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Terms and Conditions.

1. Definitions and Interpretations

In these terms and conditions:
'Focus' is a working division of This is Focus Limited;
'Client' refers to the party to whom Focus has agreed to provide the Services and who therefore agrees to abide by these conditions;
‘Partner’ refers to the party with whom Focus are working with on a project or pitch and who therefore agrees to abide by these conditions;
‘Subcontractor’ refers to the party who is sub-contracted by Focus to undertake work for either Focus or the Client, and who therefore agrees to abide by these conditions;
'Services' means the services to be performed by Focus;
'Design' means graphic or other design, website creation, construction and posting on the Internet.

 2. Agreement to Terms

This Agreement takes effect on the date on which you order our services. The web space and services provided by Focus is at all times subject to these terms and conditions and by using our services you confirm your acceptance of, and agree to be bound by them. These terms and conditions together with your completed purchase order form and / or Statement of Work and / or otherwise written agreement shall constitute the agreement between you and Focus. 

3. Your Obligations

You warrant that the name, address and invoicing information that you provided when you placed your order with Focus is correct and you agree to notify us of any changes in the name, address and / or invoicing details.

You agree that Focus may disclose your name and address where there is any complaint about the content of your pages or in relation to goods or services advertised there.

You agree that where milestone deadlines are set in relation to the final completion date of a project, that you will adhere to your responsibilities and supply documentation / information / feedback as required, in order that the project may remain on schedule. Failure to do so may incur subsequent and unavoidable delays, for which Focus cannot be held responsible. 

4. Usage

You warrant the accuracy, truthfulness and reliability of any information (including, where applicable, statements of opinion or advice) which you place on your web pages. You warrant that you are authorised to promote and/or provide any information which you promote and/or provide on your web pages (for example if you are providing financial information, that you hold any necessary authorisation under all relevant legislation including the Financial Services Acts).

You shall be entirely responsible for the content of your web pages. You shall not, under any circumstances, use your web pages to do any of the following: 

  • publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or unlawful material or information. 
  • threaten, harass, stalk, abuse, disrupt or violate the legal rights (including rights of privacy and publicity) of others. 
  • engage in illegal or unlawful activities. 
  • make available any material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents. 
  • act, or fail to act, in your use of your web pages, in a manner that is contrary to applicable law or regulation.

You are entirely responsible for any civil or criminal liability that is incurred as a result of use of your web pages, including user generated content from third parties using applications such as forums, news systems, blogs and social media (see 4.1).

4.1. Social Media

Any Social Media set up by Focus for the client is done so in a collaborative manner and to instruction. Any Social Media managed by Focus for you, or updates made by Focus will be in accordance with an agreed set of objectives. Focus can not be responsible for posts or responses made by third parties to your Social Media accounts. Focus can not be responsible for any posts or response not made by Focus, or made outside of normal working hours. Therefore, you have ultimate responsibility for your Social Media account(s) and any posts received on it / them.

5. Termination

Focus may terminate your web site hosting at any time, upon ninety (90) days' notice. You may also do the same. Where Focus terminates your subscription in reliance upon your breach of Agreement, or you terminate your subscription, you will not be entitled to any refund of any unused part of your charges. 

Focus expressly reserves the right to terminate or suspend your hosting without prior notice should you fail to comply with clause 4 of these Terms and Conditions or should Focus deem such action necessary where legal proceedings are threatened or issued regarding the form or content of your web pages and in such circumstances Focus will confirm such termination or suspension by subsequent notice. Focus may also consider termination should any activity, such as email based newsletter campaigns, result in Focus servers being blacklisted in any way by any third party or any activity that damages our relationship with our hosting providers. 

Save for any refund of unused parts of the subscription as above, you will not be entitled to any compensation whatsoever in the circumstances of termination and Focus shall not be liable for any consequential loss whatsoever in relation to termination of your account in any circumstances. 

6. Prices and Payment

Any estimate is valid for sixty (60) days after it is given and is based on Focus’s current costs of production and will only be subject to amendment by Focus once any additional costs are reviewed and approved by the Client. Estimates are based on the brief and information given by the Client and changes to the brief and amendments which result in additional work will be charged extra.

At the start of the project, Focus will usually issue an invoice for minimum 25% of project price which is payable immediately as deposit for the project. 

An invoice structure will be agreed with the client that may involve:

  • regular monthly invoicing as the project continues. 
  • payment of the final balance (less deposit) on completion of the Services.

Where a project stalls or extends beyond reasonable deadlines through actions / inactivity by the client, Focus reserve the right to invoice for work completed to the current point in a project. 

