The Company is registered in England and Wales and is limited by shares. The Company number is 08986009.
Terms and conditions
This document constitutes a legal agreement between NRG Web Solutions ltd ltd and a customer for the purposes of web site design or development.
These Terms and Conditions detail the provisions under which the customer uses the services supplied and may be updated periodically.
NRG Web Solutions ltd take customers privacy and security very seriously, Customer details will never be passed on to third parties for any purpose, except when we are required to by law enforcement agencies.
NRG Web Solutions ltd may notify customers of special offers and updates to services via email, and send greetings on special occasions. On rare occasions it may be necessary to send out strictly service related announcements to customers.
NRG Web Solutions ltd service provider will make every effort to maintain security on their Servers. However, it must be accepted that the internet is inherently a non- secure environment. NRG Web Solutions ltd will not be liable for any loss of business, lost profits, lost data, failure of security or any or all indirect or consequential damages whether or not such damages are foreseeable.
If customers request links to external sites to be included as part of a build, please be aware that NRG Web Solutions ltd is not responsible for the content of external sites, nor for seeking appropriate permissions from the site owners.
NRG Web Solutions ltd will always work in accordance with the Data Protection Act 1998.
3. Acceptance of work
Quotations are valid for 7 days from date of issue and both the customer and NRG Web Solutions ltd may withdraw at any time prior to formal acceptance.
Additional work requested by the customer, which is not specified in the agreed quotation is subject to an additional quotation on acceptance of the specification. If the work is needed as part of an existing project then this may the effect timescale and overall delivery time of the project.
The Customer agrees to provide all requested information and content required in good time to enable completion of design work, if after a ‘reasonable’ time (usually 14 days from request) the customer has not supplied the content, the contract will be voided and any deposit paid will be lost.
4. Copyright and site content
If ‘stock’ images are purchased and used to populate a Customers website then these images are strictly for use on the website created by NRG Web Solutions ltd’. NRG Web Solutions ltd will not be liable for any misuse of these images by the Customer or any others who may copy, alter or distribute these images in breach of copyright.
Any images or narrative provided by the customer must be wholly owned by them or the customer must have appropriate copy write permissions. NRG Web Solutions ltd will not be held responsible for any allegations, of, or breach of copyright.
The Customer agrees that NRG Web Solutions ltd may include a development credits and link to the NRG website within a completed web site. The Customer also agrees that NRG Web Solutions ltd reserves the right to include any work undertaken on behalf of the Customer in its on-line portfolio of work.
NRG Web Solutions ltd reserves the right to refuse to handle:
• Any media which is unlawful or inappropriate;
• Any media which contains a virus or hostile program;
• Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
• Any media which constitutes a criminal offence, infringes privacy or copyright
5. Domain names
NRG Web Solutions ltd can, but is not obliged to, offer domain name registration and hosting via a third party service. The Customer agrees that registration of a domain name does not provide endorsement of the right to use the chosen name.
The Customer is responsible for ensuring they have due title to the domain name. NRG Web Solutions ltd holds no liability and the Customer hereby agrees to indemnify and hold harmless NRG Web Solutions ltd from any claim resulting from the Customer’s registration of a domain name.
The Customer should be aware that a domain name is registered with a third party and as such the Customer shall agree to fully abide by the terms and conditions set out by the third party for such services – the Terms and conditions of the third party can be provided on request.
The domain name will be registered in the Customer’s own name, address and contact details. The customer agrees that information submitted for registration of Domain names is then available the general public via the Nominet Whois system. However, Customers that are using their web site for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.
All new domain registrations are for a 12-month period, domain transfer will be for the remaining lifespan of the domain.
The expiry of the Customers domain name will be shown on the initial invoice; Customers need to make themselves aware of this date.
Domain name and site hosting renewal invoices are generated 21 days in advance and sent to Customers registered e-mail address. It is the Customers responsibility to ensure this e-mail address is kept up to date.
