Legal

Terms of use of website

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern GDS Web Design’s relationship with you in relation to this website.

The term “GDS Web Design” or “us” or “we” refers to the owner of the website whose office is GDS Web Design, 11 Little Lances Hill, Bitterne, Southampton, Hampshire, SO19 4DU, United Kingdom.

The term “you” refers to the user or viewer of our website.

Law & Jurisdiction Governing This Website

Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Your Account Information

Please ensure that any information you provide is current and complete and correct, and that you update the information in My Account as soon as the information changes.

When using this website, you the customer are responsible for ensuring that all account details and passwords are kept confidential, and that you accept responsibility for all activity occurring within your account. If you believe that any of this information has been made known to someone else, or is being misused, please contact us immediately by emailing gary@gdswebdesign.co.uk

Payment

Payment is taken through a secure third party PayPal. Please see the terms and conditions stipulated on the PayPal website before making a payment. Through this PayPal system we take secure credit card payments as well as through customers PayPal payment accounts.

Card Security

Our site uses one of the most secure methods of payment processing available- Paypal. Your card details are entered directly onto their secure server, Your card details are never held in clear text on any website and are only decrypted on the Paypal secure server for the purpose of making the payment.

Links

We are not responsible for the content or reliability of linked websites. Listings should not be taken as an endorsement of any kind. We cannot guarantee that these links will work all the time, and we have no control over their availability. These are the sole responsibility of the third party company.

Copyright notice

All material, text and images contained in this website are the property of GDS Web Design or used under licence from the relevant body and must not be used for any purpose without consent from the relevant party.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download to a local hard disk extracts for your personal and non-commercial use only
  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Questions regarding our terms and conditions should be emailed to gary@gdswebdesign.co.uk

Terms and Conditions

The following terms and conditions apply to all website development / design services provided by GDS Web Design to the Client.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges

Charges for services to be provided by GDS Web Design are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. GDS Web Design reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty three (33) percent is required after the development stage, with the remaining thirty three (33) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by cheque or bank transfer. Cheques should be made payable to GDS Web Design and sent to GDS Web Design, 11 Little Lances Hill, Bitterne, Southampton, Hampshire SO19 4DU. Bank details will be made available on invoices.

Client Review

GDS Web Design will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies GDS Web Design otherwise within ten (10) days of the date the materials are made available to the Client.

Turnaround Time and Content Control

GDS Web Design will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon GDS Web Design receiving initial payment, unless a delay is specifically requested by the Client and agreed by GDS Web Design.

In return, the Client agrees to delegate a single individual as a primary contact to aid GDS Web Design with progressing the commission in a satisfactory and expedient manner.

During the project, GDS Web Design will require the Client to provide website content; text, images, movies and sound files

Failure to provide required website content:

GDS Web Design is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system you are able to keep your content up to date your self.

Payment

Invoices will be provided by GDS Web Design upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

Additional Expenses

Client agrees to reimburse GDS Web Design for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

Web Browsers

GDS Web Design makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that GDS Web Design cannot guarantee correct functionality with all browser software across different operating systems.

GDS Web Design cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, GDS Web Design reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on GDS Web Design’s Web space, GDS Web Design will, at its discretion, remove all such material from its web space. GDS Web Design is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay GDS Web Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by GDS Web Design in enforcing these Terms and Conditions.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity

All GDS Web Design services may be used for lawful purposes only. You agree to indemnify and hold GDS Web Design harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants GDS Web Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting GDS Web Design permission and rights for use of the same and agrees to indemnify and hold harmless GDS Web Design from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to GDS Web Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by GDS Web Design to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

Design Credit

A link to GDS Web Design will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in GDS Web Design’s portfolio.

Access Requirements

If the Client’s website is to be installed on a third-party server, GDS Web Design must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post-Placement Alterations

GDS Web Design cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Domain Names

GDS Web Design may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of GDS Web Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by English Law.

Liability

GDS Web Design hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of GDS Web Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

Privacy policy

Who we are and what we do

GDS Web Design respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after personal data and sets out the basis on which any personal data we are provided with about you, collect from you, or that you provide to us, will be processed by us.
Your visit to gdswebdesign.co.uk which is referred to as the “Site” is subject to the terms set out in this privacy policy. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

GDS Web Design is the data controller and responsible for your personal data (referred to as “we”, “us” or “our” in this privacy policy).

We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:

  1. To provide information to you that you request from us relating to our products or services.
  2. To provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
  3. To inform you of any changes to our website, services or goods and products.
  4. If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.

This policy is updated from time to time. All updated versions of the policy will be published on this page of the Site.

