Our terms & conditions of use policy

Your guide to our terms & conditions of use policy and how this may affect you

Serving Bakersfield and Just Check Web Design believe that we all need a good level for standards of service, and as such, on this page you can read what our terms & conditions of use policy is, and what this may mean for you..

This page covers the following:

Serving Bakersfield as found on www.servingbakersfield.com
Just Check Web Consultancy as found on www.justcheck.co.uk
Just Check Web Design & Promotions as found on www.justcheck.co.uk

This policy is subject to change, so please check regularly for updates. This policy is in addition to any other policies operating on this site or at Just Check Web Design Services.

DEFINITION OF TERMS:

The supplier (“we”, “us”, "I" or “our”) - Serving Bakersfield, Just Check Web Design
The client (or you) - the entity which enters into a contract with Just Check Web Design & Promotions
Design Domain Name - the root address of a website, e.g. www.webaddress.com. All such names must be registered with the appropriate naming authority, which will usually charge a fee
Downtime - time when the website is not accessible via the Internet. This may be because of a technical failure of the Host or because work is being carried out on the site
Host - the company on whose system the Website physically resides
Hosting Service - A ISP or Server that provides the hosting for the website
Link, Hyperlink - a 'clickable' link embedded on a web page which may take the form of a graphic or text
Search Engine - a website which contains a directory of websites on the Internet enabling users to find websites by subject matter classification
Website - a collection of web pages and associated code which forms an integrated presence
The Work - the subject matter of the contract between the Client and Just Check Web Design, otherwise also referred to as Web Design Project
Contract Start Date – the date this contract is considered to be in force, or when the domain name was registered on behalf of the client, either at the clients written or verbal request, or when hosting commenced (if hosting on web hosting free servers)

1. INTRODUCTION:
1.1 You will be able to access most areas of this Website without registering your details with us except using our Online Forum (see 1.3) or Registering your interest with us (see 1.4) for further information
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
1.3 Forums
1.31 If you register on our Support Forums please review the Terms & Conditions of registration on the forums
1.4 Registering your interest with us
1.41 By registering your interest with us you or we are not at that point entering into a legally binding contract. We will discuss your requirements first and establish what your needs are. Only when we have established your needs will we send you a written quotation based on your needs, and then if you accept, then all other conditions below come into force.

2. ORDERING FROM US:
2.1 You are deemed to place an order with us by ordering via our online/application checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the services that you have ordered.
2.2 Our acceptance of an application takes place when we confirm the application. We will send you a confirmation by email which will give you a reference number. When we process the order the purchase contract will be made even if your payment has not been processed immediately, unless we have notified you that we do not accept your order/application or you have cancelled your order/application.
2.3 We may refuse to accept an order/application: (a) where your requirements is not available; (b) where we cannot obtain authorisation for your payment; (c) if there has been a pricing or product description error; or (d) if you do not meet any eligibility criteria set out in our terms and conditions.
2.4 The minimum purchase prices for our services are clearly stated on the FAQ and Purchase areas. It is up to you, the purchaser to be certain what services you are wishing to purchase.
2.5 When you purchase any of our services, you will not own any part of our site, but you are granted by that purchase, to submit the appropiate jpeg files and/or, additional information so that your purchase can be completed.
2.6 After your purchase(s), the information will be posted to the site as quickly as possible. In exceptional circumstances, please allow up to 28 days for this to take place, but generally speaking, your requirements will be up and running within 48 hours after successful payment and acceptance. This will take longer if you are purchasing additional web design services.
2.7 You cannot change anything once your order has been accepted. There may be exceptional circumstances when we can do this, but you may be subject to an additional administration charge for making this correction after your order has been accepted. The administration charge can be up to 20% of your original purchase price.
2.8 No obscene/offensive/adult images/links will be accepted, and we decide what is appropriate for our site. If you submit an image or link that is rejected, you will have the opportunity to provide an alternative.
2.9 Images must be in GIF or JPEG format, and a reasonable file size.
2.10 Links must be to web pages only and begin with http://
2.11 You must have the authority to provide the image and link for the website you submit.
2.12 Funds must be fully received and cleared before your information goes live on the Just Check website. If for any reason your information has been posted by us, for example to allow you to see what we have done for you, then this is acceptable.
2.13 WE WILL NEVER ASK YOU FOR YOUR CREDIT/DEBIT CARD OR BANK INFORMATION. If you receive an email asking for this information please contact us immediately, and DO NOT reply to the email you received.

3. PRICING & INVOICING:
3.1 Our prices do not include VAT as we are not registered for VAT.
3.2 Where we charge separately other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically and the next review will be on 01/01/2011 or if we become eligible for VAT.
3.4 We deal with PayPal and Google Checkout to process our invoices and BACS. When you are asked to make payments for your application, this will be carried out on either of these secure servers, or by BACS automated credit services. You may make payment via a PayPal or Google account, Credit or Debit Card, BUT only using their secure servers.

4. CANCELLATION POLICY & REFUNDS
4.1. If you are a 'consumer', you may have a right to cancel this contract under the Consumer Protection (Distance Selling) Regulations 2000 or similar laws amending or replacing it. The right must be claimed in writing within seven working days of the start of the services with Just Check.
4.2. Upon cancellation, access to services supplied by Just Check will be removed, and any account or services will be terminated and files or content, including web files and email will be deleted. Once this is complete any monies paid to us will be returned to the consumer within 30 days.

5. LICENCE
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission
5.4 Any rights not expressly granted in these terms are reserved
5.5 Depending on the type of service purchased, this will last for one year from the date of your purchase. We will contact you sometime prior to your period ending, and invite you to continue with us. Unless you agree, then no further payments will be taken, and it will be assumed that you no longer wish to continue after your year. In either case, payments will NOT automatically be taken, unless otherwise agreed by both parties
5.5 If your link is accepted and you later change the content of the linked site to show offensive/obscene/adult material then your link will be removed until you provide a new one, and you will not get a refund of any kind for the link downtime
5.6 If for whatever reason in the future you want the service(s) removed you can do that, but you will not get a refund and the space will become publically available again

6. SERVICE ACCESS:
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control
6.3 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website or by any hosting company that we may use on your behalf.

7. VISITOR MATERIAL AND CONDUCT:
7.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data)
7.3 You may not misuse the Website (including, without limitation, by hacking)
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3

8. LINKS TO AND FROM OTHER WEBSITES:
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk

9. REGISTRATION & SIGNUP:
9.1 To register with www.justcheck.co.uk you must be over eighteen years of age
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions
9.5 By signing up you are agreeing that we may keep you informed about special offers and information relating to the Just Check website and community

10. DISCLAIMERS:
10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material
10.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website

11. LIABILITY:
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way
to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website
11.2 Nothing in these terms and conditions shall exclude or limit our liability for
(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(ii) fraud;
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details

12. GOVERNING LAW AND JURISDICTION:
12.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts
12.2 We do not warrant that materials/items/services for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws

13. MISCELLANEOUS:
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999
13.4 Any charity donations will be made in line with the information shown on that section of Frequently Asked Questions
13.5 By submitting your information and being accepted, and having paid, you are agreeing to these terms and conditions as outlined above without exceptions. You are furthermore agreeing to any other additional information as shown or outlined within the JUST CHECK website

14. Changes:
14.1 Just Check reserves the right to add, delete, or modify any provision of these 'Legal Terms' at any time without notice.
14.2 Failure to receive notification of a change does not make those changes invalid.