Domain names expire on the day immediately after their renewal date and this is outside NRG Web Solutions ltd control. As such it is strongly recommended that renewal is confirmed and paid for a minimum of 7 days before the expiration date. If a domain is not renewed by the due date, it will be deleted and will need restoring by NOMIS if the domain name remains available – there are additional charges payable for this.
When an account is terminated all files relating to the website account and any email accounts will be deleted from the servers rendering tem unusable and no history will be retained.
Depending on the package purchased NRG Web Solutions ltd will provide a maximum of 5 email addresses per domain name registered and will not be responsible for providing any technical support relating to email services.
The individual email accounts each have a maximum size of 250mb, it is the customer’s responsibility to ensure that the content is below this size.
In using the mail service the customer agrees not to:
• Send emails that might cause annoyance, inconvenience or anxiety to a recipient.
• Send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful.
• Use mail services or network to send email to any user who does not wish to receive it.
• Use our mail services or network to send unsolicited email, in bulk (commonly known as ‘spam’) or individually.
• Use our mail services or network with intent to deprive others of service (‘mail bomb’).
• Use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender.
NRG Web Solutions ltd strongly advises that customers use secure, unique passwords for email accounts to reduce the risk of illicit access. It is the customer’s responsibility to ensure that any important email content or attachments are backed up elsewhere, no responsibility will be accepted for any email based security or data loss issues.
Email accounts are not subject to backup, it is the customers responsibility to backup any important email.
NRG Web Solutions ltd will not be liable for any loss of business, lost profits, lost data, failure of security or any or all indirect or consequential damages whether or not such damages are foreseeable.
7. Contact forms
As part of a design brief, NRG Web Solutions ltd may include as part of a site build a ‘contact form’. The contact form will either use PHP or use a third party provided service and as such NRG Web Solutions ltd is not responsible for the performance of this service. It is suggested that the customer performs periodic checks of the operation of the contact form.
NRG Web Solutions ltd will not be liable for any loss of business, lost profits, lost data, failure of security or any or all indirect or consequential damages whether or not such damages are foreseeable.
8. Site content
The Customer is to provide the digital content for each page, up to 4 images per page and text of up to 1000 words per page, where page content is in excess of this, NRG Web Solutions ltd reserves the right to charge an additional cost for typing out hard copy, scanning content or photographs for image creation and for additional content.
9. Site amendments/change in first year
As part of the initial site build and for the first elapsed year of operation NRG Web Solutions ltd will make ‘reasonable’ amendments to the website e.g. price changes. This is limited to a maximum of 1 hour (cumulative) of work within the year.
After the 1 hour of alteration work further change will be chargeable at an agreed hourly rate (current rate published on website) or a bespoke quote will be issued for a block of work e.g. a wholesale re-design of a website.
NRG Web Solutions ltd will advise the Customer of such and send a separate quotation to the Customer and to request payment for any further alterations. NRG Web Solutions ltd reserves the right to request payment be received for further alterations before continuing work.
All alterations are to be requested in writing by email. NRG Web Solutions ltd will advise the customer of the balance of their amendment allowance on request and on completing and publishing a change.
10. Site amendments/changes subsequent years
After the first year’s free maintenance, any changes required by the customer will be charged at the current hourly rate published on the NRG Web Solutions ltd Website. This could include layout changes, whole new product line or services.
Customer accepts that a HTML page built from a graphic design may not exactly match the original colours or layout of a design because of the difference between the display in design software and the rendering of HTML code by internet browser software. NRG Web Solutions ltd agrees to try and match the design as closely as is practical when building the code.
12. Display on alternate devices
Sites are built initially to suit a desktop PC environment and care is taken for them to display correctly on a wide range of devices, however no guarantee cannot be made that the customers site will display correctly across all devices or that all site functions will be available across all types of device.
13. Search Engine Optimization (SEO)
As part of a site build, NRG Web Solutions ltd will include a basic level of SEO which will include the coding of meta tags and a range of other measures designed to maximise search engine positioning.
In doing so NRG Web Solutions ltd endeavours to create pages that can be crawled by search engine spiders. However, NRG Web Solutions ltd gives no guarantee that the site will become listed with search engines or for the success of these measures.
