The contract between Tomahawk Digital Ltd and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

Tomahawk reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms & Conditions, at any time. It is your responsibility to check these Terms & Conditions periodically for changes.

The works to be carried out shall be as set out in the Tomahawk confirmation order email.
Email will be the method of contact with regard to all communication. Although Tomahawk can be contacted by telephone, we will use email as our method of communication and therefore it is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. Tomahawk can not be held liable in any way relating to communication issues if we are not supplied a valid email address. Tomahawk will acknowledge all emails within 24 hours.

Payment

1. Tomahawk will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. The final balance is to be made on completion of the website. The website will be switched Live once the Clients remaining balance is paid in full, unless already pre-agreed.

2. The deposit paid to Tomahawk covers the cost of design work carried out as well as any admin work and communication with Tomahawk. The deposit is non refundable.

3. Tomahawk shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.

4. Where images used on the website have been purchased by Tomahawk on behalf of the Client, these images are strictly for use on the website only. Tomahawk are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.

5. Tomahawk will host the clients website unless otherwise stated by the client. In doing so, Tomahawk will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.

6. Tomahawk cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by Tomahawk.
7. Tomahawk aim to make your website as search engine friendly as possible, but Tomahawk do not guarantee any specific placement or high ranking on search engines.

8. It is the Client’s responsibility to check with Tomahawk whether Open Source Software is being used or not.

9. The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Tomahawk or the Client.

10. Tomahawk own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by Tomahawk for the Client, unless the images have been supplied by the Client. Images purchased by Tomahawk are licensed only for use on the client website and are limited to no more than 10 images dependent on the size of the project.

11. All images displayed on the Client’s website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Tomahawk, they will be the sole responsibility of the Client.

12. Domain names will be registered by Tomahawk and also registered to the Tomahawk current address. Although the domain names are registered by Tomahawk, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Tomahawk will do this within 72 hours.

13. A domain name will be registered by Tomahawk on behalf of the client once we have received the deposit.

14. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Tomahawk can not be held liable for this. However, Tomahawk will make reasonable effort to contact the Client regarding domain renewal.

Hosting

15. When a Client renews Hosting with Tomahawk, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Tomahawk can not be held liable for this.

16. Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was set live. The Hosting will not be renewed if Tomahawk cannot contact the Client or the Client requests for Tomahawk to not host this site.

17. The Hosting renewal charge must be received within 10 days of the Hosting expiry date. Tomahawk reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge.

18. If the Client does not use Tomahawk Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.

Responsibility

19. Tomahawk has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client’s web sites constitute Tomahawk endorsement, or approval of the website or the material contained within the website. Tomahawk has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. Tomahawk provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.

20. Tomahawk reserve the right to alter the prices of their products due to fluctuations of industry algorithms at any time. Tomahawk will make reasonable effort to inform clients of any price increase.
21. Tomahawk are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.

22. If a Domain name is purchased by the Client through a company other than Tomahawk, the Client has full responsibility in making sure that the domain name is renewed when due. Tomahawk will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Tomahawk.

23. Tomahawk makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.