The client will pay the invoice by its due date. All invoices have 14 day payment terms. Failure to pay the sums due within this period entitles Focus, without prejudice to its other rights and remedies, to: 

  • contact the client by telephone on day 32.
  • charge interest on the outstanding amount (both before and after any judgement) at the rate of 6% above the base rate of Lloyds Bank plc from the due date until the outstanding amount is paid in full. 
  • suspend work on the Services until all sums outstanding have been paid. 
  • where payment is not made within fourteen (14) days of the due date, your account may be suspended or terminated at our discretion, and subject to a reconnection charge (currently £250 including VAT) to establish a normal level of service.

 7. Supply of Materials

Focus will use its best endeavours to ensure the careful handling of client's property. The Client's property and all property supplied to Focus by or on behalf of the Client shall while it is in the possession of Focus (or in transit to or from Focus) be deemed to be at the risk of the Client unless otherwise agreed in writing and the Client should insure accordingly. 

Estimates are prepared on the assumption that materials when supplied by the Client, including artwork and reproduction copy, will be suitable for their purpose. Additional work, including retouching and similar work which may be required when materials are found to be unsuitable may be charged for and Focus reserves the right to reject any material which appears, in its discretion, to be unsuitable. 

8. Ownership and Intellectual Property Rights

The Client acknowledges that any and all of the copyright and other intellectual property rights created, developed, subsisting or used in or in connection with the project and all rights in any core files or programming logic and code created or developed by Focus in connection with the project are and shall remain the sole property of Focus. We hereby grant the Client a non-exclusive right to use all such rights in accordance with the project and any associated specification. The Client shall not at any time after the completion, expiry or termination of this Agreement in any way question or dispute this ownership. 

The ownership of web pages shall remain with Focus until payment has been received in full for all sums owing under this Agreement. Once payment has been received, ownership of page text and graphics specific to you shall pass to the Client.

Should the Client wish to terminate the contract / relationship with Focus and take the whole site including the back-end CMS (content management system), this will be negotiated and a relative fee or license or arrangement proposed. 

Focus may provide ideas or consultative advice as part of a pitch or initial meeting with a Client; Focus may also provide static design 'concepts' during a pitch or at any other time during a project to illustrate potential interfaces, information architecture or site flow. Until otherwise agreed, the copyright to these ideas and /or designs remains with Focus and they may not be used for any commercial activity without the written approval of a Director of This is Focus Limited. Focus reserve the right to charge for any design concept, work completed, or consultative advice acted upon. 

9. Indemnity

You agree to indemnify Focus from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to your web pages (including user generated content), including but not limited to any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non supply, fraud, infringement of intellectual property or other rights or other claims whatsoever. 

Focus will notify you promptly of any claim for which Focus seeks indemnification at the currently supplied address. Focus will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Focus interests, as reasonably determined by Focus and / or its lawyers.

10. Warranties and Limitation of Liability

Focus warrants that its services will be provided using reasonable care and skill. Where Focus supplies any goods supplied by a third party, Focus does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to Focus. 

Except in respect of death or personal injury caused by Focus's negligence, Focus shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Focus 's negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by Focus. 

Focus shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by Focus as to the time of completion of performance of its Services (whether completion of the whole or a part of those Services) shall be estimates only and time shall not be of the essence. 

Focus shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Focus cannot guarantee that the system will never be infiltrated by unauthorised users or hackers. If you find evidence of infiltration, please notify Focus and we will take steps both to try and prevent it and to notify the proper authorities. In accordance with this you agree to keep secure any passwords and other confidential information relating to your account. 

Notwithstanding contrary clauses in this Agreement, in the event that Focus are deemed liable to you for breach of this Agreement, you agree that Focus liability is limited to the amount actually paid by you for your project, which amount calculated in reliance upon this clause. You hereby release Focus from any and all obligations, liabilities and claims in excess of this limitation. 

Our standard warranty of ninety (90) days following system publication during which any faults or issues reported in reference to the system, and within the scope of the original specification, will be investigated without charge. Outside of a warranty period these issues may be subject to charging at a standard hourly rate. 

11. Internet / Web Site Services

Focus shall use its best endeavours to achieve a high-quality Service. However, Focus cannot guarantee to provide a fault-free service due to the technically complex nature of the Service provided. 

Focus or its suppliers may temporarily suspend the Service in order to upgrade, repair or maintain servers, communication links, hardware or software. Focus or its suppliers may alter the technical specification of the Service for operational improvements or amendments. 

Focus will use its best endeavours to maximise access to and uniformity of any website it creates but cannot be held responsible if some legacy / older computers and browsers are unable to view the website or for the website's appearance on screen to differ from that seen on more modern computers / browsers. 

The Service may be suspended and not restored if the Client (or any third party): sends or receives materials or data that is offensive, abusive, indecent, obscene or menacing; or in breach of confidence, copyright, privacy or any other rights; or sends material which may cause annoyance or inconvenience; or interferes with or disrupts network users, services or equipment including unauthorised entry to any computers on the Internet. 

Focus shall accept no liability whatsoever for the transmission or receipt of any information or data of whatever nature or format. 

