Our contract of business begins once the Customer has paid the first-stage invoice

This agreement sets out the following terms agreed between luketom ltd and the customer.

Annual hosting: domains and websites

Where applicable (defined as sites and domains hosted by luketom.com), annual hosting charges will apply. Domain hosting can apply to any and all domain names registered on our clients’ behalf. Domains or websites hosted elsewhere do not qualify for annual hosting charges, back-ups or updates included in our annual hosting fees.

Website hosting is additional to domain hosting. This charge covers the server space where your website resides and includes regular back-ups of all data relating to the website, including its database; essential updates to WordPress and associated essential plug-ins; and ongoing spam and malware protection.

Non-payment of hosting could result in termination of your contract with luketom.com. If termination occurs, we will keep your site on our systems for only 14 days. If all hosting charges are up to date, clients can request their website as a zipped file at any point during their contract.

We include reasonable minor updates to websites or hosting packages within our standard hosting fee, up to 30 minutes’ work in any three-month period or quarter. We charge our standard hourly rate for work requested after the first 30 minutes.

Clients cannot roll over unused inclusive hours on Standard and Premium hosting packages beyond any 12-month hosting period. Should any single requested task take more than two hours to complete, luketom reserves the right to estimate and charge additionally over and above the service contract.

Rates and tariff for editing, coding and amendments

• Standard hourly rate: £60 per hour during normal working hours, 8am to 5pm Monday to Friday
• After 5pm: £100 per hour
• After 7pm: £200 per hour
• After 9pm: £400 per hour
• Weekends: the rates above plus 50%

Hosting termination, refusal for annual renewals and cancellation

luketom.com reserves the right to refuse continuation or renewal of annual hosting contracts at its discretion. This also covers ongoing support, advice and renewal of services. If luketom.com refuses hosting renewal, we will give the client one month’s notice to re-host their site with another webmaster. We will transfer all site files and databases to the client. Cancellation of hosting services is non-refundable after three months have elapsed from either the start date or renewal anniversary.

Important information about hosting outside luketom.com

Clients may host their website themselves or with a third-party company or webmaster. However, in the event of a site failure due to administration mismanagement, hacking or outdated software, luketom cannot be held responsible for any outages. In these instances, we charge our standard hourly rate for reparatory work. We can reinstate sites from the point of handover for £60 plus VAT. Alternatively, we can supply the site and database as a zipped file at no charge for the client to reinstate.

1 Services

1.1 luketom.com agrees to supply to the Customer, and the Customer agrees to purchase from luketom.com, the services set out within the estimate or quote supplied.

1.2 Email, mailboxes and device set-up: On request, we provide emails and mailboxes free of charge with all hosting packages. luketom.com can create mailboxes hosted within a domain on luketom.com servers. luketom.com does not offer on-site or remote set-up of email accounts on customers’ devices, including smartphones, tablets, laptops, PCs or Macs. We can provide contact details for a reputable IT support company that can assist with account set-up and cloud support. luketom does not guarantee that free email services will reach all mail servers or that all mail servers will accept them.

2 Commencement

2.1 This agreement commences with effect from the date of execution by the Customer, subject to the acknowledgement that luketom.com’s obligation to commence provision of the services begins only upon confirmation of acceptance of these terms and receipt and clearance of the 50% non-refundable deposit.

3 Payment terms

3.1 The Customer agrees to pay luketom.com the charges set out in the supplied estimate or quote.

3.2 The Customer agrees to pay a 50% non-refundable deposit upon execution of this agreement. The final 50% is due upon completion of the service, before the site goes live or we modify it. The Customer must also pay before we issue permanent content-management usernames and passwords. The same criteria apply where a 33% deposit arrangement has been agreed.

3.3 luketom.com reserves the right to charge a reasonable administration fee for late payment. This also applies if the Customer’s bank or building society does not honour a payment. Should 36 months elapse from commencement with no contact from the client, all previous deposit payments will be null and void.

3.4 luketom.com may charge interest on late payment at 4% above the Barclays Business Banking base rate. Interest covers the period from the due date until luketom.com receives cleared payment.

3.5 If luketom.com has completed a significant amount of work that has awaited client approval for at least six months, we reserve the right to request full and final payment.

4 Transfer

4.1 If the Customer instructs luketom.com to transfer the site to another hosting company, the Customer agrees to pay luketom.com’s standard transfer fee in cleared funds before the transfer is effected.

5 Customer obligations

5.1 The Customer agrees that:

1. All information supplied in connection with the Customer’s business or proposed website content is accurate and is not misleading or offensive.
2. luketom.com may make information supplied by the Customer available to the public in whatever form it considers appropriate.
3. The Customer’s business practices do not infringe any law, regulation or rights of any person.
4. The Customer will be courteous and efficient in all dealings with luketom.com and anyone appointed by luketom.com.
5. The Customer will make all payments due on the due date.
6. During this agreement and for three years afterwards, the Customer will not hire, attempt to hire, induce or attempt to induce any employee, supplier, partner or consultant of luketom.com.

