PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY Al-Junaid Agency (“COMPANY”). BY VISITING THE WEBSITE OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE AND ACCEPT TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE APPS OR SERVICES. USE OF THE COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS WEBSITE.

The following terms and conditions apply to all website development/design services, website hosting, and search engine optimization services provided by Al-Junaid Agency to the Client.

1. Acceptance

a) 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.

b) 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.

2. Charges

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

b) Unless agreed otherwise with the Client, all website design and search engine optimization services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials.

c) Payment for services is due by PayPal/Stripe or bank transfer.  Bank details will be made available on invoices. Payments by Credit/Debit Card will attract an additional 3.4% processing fee.

3. Client Review

a) Al-Junaid Agency 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 Al-Junaid Agency otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

a) Al-Junaid Agency 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 Al-Junaid Agency receiving initial payment, unless a delay is specifically requested by the Client and agreed by Al-Junaid Agency.

b) In return, the Client agrees to delegate a single individual as a primary contact to aid Al-Junaid Agency with progressing the commission in a satisfactory and expedient manner.

c) During the project, Al-Junaid Agency will require the Client to provide website content; text, images, videos, and sound files.

d) Unless agreed at the start of the project we allocate a two-month window to complete your website project. We appreciate that some projects may take longer, but the intent is to not have projects that are open-ended.  We reserve the right to charge a fee for projects that go beyond this date as shown in (5a).

5. Website Content

a) Al-Junaid Agency is a small business, to remain efficient we must ensure that the work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and inquiries 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 a result, we reserve the right to impose a surcharge of up to 25%.

b) 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.

c) Text content should be delivered as a Microsoft Word, Apple Pages, 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.

d) Using the WordPress or Joomla content management systems you are able to keep your content up to date yourself.

e) We will provide a generic Privacy Policy statement for your website.  We are not legally trained, it is the responsibility of the website owner to ensure that it meets the requirements for their needs.  We advise that you seek legal advice in this matter to ensure you are compliant.

6. Payment

a) Invoices will be provided by Al-Junaid Agency 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.

b) 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.

c) Unless otherwise stated within the agreement, all our services will be chargeable at a rate of £35 per hour (thirty-five pounds sterling).

d) Al-Junaid Agency reserves the right to increase the chargeable rate at any point giving 30 days of notice to clients.

7. Additional Expenses

a) Client agrees to reimburse Al-Junaid Agency for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, etc.

8. Web Browsers

a) By using current versions of well supported content management systems such as Joomla and WordPress, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Microsoft Edge, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

b) Al-Junaid Agency cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Al-Junaid Agency 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.

9. Default

a) Accounts unpaid twenty-one (21) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Al-Junaid Agency’s server space, Al-Junaid Agency will, at its discretion, remove all such material from its web space. Al-Junaid Agency 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.

b) Terminated accounts are normally deleted two weeks after suspension.  During this time the website may or may not be available for restoration.  Al-Junaid Agency will not be liable for any loss of data if this process is required. Al-Junaid Agency will charge a fee of £50 to initiate this process.

c) Clients with accounts in default agree to pay Al-Junaid Agency reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Al-Junaid Agency in enforcing these Terms and Conditions.

10. Termination

a) Either party may terminate this Agreement upon giving at least thirty (30) days prior written notice to the other party of its intent to terminate this Agreement.

b) E-mail or telephone requests for termination of services by the client 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.

11. Warranties and Limitations on Liability

a) Al-Junaid Agency warrants that all services provided under any agreement will be provided/developed with all reasonable care and skill.

b) Any illustrations, drawings, colors or diagrams provided in any of Al-Junaid Agency Websites’ literature or any other published matter are of a general informative nature and are subject to change at any time without notice and shall not constitute as part of any contract nor shall it give rise to any liability.

c) Al-Junaid Agency excludes all warranties and makes no guarantee concerning the number of visitors a website will gain. Al-Junaid Agency can also make no guarantees in relation to any anticipated business or sales in connection with services provided

d) Where Search Engine Optimisation services are provided, Al-Junaid Agency can not offer any assurances in relation to where the clients’ website will rank on search engines. Search engine rankings are a result of a number of factors and although Al-Junaid Agency can follow a series of tasks, the result of the completed tasks can not be guaranteed or predicted. Simplified, Al-Junaid Agency does not guarantee any specific placement or high ranking on search engines.

e) When updating a website, the client agrees that Al-Junaid Agency can not be held responsible for any change in search engine rankings when updating, changing, creating, or hosting a client’s website. This also includes potential downtime of a website whether the downtime is beyond the control of Al-Junaid Agency or not.

f) Al-Junaid Agency requires as a necessity that the client carry out adequate research before proceeding with a website. This must include checking that the website/idea proposed by the client will operate legally. It is important that the website/idea is not illegal in any way and Al-Junaid Agency can not be held liable for any legality issues that may arise.

g) A copy of all work will be provided for the client upon completion of a project, the client will be responsible for the work and although Al-Junaid Agency will take all precautions necessary, we can not be held liable for the loss, damage, or corruption of files and information stored on its servers or individual PC’s.

