TERMS &
CONDITIONS

1. DEFINITIONS

In this Agreement, the terms have the following meaning:

1.1 “The Client” means any person, company, partnership, organisation or body at whose application; The Company agrees to provide the services or products under the terms of their Agreement.

1.2 “The Agreement” means the contract between The Company and The Client to which these terms & conditions apply.

1.3 “The Quote” is any document, which incorporates an “estimate” “estimation”, “quotation”, or “quote”, and is signed by a director of The Company to enter into an agreement for web or web-related digital services with The Client.

1.4 “The Company” means wecann Ltd.

2. SCOPE

2.1 These terms and conditions apply to all goods and services ordered by The Client from The Company.

2.2 Changes to the content specified in The Quote shall only be undertaken at the discretion of The Company and shall be subject to a fresh Quotation.

3. LIABILITY

3.1 Any claim by The Client, which is based upon any defect in the quality or condition of the services supplied or their failure to comply with the Quotation, must be brought to the Company’s attention within one calendar month of the project’s launch.

3.2 Where any valid claim in respect of the services supplied is notified to The Company under clause 3.1, The Company shall be entitled to repair the website (or the part in question) free of charge, or at The Company’s sole discretion refund to The Client, the price paid (or a proportionate part) but The Company shall have no further liability to The Client.

3.3 Except in respect of death or personal injury caused by The Company’s negligence, The Company shall not be liable to The Client because of any representation (unless fraudulent), or any implied warranty, condition or other term or any duty of common law, or under the express terms of the contract for any indirect, special, or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever, in connection with this agreement.

3.4 The Company shall have no liability under this agreement for any Virus, which it may transmit to The Client. Virus prevention is the sole responsibility of The Client.

3.5 The Company cannot be held accountable for any website infections due to specific features/plugins on the website becoming exploitable or poor security in the form of bad passwords used for website logins or emails. The Company will not cover the costs associated with restoring websites after website hacks or resolving issues with exploitable files/email accounts.

3.6 The Company cannot be held responsible for any issues that may arise due to a website being hosted by a third party. The company cannot be held responsible for any issues that may be caused by moving the website from our test location to a live third-party location.

4. CONFIDENTIALITY

4.1 The Company and The Client will treat as confidential all information passed between them at all times, and any disclosure will only be made by mutual consent.

5. RIGHT TO REFERENCE

5.1 The Company reserves the right to use the website or any related product or service undertaken for The Client, in future promotions by The Company, but only on the basis that this should be to the advantage of The Client concerning additional publicity.

6. THIRD PARTIES

6.1 The Company may act in the capacity of an authorised reseller for various complementary third-party products and services, such as web space for website hosting, domain forwarding, the provision of dial-up services, email accounts and domain registration. The Company cannot be held responsible for such goods and services provided by any third party.

7. COPYRIGHT

7.1 Any web page text content, graphic, sound, design concept or entire website supplied wholly or in part by The Client will remain the sole property of The Client at all times. The Client will also own full copyright for any new content, graphic, sound, design concept or an entire website designed exclusively by The Company once all monies due to The Company from The Client are paid.

7.2 The signing of the Quote (placing an order) by The Client or another person/Agency on behalf of The Client constitutes a guarantee that The Client has obtained all necessary permissions in respect of the artwork, designs, sounds, videos and photographs, and that the content of the web site does not infringe any laws of the United Kingdom. For use in the website or any other related product from The Company. The Client must indemnify The Company regarding all actions, proceedings; costs; demands and claims from any such breach.

8. AGREEMENT TERMINATION

8.1 Any agreement to supply products or services anytime in the future, between The Client and The Company may be terminated with 30 days' notice in writing by The Company. Any amounts received by The Company, with respect to products and services from a third party shall not be repayable to The Client. The Company shall be entitled to deduct from any monies paid in advance an amount equivalent to its reasonable expenses incurred at the termination date.

