. ORAAMO will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of other Websites, its servers, software or any material provided by the Client.

11. ORAAMO cannot guarantee so far as is reasonably practicable that the services provided in respect of the Website are problem free and accurate.

12. The Client is expected to test fully any application or programming relating to the Website designed and developed by ORAAMO before being made generally available for use.

13. Where “bugs”, errors or other issues are found after the Website is live, ORAAMO will endeavour to correct these issues to meet the standards of function outlined in the Website.

14. Whilst ORAAMO offers hosting of Websites, no guarantees can be made as to the availability or interruption of this service. ORAAMO cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.

15. ORAAMO reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise. Fees relating to web hosting or domain names are part of the Website price. If a cancelled service is to be reinstated at the Client’s request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored. This set up fee will be imposed on the Client and is variable in price. These will be stated and sent in writing to the Client.

16. Domain names will be registered by ORAAMO and also registered to an ORAAMO business address. Although the domain names are registered to ORAAMO, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, ORAAMO will do this within reasonable time. All costs involved in changes are an additional fee. These will be stated and sent in writing to the Client.

17. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, ORAAMO cannot be held liable for this. However ORAAMO will make reasonable effort to contact the Client regarding domain renewal.

18. When a Client renews “hosting” with ORAAMO, this may also includes domain renewal if the renewal is needed to keep the Website functioning and was purchased as part of the Website. If the Client does not renew the hosting, their domain name could be made available to the public for purchase and ORAAMO cannot be held liable for this.

19. Whilst ORAAMO recommends hosting, no guarantees can be made as to the availability or interruption of this service by ORAAMO.

20. ORAAMO cannot accept liability for losses caused by the unavailability, malfunction or interruption of any of its services, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss for the Client.

21. The hosting renewal charge must be received prior to the hosting expiry date. ORAAMO reserve the right to deactivate the Website where the hosting has expired and the Client has not paid the renewal charge. There will be an administration fee set by ORAAMO for reactivating the Website and/or hosting which may vary in price. These will be stated and sent in writing to the Client.

22. If the Client does not use ORAAMO hosting services then the management and hosting of the website and domain name are the full responsibility of the Client.

23. Renewal of “hosting” is due on a yearly basis and shall be with a third party web hosting company. The date of renewal will be annually from the date the Website was completed and made live on the world wide web for the Client. The “hosting” will not be renewed if ORAAMO cannot contact the Client or the Client requests for ORAAMO to not host the Website.

24. If a domain name is purchased by the Client through a company other than ORAAMO, the Client has full responsibility in making sure that the domain name is renewed when due. ORAAMO will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than ORAAMO.

25. ORAAMO will arrange for the hosting of the Website. In doing so, ORAAMO will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the Website hosting will be available at all times, especially in the event of a technical failure beyond ORAAMO’s control. If Clients are misbehaving including abusive emails and telephone calls, or requesting functionality which ORAAMO do not offer, ORAAMO has the right to not host a Website, or terminate hosting without giving notice. All Websites are configured to work on ORAAMO’s hosting services and/or server. Any Clients wishing to use other hosting services and or servers will be responsible for having it configured so that it can be used on hosting and or servers of their choice.

26. ORAAMO will allow a maximum of a certain gb of bandwidth allowance per Website per month. This will be clearly stated to each Client and sent in writing to the Client. Should a Clients Website exceed this limit, ORAAMO reserve the right to levy additional charges or insist the Client makes arrangements to transfer the hosting and email services to an alternative provider within a reasonable timeframe. The additional charges will be imposed on and are variable in price. These will be stated and sent in writing to the Client.

27. ORAAMO accepts no responsibility for configuration and or any costs incurred by the Client.

28. Payments to ORAAMO
The total amount payable to ORAAMO is excluding VAT for any services provided by ORAAMO:

(i) At least a 50% deposit is required for any from the Client before any work is carried out. The Client agrees that the deposit shall not be refundable. In all cases, any further costs to be incurred by ORAAMO are payable by the Client in advance and are not refundable.

(ii) The Maintenance Package will be payable by the Client to ORAAMO on the date that this service commences. The fee will be monthly and exclude VAT. ORAAMO shall thereafter issue an invoice in respect of the Fee on a monthly basis from the start date.

(vi) In the event that these terms and conditions and or the Agreement ceases, the Client may be liable to pay further sums to ORAAMO and the Agreement will cease immediately.

(vii) Any remaining balances in regards to any services provided by ORAAMO must be payable to ORAAMO on the date that these services are complete and agreed by both parties.

29.
(a) It is ORAAMO policy that any outstanding accounts for work carried out by ORAAMO or its affiliates are required to be paid in full, no later than 1 day from the date of the invoice unless by prior arrangement with ORAAMO. If accounts are not settled or ORAAMO have not been contacted regarding the delay, access to the related services provided by ORAAMO shall be denied.

(b) ORAAMO will only commence work on design and development after at least 50% payment has been paid of any agreed fee from the Client. Once these services have been completed, the remaining balance becomes due with immediate effect. The Clients Website will not be made live on their selected domain until the agreed account balance is paid in full. Websites may not be transferred to 3rd party hosting providers. ORAAMO reserve the right to remove Websites and supporting files if the Client breaches any terms relating to the aforementioned agreements.

30. It is important that the Website is not in any way illegal. ORAAMO shall expect the Client to carry out sufficient research before proceeding with the Website. This will include checking that the Website / idea / business will operate legally within UK law.

31. ORAAMO will not be liable or become involved in any disputes between the Website owner/s and or the Client and cannot be held responsible for any wrongdoing on the part of the Website owner and or the Client.