14. External factors
After the initial upload of site files NRG Web Solutions ltd is not liable for the impact of any software or versions changes of the main browsers e.g. Internet Explorer and Mozilla Firefox, which may affect the functionality and display of a web site. As such, NRG Web Solutions ltd reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browsers. For the avoidance of doubt this includes year 1.
While every effort is made to ensure that any website produced displays correctly on a wide range of devices e.g. PC’s, tablets and mobile telephones, no guarantee is made that websites will display correctly on all current or newly developed devices.
If requested NRG Web Solutions ltd will provide hosting for customers website, this service is provided by a third party. The provider endeavours to provide a 99.9% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control.
Should the provider break this SLA in any calendar month with unscheduled service unavailability (as verified by our network monitoring) NRG Web Solutions ltd will upon request credit a full week’s hosting cost (pro rata) to your client account.
The SLA is rescinded if the customer has an overdue invoices on their account, or if the customer has paid the invoice for the period of the disruption late.
NRG web Solutions ltd makes no guarantee to defend a customer’s website from a denial of service attack.
We are unable to assert fitness for any specific purpose and as such the NRG web Solutions cannot be held liable for any form of consequential loss or damage caused directly or indirectly by use of our service, misuse of our service, downtime, service issues, data loss or any other event.
NRG Web Solutions maximum aggregate liability to the customer under or in connection with this agreement in respect of any direct loss, whether such claim arises in contract or in tort shall not exceed a sum equal to twice the fees paid by the customer for the services in relation to which your claim arises during the [12/24 month] period prior to such claim.
None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from our negligence, the negligence of our employees or our sub-contractors. We will not be liable for any interruptions to services arising directly or indirectly from:
• Interruptions to the flow of data to or from the internet
• The effects of the failure or interruption of services provided by a third party
• Factors outside our reasonable control
• Your actions or omissions
• Problems with your equipment and/or third party equipment
No action or proceedings against NRG Web Solutions arising out of or in connection with this agreement shall be commenced more than one year after services rendered, and both parties acknowledge that this clause constitutes an express waiver of any rights under any otherwise applicable statute of limitations.
In the event of any preventable disruption to service we will credit your account as described in our Service Level Agreement. NRG Web Solutions Ltd liability will not exceed the total amount paid for the service. If you have sensitive or mission-critical data to host, you must seek your own insurance and independent legal advice.
The third party service backups are intended as a convenience service and are not guaranteed or intended to replace your backup procedures. It is your sole responsibility to ensure you have a backup of all your important data.
If a customer prefers to use their own hosting provider, NRG Web Solutions will provide them with the site source code for uploading.
On request NRG Web Solutions may agree to upload site files to their host, the customer must provide the appropriate FTP data
FTP host address:
FTP user name:
As part of the upload process NRG Web Solutions ltd will not be liable for any loss of business, lost profits, lost data, failure of security or any or all indirect or consequential damages whether or not such damages are foreseeable
16. Payment terms
Prices are subject to change without notice – latest available prices are as published on NRG Web Solutions ltd website.
After a website design is agreed a deposit of £100 is immediately payable and the balance is payable once the customer has signed off the content of the live site on the internet. NRG Web Solutions ltd reserves the right to receive interim payments for large pieces of work.
Once an invoice is sent to the Customer it must be paid by BAC’s transfer to NRG Web Solutions ltd.
All invoices must be paid in full within 14 days of the invoice date, except where agreed at NRG Web Solutions ltd’ discretion.
NRG Web Solutions ltd reserves the right to decline further work on a project if there are invoices outstanding with the Customer and also reserves the right to remove its work for the Customer from the Internet if due payments are not received on time.
If work is removed from the internet and an outstanding invoice is paid a charge will be payable (£50) for reinstating the website.
17. Cancellation, refunds, termination and disputes
The initial £100 deposit payment for website development is non -refundable,
Annual fees for domain registration and hosting are non-refundable.