9. VAT (VALUE ADDED TAX)

9.1 Prices may be quoted exclusive of VAT and other applicable sales taxes, which will be added to The Client’s invoice for payment at the prevailing rate.

10. LAW

10.1 These conditions of trade and all other express terms of the contract shall be governed and construed per the laws of England.

11. BACKUPS

11.1 Upon request by The Client, The Company shall supply the Client with a copy of their website or software as long as no invoices are outstanding that relate to the project.

12. WEBSITE HOSTING

12.1 If The Company undertakes to host The Client’s website:

i) The Client will pay hosting charges monthly or annually by cheque or standing order at the agreed rate. See point 3.5 above in regard to Web Hosting Payments.

ii) Users must not participate in any form of unsolicited bulk e-mailing or spamming from their hosted domain and by doing so are breaking these terms and conditions and run the risk of website suspension.

iii) The Company shall not be held liable for any loss or damages caused to The Client or The Client’s business by the use or misuse, unavailability or removal of services or downtime of the server.

iv) Data stored on The Company’s servers is backed up on a daily, weekly & monthly basis but we also recommended that you keep an independent backup of all data.

v) Disc space and bandwidth are custom to each hosting account.

vi) The Company offers 99% guaranteed uptime on all hosting.

vii) The Company uses software to keep plugins and modules for WordPress websites automatically up to date. Any website display or functionality problems caused as a result of these automated plugin updates will be rectified free of charge – as long as the plugins were added by The Company during the website build. The Company cannot be held responsible for issues relating to add-ons or modules that have been brought into the website by The Client or any 3rd party instructed by The Client.

viii) Removal of the Remote Update plugin from WordPress websites can result in instant website suspension and or financial penalties due to the risk imposed on other websites on the server and the server itself.

13. SEARCH ENGINE OPTIMISATION

13.1 Where The Company undertakes the Search Engine Optimisation of a website, this is done on the condition that, where possible, adequate access is provided to the website in question by File Transfer Protocol. It will be the responsibility of The Client to ensure that alterations are uploaded correctly by The Client or a third party.

13.2 Where Search Engine Optimisation is to be carried out and no further service has been ordered, the work is carried out on the understanding that no site redesign will be undertaken within three months of the first Search Engine submissions made, as this could undermine any work carried out. Where a website is redesigned, optimisation and promotion of the new site will not be considered part of the original order but will entail a new agreement.

13.3 The Company has no control or influence over any third-party search engine or directory’s operational parameters. It cannot provide any guarantee of service or continuity of service regarding them. Search Engine / Directory rules and controlling algorithms may change at any time without notice. While the Company attempts to remain ahead of these changes, we cannot be held responsible for any losses incurred due to these changes.

14. FTP, 3RD PARTY AND ROOT ACCESS

14.1 By requesting and receiving the FTP/ROOT access to The Clients website/server, The Client accepts full liability and responsibility for the running and managing of the website/hosting account and all associated files, and The Company will no longer support the website/server as part of any previous arrangements/projects. Any problems that may arise could be a result of work done on the website/server by a 3rd party and therefore, it’s unfair to expect The Company to resolve these issues for free.

14.2 Additionally, if The Client gives CMS Admin access to their website to a 3rd party, The Client accepts total liability for any problems with content or functionality that can be influenced by editing, removing or adding plugins or settings.

14.3 Any problems/issues that may arise after the details are sent to The Client or an elected 3rd party can be fixed but will be charged out at our full development hourly rate.

14.4 There is a minimum charge of £75 + VAT to reset FTP/ROOT access and, there may be additional charges if things have been damaged or altered by The Client or the elected 3rd party.

15. APIs

15.1 The Company cannot be held responsible or accountable for any losses or damage to The Client's business or website in the event of a 3rd party API problem.

15.2 Any fixes or amendments required to The Client's website or software due to 3rd party API changes will be charged at our full development rate.