Information we may collect

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

When you visit our Site or correspond with us by phone, e-mail or otherwise you may give us information that would be classed as personal data about you and others you are acting on behalf of. We may collect, use, store and transfer different kinds of personal data about you when you do so which we have grouped together follows:

  1. Identity Data which includes first names, last names, username or similar identifier, marital status, title, date of birth and gender.
  2. Contact Data which includes billing address, your company registered address, home address, email address and telephone numbers.
  3. Transaction Data includes details about payments to and from you and details of products and services purchased from or through us.
  4. Technical Data includes internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Site.
  5. Profile Data which includes username and password or any accounts set up to access our products and services, purchases or orders made by customers, feedback responses.
  6. Usage Data which includes information about how you use our Site, products and services.
  7. Marketing and Communications Data which includes individual preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data (as defined in GDPR).

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Keeping your data secure

We know that data security is important to you and it is therefore important to us. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions in accordance with this policy and they are subject to a duty of confidentiality.

  • Electronic data is backed up through our external IT company.
  • Our computers are all password protected and only authorised employees can access the data.
  • Emails containing personal data are password protected and encrypted where appropriate.
  • Access to some data is restricted on a required only basis.

We have put in place procedures to deal with any suspected personal data breach and will notify our customers, you or any applicable regulator of a breach where we are legally required to do so.

How we will collect data

We use different methods to collect data from and about individuals including through:

  1. Direct interactions. Individuals may give us any of the categories of data identified above by filling in forms on our Site or by corresponding with us by phone, e-mail or otherwise. This includes personal data you provide when you:
    • register to use our Site;
    • make a request for our products or services;
    • request marketing communications to be sent to you;
    • give us some feedback.
  2. Automated technologies or interactions. As you interact with our Site, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies. Please see our cookie policy below for further details.
  3. Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources such as insurance providers, analytics providers, advertising networks and/or search information providers based inside or outside the EU.
  4. Contact, Financial and Transaction Data (if applicable) from providers of technical, payment and delivery services based inside and outside the EU.

Why we will use your data

The lawful bases for processing personal data are set out in Article 6 of the General Data Protection Regulation (GDPR). We may process your personal data on more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below. At least one of these must apply whenever we process personal data:

  1. Consent: ?you have given clear consent for us to process your personal data for a specific purpose.
  2. Contract:?the processing is necessary for a contract we have with you (for example, to process and deliver goods or services to you and to manage our relationship with you), or because you have asked us to take specific steps before entering into a contract or because we are acting as a data processor on behalf of a third party who has a contract with you for the provision of services.
  3. Legal obligation:?the processing is necessary for us to comply with a legal or regulatory obligation (not including contractual obligations).
  4. Vital interests:?the processing is necessary to protect someone’s life.
  5. Public task:?the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
  6. Legitimate interests:?the processing is necessary for our legitimate interests (for example to administer and maintain our website) or the legitimate interests of a third party unless there is a good reason to protect your personal data which overrides those legitimate interests. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Click here to find out more on the Information Commissioner’s Office website about the types of lawful basis that we will rely on to process your personal data.

Disclosing your personal data

We may have to share your personal data with the parties below in order to provide our services to you. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. Examples of our third parties include:

  1. Sub-contractors for the performance of any contract we enter into with them or you;
  2. Service providers acting as processors who provide IT, software and system administration services.
  3. Professional advisers including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services.
  4. Professional service providers such as a payroll company, pension provider.

Cookies

Consider whether you want a digital log of your visit to our Site to be recorded in your browser. If you don’t want a record to be kept, you can choose to delete your browser history afterwards or view our pages in incognito mode / private browsing, which won’t store your browser history, cookies, or search history after you’ve closed your browsers. However, you are not invisible. Using incognito mode / private browsing does not hide your browser history from your internet service provider, us or your employer (if you are using a company device).

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Site may become inaccessible or not function properly.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You may receive marketing communications from us if you have requested information from us or purchased Services from us and, in each case, you have not opted out of receiving that marketing.

We will get your express opt-in consent before we share your personal data with any other company for marketing purposes.

You can ask us to stop sending you marketing messages at any time by emailing us on gary@gdswebdesign.co.uk or by following the opt-out links on any marketing message sent to you. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a purchase of goods or services from us.

How long we will keep data

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. If we are supplying services to you, generally this means we will retain your personal data for the duration of the contract between us.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to access the Information Commissioner’s Office website to find out more about these rights:

  1. Request access to your personal data.
  2. Request correction of your personal data.
  3. Request erasure of your personal data.
  4. Object to processing of your personal data.
  5. Request restriction of processing your personal data.
  6. Request transfer of your personal data.
  7. Right to withdraw consent.

If you wish to exercise any of the rights set out above, please Contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee to cover our time if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Website disclaimer

The information contained in this website is for general information purposes only. The information is provided by GDS Web Design and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.

Through this website you are able to link to other websites which are not under the control of GDS Web Design. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, GDS Web Design takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.