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License Agreement and Terms & Conditions

• Plum CMS Licensing Agreement
• Plum CMS Money-back Guarantee
• Plum CMS Website Design Terms and Conditions

1. The client is engaging VAFTA Solutions Limited as an independent contractor for the specific project (“commission”) of developing and/or improving a World Wide Web site or Intranet site to be installed on the client’s Web/Intranet space located on a host’s computer.  The client hereby agrees to authorize VAFTA Solutions Limited to access the client’s host account, Web page directory, cgi-bin directory, and any other directories or programs that need to be accessed for this project and agrees to provide VAFTA Solutions Limited with any necessary permissions and passwords for this purpose.
2. VAFTA Solutions Limited reserves the right to refuse to construct a web site which it may judge as unfit due to content or otherwise.  This includes, but is not limited to, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to United Kingdom, European Union or United States laws.
3. VAFTA Solutions Limited cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.

4. VAFTA Solutions Limited represents and warrants to the client that it has the ability to perform the services required by this contract; and that it will perform said services in a professional manner.
5. The client represents and warrants to VAFTA Solutions Limited that it will provide the client materials as required in a professional, competent, and timely manner; that it has the power to enter into this Agreement on behalf of the client; and that its performance of this contract shall not infringe upon or violate the rights of any third party or violate any national, provincial or municipal laws.
6. VAFTA Solutions Limited does not warrant, but will make every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
7. VAFTA Solutions Limited does not warrant specific search engine rankings, but will make every effort to design pages and streamline content to help attain the highest possible ranking.  Search engine ranks can depend on other factors which may be beyond the control of VAFTA Solutions Limited.

8. If needed, VAFTA Solutions Limited will complete the necessary forms to register the client with an Internet Service Provider (the host) and to connect the client’s web site to the World Wide Web.  VAFTA Solutions Limited will also setup up to 30 email accounts with the client’s domain name, provided that the hosting package selected includes email. The client will be connected to and utilize the hardware and software facilities of the host and not of VAFTA Solutions Limited.  VAFTA Solutions Limited will strive to help select only reliable companies to provide hosting services.  The conditions of the hosting service received by the client will be governed by the guarantees offered by the host.  At no time does VAFTA Solutions Limited offer or imply that it guarantees the rates or services provided by the host.  VAFTA Solutions Limited is not responsible or liable for any loss, damage, claim or expense to the client or any third parties resulting from hosting service interruptions or termination of contract by the host. 
9. If needed, VAFTA Solutions Limited will complete the necessary forms to register or transfer a domain name as selected by the client.  Although VAFTA Solutions Limited will submit forms to register or transfer a requested domain name in a timely fashion, VAFTA Solutions Limited does not guarantee the availability of any domain name.
10. Plum CMS comes with inclusive website hosting space of up to 1,000MB and 20 GB of monthly traffic.  Enhanced hosting services with additional web storage, email accounts and bandwidth are available and will be quoted separately.

11. VAFTA Solutions Limited reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion.  VAFTA Solutions Limited will be responsible for the web design services whether VAFTA Solutions Limited employees or subcontractors perform them.

12. In the event that work is postponed or cancelled at the request of the client by a registered letter during a development phase, VAFTA Solutions Limited shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this contract.  If additional payment is due, this shall be payable within ten days of the client’s notification to stop work.  In the event of cancellation, the client shall also pay any expenses incurred by VAFTA Solutions Limited and VAFTA Solutions Limited shall own all rights to the work, but the client will be given registered, written permission to take the completed work to another web developer, subject to usage of the content developed by VAFTA Solutions Limited to the relevant project only.  The client shall assume responsibility for all collection of legal fees necessitated by default in payment.
13. In the event that work is postponed or cancelled at the request of the client by a registered letter at the end of a development phase, VAFTA Solutions Limited shall have the right to bill for the work completed through that phase, while reserving all rights under this contract.  If payment is due, this shall be payable within ten days of the client’s notification to stop work.  In the event of cancellation, the client shall also pay any expenses incurred by VAFTA Solutions Limited and VAFTA Solutions Limited shall own the rights to all the work, but the client will be given registered, written permission to take the completed work to another web developer, subject to usage of the content developed by VAFTA Solutions Limited to the relevant project only.