6 Domain names

6.1 The parties may agree that luketom.com will take over the Customer’s domain name or names to deal with invoicing and renewal. Provided all accounts are settled, the domain names remain the Customer’s property. If the Customer retains its own domain names, the Customer accepts complete responsibility for payment and renewal.

7 Termination

7.1 luketom.com may terminate this agreement with immediate effect by written notice if the Customer commits a material breach and fails to remedy it within 30 days of a request; owes outstanding payments; or becomes bankrupt or insolvent or enters into an arrangement with creditors.

7.2 The right to terminate is without prejudice to any right or remedy in respect of the breach concerned or any other breach.

8 Consequences of termination

8.1 If luketom.com terminates this agreement for the reasons in clause 7.1, it has no obligation to release the site or domain name until the Customer has paid all outstanding liabilities.

8.2 luketom.com may take down the website and charge an administration fee for reinstatement after outstanding liabilities are settled.

8.3 luketom.com may terminate all services to the Customer, irrespective of continued payment of hosting fees.

9 Indemnity and liability

9.1 The Customer agrees to indemnify luketom.com against claims, losses, costs, demands, liabilities and damages (including consequential loss, loss of profit, interest and professional costs) arising from publishing material, including imagery and text, at the Customer’s request or through any third party.

9.2 luketom.com will not be liable for delay or failure caused by events beyond its reasonable control, including events within the control of computer, telecommunications, electrical and internet service providers.

9.3 luketom.com’s total liability to the Customer is limited to the total amount paid by the Customer under this agreement. luketom.com does not accept liability for loss of business, profits or other indirect loss.

9.4 Any timescales agreed for services are estimates only and time is not of the essence, except for payment terms.

Website content and cookies

9.5 luketom.com is not liable to return artwork or other material supplied by the Customer for the purpose of providing services.

9.6 Cookies and cookie law: Cookies may be used to provide data about website use, including tracking and visitors. The client must comply with applicable data-protection and cookie rules on their own website. They must also instruct the use of a cookie notice where needed. luketom.com can advise which cookies are necessary and which require disclosure or consent.

9.7 luketom.com does not accept responsibility for the truth of statements made on the Customer’s website, hurt or offence caused by statements or opinions, or damages for defamation, loss of reputation or loss of business.

9.8 luketom.com is not responsible for losses caused by a website user republishing or distributing information from the Customer’s website, or for infringement of copyright or other intellectual-property rights caused by material supplied for publication. The Customer indemnifies luketom.com against resulting losses, liabilities, costs and expenses.

Service availability and restoration

9.9 luketom.com accepts no liability for temporary suspension of service caused by circumstances beyond its control, including loss of internet, hosting or telecommunications services.

9.10 Full administration: If the client requests and luketom.com grants full administration access, luketom.com accepts no responsibility for accidental data loss, downtime or repairs. We charge the standard hourly rate plus VAT for work to reinstate a website. We can only carry out reinstatement up to 14 days prior to the incident.

9.11 Where client mismanagement requires website or database restoration from back-ups, luketom.com reserves the right to charge £50 plus VAT. We keep daily back-ups for 14 days. Data outside that period may be lost, and after hosting is paused or cancelled we cannot guarantee retrieval of removed files or databases.

10 Disclaimers

10.1 A Customer website may link to third-party websites and services for convenience. Such links do not authorise access or endorse third-party content.

10.2 luketom.com reserves the right to make the Customer’s website unavailable from time to time for scheduled or unscheduled maintenance.

10.3 luketom.com may decline development, production or design work involving political or religious scriptures, gambling or auction formats. This supports our commitment to a neutral and inclusive approach.

11 Confidentiality

11.1 The parties agree to keep the existence and content of this agreement confidential and not disclose related information to third parties.

12 Intellectual property

12.1 The Customer acknowledges that the intellectual property in the website belongs to luketom.com until the Customer pays the final balancing invoice in full.

12.2 Ownership of the website content and copyright transfers to the Customer upon payment of the final sum due, subject to clause 12.1.

13 Image and photograph rights

13.1 The Customer is solely responsible for obtaining all necessary intellectual-property clearances, consents and authorisations for images supplied to luketom for use on websites or digital media. Where editor or administrator access is provided, the Customer must also obtain any required licences and consents for images they upload. luketom.com is not responsible for legal action or financial demands arising from unauthorised images supplied by the Customer.

14 Trademarks

14.1 Names and logos identifying the Customer’s website, luketom.com and their products and services are proprietary marks. Nothing in this agreement grants the Customer or a third party a licence to use luketom.com’s marks or other intellectual property.

15 Assignment

15.1 luketom.com reserves the right to assign its interest in this agreement.

15.2 The Customer may not assign this agreement without luketom.com’s prior written consent.

16 Variation

16.1 The parties may vary this agreement only when both agree and record the variation in writing.

17 Entire agreement

17.1 This agreement represents the entire understanding of the parties on the matters referred to and supersedes all other written or oral understandings relating to them.

18 Governing law

18.1 The laws of England and Wales govern this agreement. Any dispute is subject exclusively to the jurisdiction of the courts of England and Wales.