Terms & Conditions

Frankman Design Ltd

151 Babbacombe Road, Torquay, Devon, TQ1 3SU (or other offices appearing on our letterhead from time to time)

Definitions & Application

‘Frankman Design Ltd’ means those persons carrying on business under the name of Frankman Design Ltd, referred to hereafter as ‘Frankman Design Ltd’.

‘Customer’ means the person, firm, company, or organisation to whom any quotation or correspondence is addressed, or with whom any contract is made.

‘Goods’ and/or ‘Services’ means the goods and/or services described in any quotation, correspondence, or contract. These include (but are not limited to) artwork, designs, illustrations, models, layouts, or other representations of any item. These do not include copyright, design rights, and other intellectual property rights as referred to in Condition 3.

All quotations, estimates, proposals, and/or contracts made by or with Frankman Design Ltd are subject to these Terms and Conditions, to the exclusion of all other terms and conditions, whether or not endorsed upon or referred to in any purchase order or other document delivered by the Customer to Frankman Design Ltd.

Any references on quotations or correspondence to any Customer order, specification, or similar document shall not imply that any terms or conditions endorsed upon or referred to in such order, specification, or document shall apply in addition to, or to the exclusion or amendment of, these Terms and Conditions.

1. Price Variation

All estimates and quotations are based on current costs and, unless otherwise agreed, are subject to amendment to meet any rise or fall in such costs.

Estimates and quotations may be altered without prior notice to the Customer before Frankman Design Ltd receives notification of acceptance. Following acceptance, Frankman Design Ltd may notify the Customer of price increases. If the Customer is notified of an increase exceeding 10% on any item, the Customer may (within 7 days of receiving such notification) cancel the contract for those items by written notice to Frankman Design Ltd. Upon cancellation, payment for all Goods and Services undertaken by Frankman Design Ltd prior to cancellation shall become due immediately. If no cancellation notice is received within 7 days, such increases are deemed accepted, and the contract remains in full effect.

2. Preliminary Work

All work carried out (whether experimental or otherwise) at the Customer’s request or with their consent shall be charged at Frankman Design Ltd’s prevailing rates. All materials supplied by Frankman Design Ltd (e.g., visuals, graphics, copy, text, discs) remain the property of Frankman Design Ltd and, unless otherwise agreed, must be returned to Frankman Design Ltd on demand.

3. Materials/Information

A charge will be made to cover additional work where materials or information supplied are not clear and legible, or where the Customer modifies or varies its requirements.

The Customer is responsible for ensuring they legally own all materials (e.g., designs, images, photographs, text) supplied to Frankman Design Ltd. Frankman Design Ltd accepts no liability for the use of any materials supplied by or on behalf of the Customer.

All copyright, design rights, and other intellectual property rights in text, visuals, graphics, drawings, designs, and other documents or materials produced by or for Frankman Design Ltd shall belong to Frankman Design Ltd. The Customer is granted only the right to use, reproduce, or resell the Products or Services supplied to the extent necessary to fulfil the project. If Frankman Design Ltd develops or communicates any concept, wording, layout, design, or original idea, the Customer shall not use or develop it with any third party except by accepting Frankman Design Ltd’s proposal, estimate, or quotation, or with Frankman Design Ltd’s prior written consent.

4. Proofs and Production Schedules

The Customer is responsible for checking and correcting each proof delivered by Frankman Design Ltd for errors, omissions, or inaccuracies. Frankman Design Ltd shall incur no liability whatsoever for uncorrected errors in proofs submitted, and the Customer shall pay for Goods produced conforming to those proofs despite any errors. Customer alterations and additional proofs shall be charged extra. Changes to style, type, or design decisions left to Frankman Design Ltd’s judgement shall also be charged extra if altered by the Customer.

If a production schedule is agreed, the Customer must notify Frankman Design Ltd in writing of any proof errors before the specified deadline. If no notice is received by the deadline, the Customer is deemed to have accepted the proof, and Frankman Design Ltd may proceed without further reference to the Customer.

5. Print: Variations in Quantity

Frankman Design Ltd will endeavour to deliver the correct quantity ordered. Estimates are conditional upon margins of 5% for mono work and 10% for other work being allowed for overs (charged extra) or shortages. These margins reduce to 4% and 8% respectively for quantities exceeding 50,000.

6. Standing Material

Materials used in production by Frankman Design Ltd remain its exclusive property. Materials supplied by the Customer remain the Customer’s property.