h) Al-Junaid Agency can not be held liable for any underperformance, loss, or damage arising from the clients’ design or specification error or if the client has chosen an incorrect or unsuitable service for their purposes.

i) Al-Junaid Agency will not be held liable by reason of representation, warranty, condition, or any other term for any indirect or consequential damage, loss, or any other claim for compensation arising from our negligence, or the negligence of any employees or contractors in connection to the project agreement.

j) Under any other circumstances where Al-Junaid Agency may be liable, our total liability to the client will never exceed the amount of fees payable and paid to us by or on behalf of the client in relation to the project.

k) Al-Junaid Agency has no control or responsibility for any content displayed on a client’s website. In no way does any of the textual or visual elements on a client’s website constitute Al-Junaid Agency endorsement or approval of the materials on a website or the website itself.

l) Al-Junaid Agency provides links to clients’ websites for the convenience of potential customers and intends that the links be current and accurate but can not guarantee that such links will point to the intended website at all times.

m) Al-Junaid Agency cannot be held liable for anything adversely affecting the client’s business operation, sales, or profitability that might be claimed as a direct result of a service provided by Al-Junaid Agency.

n) We will provide a generic Privacy Policy statement for your website, we are not legal experts and you should get proper legal advice on the suitability of the Privacy Policy statement.  We will not be held accountable for any loss or damage associated with this statement, you are free to provide a more suitable wording which we will upload for you.

12. Intellectual Property and Copyright

a) The client agrees that any and all of the design rights, images, photos, graphics, logos, trademarks, trade names, copyright, patents, and any other intellectual property rights created, developed, or used in connection with the development of the clients’ project as detailed in the agreement shall remain the sole property of Al-Junaid Agency. Acceptance of these terms and conditions will constitute acceptance to authorize the client with a non-exclusive license to use these rights for the purpose of their business. For clarification, the content provided by the client does not fall under this clause.

b) Should new inventions, designs, processes, or software evolve as a result of providing services to the client, the client agrees that all rights as outlined in the above (12a) shall belong to Al-Junaid Agency.

c) An no point during the project or after the completion, termination, or expiry of a project will the client question or dispute the ownership of all property and rights as referred to in the terms (12a) and (12b).

d) Where Al-Junaid Agency provides images or text for use in a project on the client’s behalf, the intellectual rights will remain with the owner of the image and will be paid for. These images are strictly for use on the website only. Al-Junaid Agency is not liable for any misuse of images by the client or any other person or persons.

e) It is the responsibility of the client to ensure any text or images they provide for use within the project are of their own intellectual property or permission has been given to use the text or images. In the event of any infringement of any third-party intellectual rights, the client will indemnify Al-Junaid Agency against all liabilities, costs, damages, or expenses which they may incur.

f) At no point will the client be charged for open source software, Al-Junaid Agency will not attempt to pass open source software as their own work. Any charges arising from the use of open-source software will be for work produced by Al-Junaid Agency in relation to the project and the installation time required.

13. Standard Media Delivery

a) 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 via e-mail) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png, .psd, .ai or .tiff format. Although every reasonable attempt shall be made by Al-Junaid Agency to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.

14. Design/SEO Credit

a) A link to Al-Junaid Agency will appear in either a small type or 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 £2000, a fixed fee of £500 will be applied.

b) The Client also agrees that the website developed for the Client may be presented in Al-Junaid Agency’s portfolio.

c) For SEO clients, if deemed beneficial for SEO purposes, a link to our website will be placed on your website to assist with link building. We will reciprocate with an inbound link from us so long as the outbound link to our website remains visible on your website.

15. Access Requirements

a) If the Client’s website is to be installed on a third-party server, Al-Junaid Agency 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.

16. Post-Placement Alterations

a) Al-Junaid Agency 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.

17. Domain Names

a) Al-Junaid Agency 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 Al-Junaid Agency. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

a) 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.

19. Governing Law

a) This Agreement shall be governed by English Law.

20. Backups

a) You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

b) If you are on one our managed hosting packages then we will take a daily backup of your website. This is provided by a third party and stored within the EU. No backup solution is 100% perfect and you may wish to take your own backup.  We will provide full instructions on how to do this using cPanel.

21. Website Software Updates

a) All websites require ongoing maintenance to keep them updated, much like mobile phones and apps. These updates help keep the website safe by patching vulnerabilities, fixing bugs, or adding new functionality.

b) You are responsible for regularly updating the content management system software (Joomla or WordPress) and plugins as and when updates are issued.  Failure to do so may put your website at risk from cyber-attacks, hacking, malware, viruses, and other such harmful offenses. Al-Junaid Agency will not be liable for restoring any client data or client websites, regular backups may help limit the extent of any data loss.

c) If you are hosted on one of our hosting packages then we assume responsibility for updating the content management system, plugins and widgets.  In this instance 21 b) does not apply.

d) Certain plugins require an annual subscription fee paid to a third party, we will inform you when this is the case and the fee.  We cannot be responsible for any fee increases imposed by a third party.  Likewise, if the fee is not paid the plugin may stop working, furthermore, an out of date puts your website at risk from hacking for which we will not be responsible.

e) If your website is hosted elsewhere we will not be responsible for the updating of your website or plugins.  If you would like us to manage your website and keep it updated then a fee will be payable.

f) You are free to install plugins on your website to gain further functionality.  However, we will not be liable for any issues this may cause and you assume full responsibility for updating the plugin.  For example, if the plugin causes your website to stop working we will not be liable, although we may offer assistance which will be chargeable.