32. ORAAMO reserves the right to decide whether a refund is applicable if requested by the Client for any reason. A refund is not guaranteed by ORAAMO.

33. ORAAMO cannot be held responsible for problems or additional costs arising due to any errors made by the Client or third parties, or failure to maintain a current copy of the Website.

34. Images purchased by ORAAMO on behalf of the Client are strictly for use on the Website only, unless otherwise agreed. These will be stated and sent in writing to the Client. ORAAMO are not liable for misuse of these images by the Client or any other person/s copying, altering or distributing the images to individuals or other organisations. ORAAMO cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that they might claim is a result of a service offered by ORAAMO.

35. Where ORAAMO have been asked to provide search engine optimisation for a Client, ORAAMO do not guarantee any specific placement or high ranking on search engines. ORAAMO will provide the Client with an expected Website completion date (live on the internet) if requested. ORAAMO will endeavour to meet any given deadline but ORAAMO are not bound in any way to complete the Website by this date. ORAAMO will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

36. ORAAMO will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Client or any of the Clients appointed agents.

37. It is the Clients responsibility to check with ORAAMO that open source software is being used or not.

38. ORAAMO does not charge the Client for open source software. Open source software is not owned by ORAAMO or the Client.

39. There is an immediate cessation of all current and future warranties where a Client has requested from us anything that results in passing the control of a Website from ORAAMO to the Client. This result in ORAAMO losing control of the Website and changes could be made by the Client or their agents. Loss of control by ORAAMO can take place if FTP codes and or source codes have been passed to the Client. This loss of control can occur in other situations such as where the Client has requested placing the Website onto a server of their choice and not the ORAAMO server. Under any of these circumstance(s) which results in loss of control by ORAAMO then there shall be absolutely no future warranty and this also revokes all undertakings of past warranties, unless such warranties allow the transfer of control to the client.

40. All images displayed on the Client’s Website will only be used after authorisation by the Client and are the responsibility of the Client and regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images for the Client; this will be the responsibility of the Client.

41. ORAAMO has no control of, or responsibility for, the content of the Client’s Website. In no way does the textual or image based content of the Client’s Website constitute ORAAMO endorsement, or approval of the Website or the material contained within the Website. ORAAMO is not responsible for any of the materials, images or information contained within the Client’s Website and is not responsible for the content or performance of the Websites or for the Client’s transactions with them. ORAAMO may host the Website. ORAAMO will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the Website hosting will be available at all times, especially in the event of a technical failure beyond our control. The Client must supply all information requested by ORAAMO within seven working days from the date of this request. If the Client fails to supply this information in writing, then the Website can be terminated by ORAAMO and all monies paid may not be refunded. If information is not received within stipulated time by ORAAMO the quote given to the Client can be increased or the Website cancelled at the discretion of ORAAMO.

42. ORAAMO is not liable for loss, damage or corruption to files or information stored on our servers or individual PC’s relating to the Client’s Website. The Client is solely responsible for any information or files relating to their Website. ORAAMO reserves the right to revise and amend an initial quote to the Client where needed, subject to the prior agreement of the client.

43. Unless otherwise explicitly agreed and stated, ORAAMO’s responsibility is limited to designing and developing the Website and excludes the update, use, altering, maintenance, troubleshooting etc. of the Client’s Website/s once online (live).

44. ORAAMO uses the Clients material e.g. text, information, photos etc to design and develop the Website. ORAAMO is not responsible for these materials. The use of the Website is at the visitor’s or users own personal risk. ORAAMO does not warrant the content, accuracy or veracity of any material or other information on the Website nor does it warrant that the Website is free from errors, faults, viruses or other computer or data-corrupting or data-damaging material.

45. Descriptions of, or references to information, products, services or publications within the Client’s Websites do not constitute or imply their endorsement or recommendation in any way by ORAAMO, its employees or contractors.

46. ORAAMO will respect your privacy and ensure that all sensitive and personal information provided to us is lawfully processed and held in accordance to the Data Protection Act 1998. Personal/sensitive information is deemed to be any information that identifies a living individual.

47. ORAAMO will control the data you supply and we agree to collect and control this information in accordance with the Data Protection Act 1998. Our contact information can be found on the “contact us” page of our website.

48. ORAAMO collects information from you when you submit an enquiry, call us for information and or send an e-mail. The information we collect may include:
Your name, e-mail address, your company name, address, telephone and or fax numbers.
49. ORAAMO only uses the information you provide us to make improvements to our service. We also action any requests you make and may supply you with requested information. ORAAMO will not sell or share your personal data with others.

50. ORAAMO endeavour to keep all personal information up to date. We will amend any information we find to be inaccurate or are informed is inaccurate at our earliest convenience.

51. To ensure compliance with the data protection act 1998, ORAAMO are happy to supply you with any details we hold about you. There may be an admin fee for requests of this nature. This fee may be imposed on and is variable in price.

52. To prevent the unauthorized access or disclosure of your personal information, ORAAMO have put in place all reasonable physical, electronic and managerial systems required. If you are asked to enter sensitive personal information pertaining to payment details, ORAAMO ensure 128bit SSL encryption is in place via our merchant provider.

53. Exclusion of Liability
To the maximum extent permitted by law, ORAAMO excludes liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitor’s or user’s access to, or use of the Website, or any material thereon, whether based in contract, or whether negligent or otherwise, even if ORAAMO has been advised of the possibility of such damage.
ORAAMO reserves the right to change these terms and conditions at any time.