7. Customer’s Property

All Customer property and property supplied to Frankman Design Ltd by or on behalf of the Customer shall, while in Frankman Design Ltd’s possession or in transit, be at the Customer’s risk. The Customer should insure such property accordingly. Frankman Design Ltd may charge reasonably for storing Customer property left before receipt of the order or after notification of completion.

Frankman Design Ltd will retain all artwork, designs, illustrations, models, layouts, or representations created by Frankman Design Ltd for two years from the invoice date; thereafter, such materials will be disposed of unless the Customer requests them in writing at least 28 days prior to the deadline.

8. Materials Supplied by the Customer

The Customer acknowledges its responsibilities under Conditions 12 and 14 regarding goods or materials supplied. Frankman Design Ltd may reject unsuitable goods or materials, charging extra for additional costs incurred, except where such costs could have been avoided but for Frankman Design Ltd’s unreasonable delay in ascertaining unsuitability. Frankman Design Ltd endeavours to secure the best results but accepts no responsibility for imperfect work caused by defects or unsuitability of such goods or materials.

If a Customer delays Frankman Design Ltd’s work by failing to supply required goods or materials, Frankman Design Ltd may terminate or proceed with the contract at its discretion. Upon termination, the full contract amount becomes due immediately. In either case, delay-related costs shall be reimbursed by the Customer on demand.

9. Delivery

Delivery of work shall be accepted when tendered or, if earlier, upon notification of completion, at which point payment becomes due.

Unless specified, the quoted price includes delivery to the Customer’s address. Additional charges may apply for delivery elsewhere or for expedited delivery. Delivery dates are approximate only and, unless agreed otherwise, time for delivery is not of the essence. Frankman Design Ltd will endeavour to deliver within agreed or reasonable times but is not liable for delays not directly caused by it.

10. Claims

Advice of damage, delay, partial loss, or non-delivery must be given in writing to Frankman Design Ltd within 3 days of delivery (or 7 days from despatch for non-delivery), with claims made within 7 days of delivery (or 14 days from despatch). Other claims must be made within 14 days of invoice or delivery, whichever is earlier. Frankman Design Ltd is not liable unless these requirements are met, except where the Customer proves compliance was impossible and advice was given as soon as possible.

If the Customer uses the Goods or Services, they are deemed approved.

11. Limits on Liability

Frankman Design Ltd does not accept liability for the use, operation, fitness for purpose, or functionality of Goods or Services produced using Customer-provided designs, models, text, or specifications.

The Customer is responsible for ensuring compliance with laws, regulations, and standards, and that materials are not defamatory, obscene, or infringing. Frankman Design Ltd is not liable for breaches of applicable laws (e.g., Data Protection Act 1998) or third-party rights by the Customer.

Frankman Design Ltd’s maximum liability shall not exceed the amount paid by the Customer for the Goods and/or Services in question. Frankman Design Ltd shall not be liable for any indirect or consequential losses (e.g., loss of profit, reputation).

12. Payment

Payment is due 14 days post-delivery unless otherwise agreed in writing. Frankman Design Ltd may charge interest on overdue accounts at 8% per annum above the Bank of England base rate, plus compensation under the Late Payment of Commercial Debts (Interest) Act. Frankman Design Ltd may demand immediate payment of any account at any time and reserves the right to invoice work-to-date monthly.

Ownership of Goods remains with Frankman Design Ltd until full payment is received. In case of non-payment, Frankman Design Ltd may repossess Goods, entering Customer premises if necessary, without prejudice to other remedies.

13. Breach of Terms and Conditions and/or Insolvency

If the Customer breaches these Terms and Conditions materially or becomes insolvent, Frankman Design Ltd may:

1. Cease work and charge for work already carried out and materials purchased, such charge becoming an immediate debt;
   
   
2. Retain a lien on Customer goods in its possession, disposing of them after 14 days’ notice to settle debts;
   
   
3. Pursue payment for unpaid Goods despite retaining ownership, with risk passing to the Customer.

14. Illegal or Non-Compliant Materials

Frankman Design Ltd is not required to produce Goods or materials it deems illegal, defamatory, obscene, or infringing on third-party rights. The Customer shall indemnify Frankman Design Ltd against claims, costs, and expenses arising from such content, including settlement amounts.

15. Acceptance and Authority

Issuing a purchase order, accepting a quotation, or appointing Frankman Design Ltd in writing constitutes acceptance of these Terms and Conditions. Frankman Design Ltd may assume Customer representatives have authority to bind the Customer unless notified otherwise in writing.

16. Force Majeure

Frankman Design Ltd is not liable for delays beyond its control (e.g., acts of God, strikes, power failures). If delivery is delayed over 30 days, the Customer may terminate the contract by written notice and pay for work done and materials used.