Any disputes should be expressed in writing
18. Liability Exclusive remedy; time limitation on filing any claim.
The customer agrees that NRG Web Solutions ltd entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any NRG Web Solutions ltd service(s) provided under this agreement and/or for any breach of this agreement is solely limited to the amount you paid for such service(s) during the term of this agreement. In no event shall network solutions, its licensors and contractors (including, but not limited to, third parties providing services as part of the subscription service for websites from NRG Web Solutions ltd) be liable for any indirect, incidental, special or consequential damages even if NRG Web Solutions ltd has been advised of the possibility of such damages. To the extent that a state does not permit the exclusion or limitation of liability as set forth herein NRG Web Solutions ltd liability is limited to the extent permitted by law in such states. NRG Web Solutions ltd and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store email messages; (7) loss or liability resulting from the development or interruption of your Website or your NRG Web Solutions ltd Website; (8) loss or liability from your inability to use our email service, Website manager service or any component of the subscription service (for websites from NRG Web Solutions ltd); (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agent’s failure to pay any fees, including the initial registration fee or re-registration fee; (10) loss or liability as a result of the application of our dispute policy; or (11) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in xml, xkms, or any other standard not under NRG Web Solutions ltd sole control. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED. You further agree that any dispute or disagreement relating to or arising out of this Agreement or the Services shall be resolved on an individual basis. As such you acknowledge and agree that you may not bring a claim that relates to or arises out of this Agreement or the Services as a plaintiff or a class member in a class action, a consolidated action or a representative action. Class actions, representative actions, private attorney general actions, and consolidation with other actions are not permitted.
NRG Web Solutions ltd provides the customers web site and the contents thereof on an “as is” basis and makes no warranties with regard to the site and its contents, or its fitness for purpose. NRG Web Solutions ltd cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the site contents are current, accurate or complete.
NRG Web Solutions ltd endeavours to provide a web site within given delivery timescales to the best of its ability. However, the Customer agrees that NRG Web Solutions ltd is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
The Customer agrees NRG Web Solutions ltd is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, illness, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
Whilst every effort is made to make sure sites are error free, NRG Web Solutions ltd cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free.
NRG Web Solutions ltd shall have no liability to the Customer or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if NRG Web Solutions ltd has been advised of the possibility of such damages.
There are sometimes laws and taxes which affect Internet ecommerce. Customer agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend NRG Web Solutions ltd and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Customer’s exercise of Internet ecommerce.
NRG Web Solutions ltd may from time to time recommend to the Customer that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. NRG Web Solutions ltd reserves the right to quote for any updates as separate work. Customer agrees NRG Web Solutions ltd is not liable for any failure to inform or implement these updates to their site. Customer agrees that it shall defend, indemnify, save and hold NRG Web Solutions ltd harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
NRG Web Solutions ltd service provider site data backups are intended as a convenience service and are not guaranteed or intended to replace the Customers backup procedures. It is the Customers sole responsibility to ensure all important data is backed up elsewhere.
NRG Web Solutions ltd is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
By accepting a quotation or making a payment of invoice to use the services supplied, the Customer acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
19. Length of contract
All hosting contracts are for a 12 month period from the date of customer acceptance of the completed website design.
For initial quality assurance NRG Web Solutions ltd will host the customer’s website in a test environment for review. When this has been signed off by the customer the final payment will immediately become due. When this is paid, the site will be migrated to the customer’s domain name and hosting for final sign off. The rolling year of the contract will begin from this date.
After the initial 12 month period customers may choose to use NRG Web Solutions ltd to continue to host their site and charges for this service will be as detailed on the NRG Web Solutions ltd website at the time of renewal.
If the customer does not renew the hosting service then it will removed.
20. Cessation of business/notice to quit
NRG Web Solutions ltd will provide the customer 3 month notice of its intent to cease hosting or cease supporting any given customer site. If this should happen within the first year of service then a pro-rata refund of the development charge will be made (3rd party cost are excluded from any refund).
NRG Web Solutions ltd will on request provide source copy of the content and HTML code used in the creation of a customer’s site. NRG Web Solutions ltd is not responsible for the load to the new hosting service.