Terms and Conditions

SurgeryWeb endeavours to provide its clients with the highest level of service at all times.

SurgeryWeb undertakes to respond to all communication from clients within 3 working days.

Ordering/Purchases

There is a minimum two-year term when ordering a SurgeryWeb website. If the service is cancelled part way through the duration, there are no early cancellation fees but there are also no part-refunds of payments made up until the end of that 12-month period. If the service is cancelled during the first year of the 2-year term, the second year is still payable as per your signed agreement.

By purchasing a SurgeryWeb website, the client is entitled to full access to the SurgeryWeb product which comprises of:

• A web-based service hosted on a UK-based server.
• Email support during office hours 9am – 5pm Monday to Friday excluding Bank Holidays.
• Access to all updates, improvements and additions to the product made by SurgeryWeb during the year.
• Weekly backup of the website content.
• If required, the management and retention of a domain name commencing on the date of order for the product. The domain name will be renewed annually 30 days before expiry. Domains may be transferred at the client’s request to an alternative provider at no cost by SurgeryWeb within 30days of the request.

Submission of the “Initial Setup Form” is confirmation of your intention to commence an order with SurgeryWeb and the SurgeryWeb Agreement must be electronically signed and submitted for development to commence.

The Practice shall be responsible for giving SurgeryWeb all necessary information in relation to the transfer and/or redirection of domain names within a sufficient time to enable SurgeryWeb to supply the product at the agreed time.

The newly developed Practice Website can remain it it’s “preview period” and accessable via a temporary URL for as long as the Practice requires, but the Practice will be invoiced for the first year after 2 weeks.

The exact specifications for the Product shall be those set out in SurgeryWeb’s Agreement.

Price

SurgeryWeb are VAT registered and all prices quoted are exclusive of VAT unless otherwise specified. VAT registration number GB481863363

Annual charges may increase in line with inflation, any increase will be preceded by an email notification at least one month prior to the rise.

Payment

The Practice will be invoiced either a) when the website goes live or b) once the website has been on a temporary URL in it’s preview period for 28 days, whichever event is to occur first.

Payment is due within 30 days of receipt of the invoice. SurgeryWeb reserves the right to remove the product from the internet where payment is not received.

Copyright

Copyright of all material originated by SurgeryWeb, either in the form of pre-contract documentation or as text, images, research papers of electronically stored code for the manipulation, transmission or presentation of information, remains vested in SurgeryWeb.

The client agrees to indemnify SurgeryWeb against all liabilities, costs, damages and expenses which SurgeryWeb may incur as a result of content added to the website by the client and which involve infringement of any copyright, patent or other intellectual or property right.

Liability

SurgeryWeb shall not be liable to the client by reason of any representation (unless fraudulent) or any implied warranty, condition or other item or any duty at common law, or under the express terms of this or any other contract, for any indirect, special or consequential loss or damage whatsoever (including but not limited to loss of profit, business, contracts or goodwill), costs, expenses or other claims for direct or indirect or consequential compensation whatsoever (and whether caused by the negligence of SurgeryWeb, its employees or agents or otherwise).

SurgeryWeb will not be liable for any loss, damage, cost,expense or injury of any kind, whether direct, consequential or otherwise, arising in connection with the execution of a contract or the use or failure of the goods supplied or any defect in them, or from any other cause whether or not due to the acts or omissions of SurgeryWeb, its staff, contractors, or its agents, in excess of the contract invoice value.

SurgeryWeb disclaims, to the extent permissible by law, all liability for defects in software products or for misconfiguration or misuse thereof. The product and all further services shall be delivered and performed in a timely, professional and workmanlike manner.

SurgeryWeb shall not be liable to the client for any loss or damage which may be suffered by the client as a result of the delivery of the product being delayed, prevented, hindered or made uneconomic by reason or circumstances or events beyond SurgeryWeb’s control including, but not limited to:

• Act of God, or riot, strike, lock-out, trade dispute, labour disturbance, restriction or ban on overtime, accident, fire, flood or storm difficulty or increased expense
• Failure by the client to give adequate instructions or supply the necessary information in due time
• Failure by any third-party to carry out their part of the work or otherwise perform their obligations when required.

Termination

SurgeryWeb may terminate this agreement immediately if the client fails to pay any sum due under it on the due date (time being of the essence regarding payment) or immediately if the client commits a material breach of any term of this agreement and which (in the case of a breach capable of being remedied) has not been remedied within 7 days of a written request remedy the same from SurgeryWeb.

If a Practice wishes to terminate their service, they may do so by giving 30 days notice via email to contact@surgeryweb.org.uk. If the Practice is still within the first year of service, as per the 2 year minimum term the second year must be paid before the service can be terminated, the domain name will not be transferred on until any outstanding invoices are settled.  Annual payments are deemed to be annual committments and as such, SurgeryWeb will not refund any part of the 12 month period that has already been paid.

Personal Information

Any personal information retained on this system is stored in a secure data centre located in the UK and is treated as confidential.

SurgeryWeb reserves the right to change the terms, conditions, and notices under which this Website and its services are offered.