17. Law

These Terms and Conditions, and all contracts, shall be governed by the laws of England.

Terms of Service (TOS)

Frankman Design Ltd

151 Babbacombe Road, Torquay, Devon, TQ1 3SU (or other offices appearing on our letterhead from time to time)

The company shall be known throughout this document as Frankman Design Ltd. ‘Frankman Design Ltd’ means those persons carrying on business under this name. Use of Frankman Design Ltd’s services constitutes acceptance of these Terms of Service (TOS). All service provisions are subject to these TOS, which may be changed at Frankman Design Ltd’s discretion. The Client understands that changes to the TOS shall not be grounds for non-payment. Frankman Design Ltd provides web hosting services for a monthly, quarterly, or annual fee. Clients may use these services for personal and/or business websites or content.

Content

All services provided by Frankman Design Ltd must be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material violating United Kingdom (or other country) law is prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene content, “adult only” content, or material protected by trade secrets or other statutes. The Client agrees to indemnify and hold harmless Frankman Design Ltd from claims resulting from use of the service that damages the Client or any other party.

Adult Content

Frankman Design Ltd does not permit adult “xxx” websites, pornography, or sex-related content on its servers, nor adult subscription or membership-based “pay sites”. This includes sexual content or links to such content hosted elsewhere, as well as sites promoting illegal activity or content damaging to our servers or others online. Links to such materials are prohibited. Frankman Design Ltd is the sole arbiter of what constitutes a violation of this provision. Educational adult websites and e-commerce stores are allowed, but we recommend checking with Frankman Design Ltd first. Frankman Design Ltd remains the sole arbiter of violations.

Examples of Unacceptable Content:

• Adult/Pornographic
• Hacking programs/archives/information
• Warez sites
• Spam/spamming software
  
  

Distribution or Transmission of Obscene or Indecent Speech or Materials

Violation of indecency and obscenity laws may result in criminal penalties.

Intellectual Property Rights

Material accessible through Frankman Design Ltd’s services may be protected under United Kingdom (or other country) copyright, trademark, trade secret, or proprietary laws. Unless expressly permitted by the rights owner, Clients must not use the service in a manner that infringes, violates, dilutes, or misappropriates such rights. Domain names used with our service must not violate third-party trademarks or similar rights. The Client is solely responsible for intellectual property rights pertaining to their chosen name, brand, or logo; Frankman Design Ltd accepts no responsibility or liability.

Spam and Unsolicited Email

Frankman Design Ltd has a zero-tolerance approach to unsolicited email (spam). Clients may not use or permit others to use our service to send spam, nor host sites or information advertised by spam from other services. Violations may lead to account restriction, suspension, or termination, at our discretion, with a £100 penalty per violation. We reserve the right to refuse or cancel service to known spammers and determine what violates this policy. Violations may result in cancellation without refund.

“Catch All” Email Accounts

Frankman Design Ltd does not allow “catch all” email accounts (e.g., anything@yourdomain.com directing to one mailbox). This outdated practice causes spam surges for Clients and our servers. Email addresses must be created via the control panel; catch-all mailboxes are banned and, if found, will be removed without notice or the account disabled.

Mailfoundry Spam Filtering Limits

Some domains with excessive mailboxes or spam volumes may not receive MailFoundry service due to extreme usage. While MailFoundry handles large spam volumes, it has limits. If a domain exceeds realistic thresholds, as determined by Frankman Design Ltd, we will inform you that MailFoundry services will not continue for that domain.

Scripting, Applications and Background-Running Programs

Background-running programs (e.g., IRC software like bouncers and bots) are not allowed. We provide hosting, not shell services; compiling and running software on our servers is prohibited. Scripts (e.g., PHP, CGI, Perl) are permitted unless they affect server operations or are listed below. Scripts known to disrupt servers (e.g., large CGI forums, auctions, galleries, banner exchanges) may lead to account disablement pending resolution. Prohibited scripts include:

• Chat servers/scripts
• Formmail scripts named “formmail” (other secure, updated versions are allowed if not abused by spammers)
• One remote MySQL user with a fixed IP may be requested.

Network Security

Clients must not attempt to circumvent security of any host, network, or account (e.g., accessing unauthorised data, password cracking, probing other networks). Nor may they interfere with or deny service to any user, host, or network (e.g., flooding, mail bombing). Frankman Design Ltd will cooperate with investigations of security violations, including with law enforcement. Violators may face criminal or civil liability.

Support Boundaries

Support is limited to web hosting services and related features. We do not support application-specific issues (e.g., PHP, CGI, HTML, website design/development). Additional work outside normal support is charged at £100 per hour, in 15-minute increments, with charges agreed per incident. Examples include scripting problems, script installation, and website maintenance for technological changes.