22. Severability

a) 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.

23. Force Majeure

a) Neither Al-Junaid Agency nor the client shall be responsible to the other party for any delay in performance due to any cause beyond the reasonable control of either party. The affected party shall immediately inform the other party of this occurrence when it happens, stating that the occurrence has happened and the affected party will take all action reasonably possible to remedy the situation and to comply with the terms of this agreement.

b) In the event that the Force Majeure shall continue for more than a continuous period of 21 days, then the party not in default shall be entitled to terminate the agreement with immediate effect. Neither Al-Junaid Agency nor the client will have any liability against the other in respect of this termination arising as a result of the force majeure.

24. Hosting

a) If required by the client, Al-Junaid Agency will provide the means to host the website at the cost agreed in the agreement. Hosting will begin at the commencement of the project and when hosting costs have been received.  Al-Junaid Agency will endeavor to provide a professional, reliable service to the client at all times but cannot guarantee the website hosting will be available at all times, particularly in the event of a technical failure beyond the control of Al-Junaid Agency.

b) Hosting with Al-Junaid Agency is acquired on a yearly contract and upon agreeing to the terms and conditions, the client is entering into a contractually bound subscription for a year, the hosting costs must be paid in a single one-off payment. On receiving a one-off single payment the client’s website will be hosted for a year. If at any point a payment is not made on time then Al-Junaid Agency reserves the right to cease hosting a website and will require the remainder of payments be paid. Al-Junaid Agency also reserves the right to charge an admin fee for the re-activation of a website should this situation arise.

c) Al-Junaid Agency may use Direct Debit to collect payment for the annual hosting fee. 

1. We use Stripe (www.stripe.com) to collect payment for the hosting with a recurring yearly Direct Debit. The hosting plan will renew automatically on the anniversary of the date the hosting service was first paid for unless you contact us to cancel or you contact your bank and cancel the Direct Debit.
2. If you would like to cancel your hosting plan, you must let us know in writing at least 30 days before the renewal date. Please note that canceling your direct debit does not cancel your agreement with Al-Junaid Agency. You always need to contact Al-Junaid Agency in writing.
3. Al-Junaid Agency reserves the right not to renew any hosting contract at the end of each 12-month period.

d) Hosting will run on a yearly contract. At the end of each year, it is the client’s responsibility to contact Al-Junaid Agency if they wish to cancel hosting the website. Al-Junaid Agency will make reasonable efforts to inform the client of any pending hosting renewals.

e) All standard hosting provided by Al-Junaid Agency is based on 2GB of website and email storage space unless otherwise stated in the contract. If a site will require more than 2GB then the client will be advised of additional costs and hosting solutions.

f) Should the client wish to move a hosting package to another provider then Al-Junaid Agency reserves the right to charge an administration fee of £65.

25. Sub Contracting

a) Al-Junaid Agency may require the services of external contractors/freelancers to work on the project. Should this be the case the client acknowledges that our staffing of the project is entirely at Al-Junaid Agency’s discretion.

26. General Data Protection Regulation (GDPR) Statement

a) As defined by the GDPR, Al-Junaid Agency is a ‘processor’ and the client is the ‘controller’.

b) We take the data protection of our clients’ data seriously and regularly audit our procedures to ensure compliance.

c) In accordance with the GDPR, we are only authorized to act on the documented instructions of the ‘controller’.

d) We will attempt to store all documentation (email/SMS/Whatsapp/written instruction) for a minimum of five years to provide a comprehensive record of exchanges between the ‘processor’ and the ‘controller’ for reference and should any disagreement arise.  All digital documentation will be password protected as a minimum and employ encryption techniques where possible to keep the documentation safe.

e) Persons contacting us via our online contact page, direct email, telephone call, SMS or Whatsapp are deemed to have given their consent for us to process their data to enable us to respond to their inquiry. This data normally consists of a name, email address, telephone number, and the request.  In the event the person contacting us becomes a client then this data will be processed as per paragraph 26 d), otherwise it will normally be deleted after six months.

f) In the event that we have to share data with a third party, we will gain consent from the client beforehand.

g) We use Hostinger for our hosting and email packages. By agreeing to our terms and conditions you give us consent to use Hostinger as a sub-processor.  Hostinger has given a written assurance that they are or will be GDPR compliant. If you are using a third-party hosting provider, you are responsible for ensuring they are GDPR compliant.

h) EU citizens can request that we amend, delete or move their data to a different organization. This will be honored within one month after a written request has been received.

i) In the event of a data breach, we will notify the UK data protection authority (Information Commissioner’s Office) within 72 hours of becoming aware of it.

j) In summary, we believe that we are GDPR compliant.