14. VAFTA Solutions Limited invoices on a phase by phase basis of work as defined in contract/quotation.  At the beginning of each phase, VAFTA Solutions Limited will invoice the client for fifty percent of the price associated with each phase, which will be payable within forty eight hours of such an invoice.
15. At the end of each phase, subject to the satisfaction of the client, VAFTA Solutions Limited will invoice the client for the remaining half of the price associated with the phase, which will be payable within 48 hours of such an invoice.  Work on the next phase will begin after payment on the completed phase has been received by VAFTA Solutions Limited.
16. The client agrees to reimburse VAFTA Solutions Limited for the expenses mentioned in (8), (9) and (10) above and for any approved additional expenses necessary for the completion of the work.  Such expenses will be billed through to the client on an invoice. 
17. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
18. VAFTA Solutions Limited reserves the right to alter prices at any time without notice.  If a client has commissioned any services from VAFTA Solutions Limited prior to a change in prices that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
19. Fees are non refundable. Should any client attempt a chargeback for services knowingly purchased from VAFTA Solutions Limited, VAFTA Solutions Limited shall immediately shut off services for that client and will pursue full legal recourse against the client to recoup any and all losses.  

20. VAFTA Solutions Limited does not undertake to maintain or update a client's website as part of the design & development commission.  If a client wishes for VAFTA Solutions Limited to maintain or update a web site as a separate commission, VAFTA Solutions Limited will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.
21. The client is responsible for maintaining and backing up the content on the website.  In the event that the client or VAFTA Solutions choose to terminate this agreement, VAFTA Solutions is under no liability to backup the content on the website and deliver it to the client.

22. The client hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hate topics, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
    The Client hereby agrees to indemnify and hold harmless VAFTA Solutions Limited from any claim resulting from client’s publication of material or use of materials provided by the client. The client hereby agrees to indemnify and hold harmless VAFTA Solutions Limited in any claim resulting from the submission of illegal materials.
23. If VAFTA Solutions Limited shall acquire an Internet Domain Name on behalf of the Client, then in such case the client hereby waives any and all claims which it may have against VAFTA Solutions Limited, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists for any reason.
24. Under no circumstances, including negligence, shall VAFTA Solutions Limited, its offices, agents, or anyone else involved in creating, producing, or distributing its services, be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use VAFTA Solutions Limited's services; or that results from mistakes, omissions, interruptions, deletion, or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to VAFTA Solutions Limited’s records, programs, or services.
25. The client maintains sole responsibility for data back-ups and restoration. The client hereby acknowledges that this paragraph, and items (21), (22) and (23) above shall apply to all content on VAFTA Solutions Limited services.
    Notwithstanding the above, the client’s exclusive remedies for all damages, losses, and causes of actions whether in contract, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount that the client paid during the term of the contract between the client and VAFTA Solutions Limited.

26. The client agrees that it shall defend, indemnify, save and hold VAFTA Solutions Limited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, ("Liabilities") asserted against VAFTA Solutions Limited, agents, its clients, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its agents, employee, or assigns.  The client agrees to defend, indemnify and hold harmless VAFTA Solutions Limited against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with VAFTA Solutions Limited's service, any material supplied by the client infringing on the proprietary rights of a third party, copyright infringement, and any defective product which client has sold from the Web site VAFTA Solutions Limited has designed.

27. The CLIENT agrees that the client is solely responsible for complying with such laws, taxes, tariffs, and keeping secure sensitive or consumer specific information collected in the process, and will hold harmless, protect, and defend VAFTA Solutions Limited and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s use of Internet electronic commerce.

28. Copyright to the finished, assembled work of Web pages produced by VAFTA Solutions Limited is owned by VAFTA Solutions Limited.  Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. VAFTA Solutions Limited and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
29. Upon Termination or Breach of this contract, VAFTA Solutions Limited is only obligated to provide the client with a PSD or similar design file of the website VAFTA Solutions has designed and hosted for the client. Backing up the content and data on the website within 24 hours of the termination of the contract is the explicit responsibility of the client.

30. VAFTA Solutions Limited includes a by-line and link on the bottom of the Web page establishing authorship credit.  

31. This contract constitutes the sole agreement between VAFTA Solutions Limited and the client regarding its Web Design Service.  This contract becomes effective after VAFTA Solutions Limited acknowledges the receipt of the signed quote/contract (verbal or written) submitted by the client.  This contract shall be governed and construed in accordance with the laws of the United Kingdom.  The parties agree that if any part, term, or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.
32. By agreeing to these terms and conditions your statutory rights are not affected.