Focus can give no guarantee to the Client either in relation to the ranking provided by any search engine or to the duration in time a web address will retain its ranking nor can it guarantee or quantify any increase in traffic to a web address resulting from an optimisation campaign. Notwithstanding this Focus will use its best endeavours to maintain the ranking of the Client's web address and to respond promptly to any fluctuations in the Client's web address ranking with the major search engines. 

Focus can give no guarantee to the Client to the success of an ecommerce website. Focus will make informed recommendations in terms of marketing and strategy to the Client to improve sales activity on the ecommerce website, but these are not guarantees and Focus cannot be help responsible if these are a) not used, or b) used and no improvement in sales activity gained. 

Focus reserves the right to use in any way it wishes any programming tools, skills and techniques acquired or used in performing its duties under this Agreement.

Purchasing of domain names can be made by Focus on your behalf. Other variations of your domain name can be considered at the time of purchase but are neither compulsory nor guaranteed. Future purchases by other parties of domain names similar to yours, e.g. misspellings, other suffixes or versions are not the responsibility of Focus. Likewise use of other versions of your domain name by other parties for online advertising such as PPC (pay per click) campaigns, or setting up of competitive or otherwise websites are not the responsibility of Focus. 

12. Subcontractors

In performing the Services Focus is entitled at its own discretion to employ subcontractors. Focus reserves the right to change subcontractors at any time without notice.

Subcontractors will adhere to Focus Terms and Conditions. A basic agreement will be discussed at the start of a project to confirm in writing the subcontractor’s responsibilities, project scope, payment structure and deliverables. Feedback from a Client which requires amendments to be made to subcontractor-supplied work will be treated in accordance with our usual procedures. Providing Focus deem it of reasonable remit and within the project scope, reworking will be expected – as specified in the pre-arranged budget agreement for that particular project.

Work produced by subcontractors for Focus / the Client remains the property of the subcontractor until such point it is signed off and the subcontractor invoices for the work. Upon payment of invoice, Focus then retain the IPR of that work for that Client. Thereafter, see section 8. Subcontractors, will, unless otherwise agreed, invoice Focus for the work undertaken upon client sign off and / or fulfilment of the original scope of work. Focus will pay the subcontractor invoice upon receipt of related payment from the Client. Focus expect subcontractors to behave responsibly and professionally with the Client; and will not approach the Client outside of Focus-run projects. 

12.1 Partnerships / Joint pitches

Where Focus work in partnership with another supplier for a pitch or project, it will be made clear at the start which party owns which part of the project or pitch. It will be decided between Focus and the partner if either party may reuse any ideas from a pitch, or discuss pricing structures with an outside party at a later date with a different Client.

12.2 Focus as a subcontractor 

When working for a Client who is using Focus as a subcontractor, and where payment from the Project’s Client is issued directly to the Client, Focus will establish an invoicing schedule or agreement by which both the Client and Focus will agree. Providing Focus have provided their work within the agreed Project contract, Focus will be paid within their invoice terms (see section 6), or sooner, regardless of any payment arrangement the Client may have with the Project’s Client. 

13. Other Provisions

Unless otherwise instructed Focus reserves the right to make public in promotional or other material its role in carrying out the Services. 

Focus reserves the right to suspend the Clients use of the Service if it is having a detrimental effect upon the Service received by any of Focus's other clients or the clients of its suppliers once a full explanation of the detrimental effect is provided to the Client and the Client is allowed 30 days to rectify the situation. 

14. General Terms of Law

Focus shall be entitled, without liability on its part and without prejudice to its other rights, to terminate the contract or any unfulfilled part, or at its option to suspend or make partial deliveries or extend the time or times for delivery, if the performance by Focus of any of its obligations under the Agreement is hindered or delayed whether directly or indirectly by reason of the Client failing to furnish necessary instructions or information, or by war or other hostilities, civil commotion, act of God, government action or legislation, interruption of transport, strike, lockout or other forms of industrial action, accidents or stoppages to works, shortage of labour, materials, equipment, fuel or power, breakdown of machinery or any other cause whatsoever beyond the reasonable control of Focus. 

This Agreement is governed by the laws of England and Wales. 

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Focus as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of Focus. You agree that Focus will not be liable by reason of any representation, act or omission to act by you.

Focus's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Focus's right to comply with law enforcement requests or requirements relating to your use of Focus or information provided to or gathered by Focus with respect to such use. 

15. Severability

If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice). 

16. Entire Agreement

This Agreement constitutes the entire agreement between Focus and you with respect to your use of Services and / or goods provided by Focus, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Focus and you with respect thereto. 

Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement. The address for communication to Focus by conventional mail unless you are otherwise notified shall be:

This is Focus Ltd
66 Queens Road, Bristol, BS8 1QU, UK

The telephone number is 0117 949 8008 The email address is hello@thisisfocus.co.uk
Terms and Conditions v2.2 Updated 1st August 2013

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