Payment

Service begins upon receipt of payment. Subsequent payments are due on the signup anniversary (monthly or yearly). Overdue accounts may be interrupted, with a £95 reinstatement fee. Without payment or notice, accounts may be suspended or terminated at our discretion. Clients must keep their email address current via info@frankman.co.uk; failure may lead to missed communications and suspension. A service charge applies for returned payments, equal to our incurred cost.

Refunds and Disputes

All payments, including setup and domain registration fees, are non-refundable, regardless of usage. We offer no “money back guarantee” or trial period.

Product Pricing

Frankman Design Ltd may change product/service pricing at any time.

Domain Name Expiry and Redemption Fees (Excluding Flite Pay Monthly Websites)

Frankman Design Ltd is not liable for domain expiry or loss. We will remind you to renew by email before expiry. On expiry, the domain deactivates and stops displaying your site. You have 7 days to renew at regular rates; failure releases the domain to the public. Flite pay monthly website customers should review their specific terms.

Cancellations (Excluding Flite Pay Monthly Websites)

Cancellation requires 7 working days’ notice before the next payment. We will stop recurring payments, and you will not be billed again. Changing DNS or transferring a domain does not constitute cancellation; a request must be submitted, and we will confirm the date. Flite customers should review their terms.

Domain Transfers (Excluding Flite Pay Monthly Websites)

Domains registered by Frankman Design Ltd are yours to keep. Transfers to another registrar are allowed after 90 days; new domains have a 90-day lock. Flite customers should review their terms.

Hosting Transfers (Excluding Flite Pay Monthly Websites)

Clients may request hosting transfers to a third party for websites we created. Requests must be in writing; files are provided in our chosen format 30 days later, with a minimum £150 fee (final price confirmed and payable before release). Early hosting termination yields no refunds. Additional work for third-party hosting is charged at our hourly rate. Websites not created by us but hosted by us cannot be transferred externally. Flite customers should review their terms.

Abuse

Attempts to undermine, slander, threaten, or harm Frankman Design Ltd’s servers, customers, employees, or company are prohibited and grounds for immediate termination without refund. We will pursue such actions legally.

Refusal of Service

Frankman Design Ltd may refuse or cancel service at its discretion. TOS violations may lead to warnings, suspension, or termination without refund. Terminated domains will not be released.

Information Disclosure Policy

We will not disclose Client personal or account information unless necessary to identify, contact, or act against those harming Frankman Design Ltd, its customers, or others, or if legally required. Email and electronic data are not disclosed to third parties unless:

• Required for service provision
• Needed to protect our interests
•  Mandated by valid legal processes
• Necessary for law enforcement regarding crimes
  
  

Privacy Policy

We do not disclose personal or account data without consent unless required by law. We collect Client data for billing, service, and business purposes, stored electronically or on paper. Clients may request their data free of charge or its deletion with proof of identity. We use cookies to store information, accessible on future visits. To delete or stop cookies, consult your system administrator or browser “Help” menu; this may limit site features.

Indemnification

The Customer indemnifies Frankman Design Ltd against claims, losses, or liabilities arising from services or products. Frankman Design Ltd is not liable for business damages, data loss, or interruptions, with liability limited to the amount paid for services. No uptime guarantees are made.

Disclaimer

Frankman Design Ltd is not responsible for damages your business may suffer. We make no warranties, express or implied, for services provided, disclaiming merchantability or fitness for a particular purpose. This includes loss of data from delays, non-deliveries, wrong deliveries, or service interruptions caused by Frankman Design Ltd or its employees. No server uptime guarantees are made. The Client agrees Frankman Design Ltd is not liable for damages from loss of hosting services or data, nor for its own negligence, with liability capped at the charges payable for services during the period damages occurred. Frankman Design Ltd is not liable for special or consequential damages, loss of revenue, or injury.

We accept no responsibility for data loss or its consequences and advise Clients to back up site data regularly. Frankman Design Ltd does not guarantee its backups or ability to restore service post-disaster recovery. Communications (email, verbal, or written) are private between Frankman Design Ltd and the Client, not to be shared with third parties. We communicate only with the registered Client, not third parties. By accepting services, Clients indemnify Frankman Design Ltd against losses or claims from violations of law or policy, including damages, costs, and reasonable legal fees if sued due to Client actions.

Enforcement

Failure to comply with any of these Terms of Service may result in immediate deactivation or removal of the Customer’s account at Frankman Design Ltd’s discretion.