Use of the Process
* In order to avail of this service you will have ordered a domain name and hosting account, which are annually renewable.
In order to avail of the Process, you will be required to provide current, accurate information as part of the ordering process.
* As part of the Xpress Creation Process you will be provided with a password protected web based control panel to provide us with information to create your website, to schedule your Build Session and to launch your Build Session with our Omniconsultant. In addition you will be providing login details to our sitebuilder so you can maintain your website. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. Omniserve cannot be held liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
* The Site Owner agrees to be responsible for maintaining backup copies of their own site contents if they deem this necessary. Omniserve will not be held liable for maintaining backups of said materials.
The Omniserve Xpress Creation Process
To ensure that your Build session takes place at the scheduled time we provide an automated OmniSetupCheck which must be run by you in advance of your scheduled session to check that your Browser and PC can facilitate the smooth running of your Build Session. Omniserve cannot be held responsible where a browser or PC does not match the minimum requirements of the Build Session nor do we provide technical support in respect of any configuration required by your PC to enable the Build Session to operate.
Minimum Requirements for a successful Build session:
* Port 80 and Port 443 open (ie that your firewall allows our virtual meeting software to connect to your PC).
* A Broadband connection operating at a speed of 1 mbps minimum.
* Completion of the Collecting Your Input questionnaire by you to the best of your ability (please note that you cannot move on to the scheduling of a Build Session until this is completed).
Creating a great website for you is a team effort, we need your co-operation to get the best possible result for you, this includes:
* In order to get the best possible result from your Build Session the “Collecting Your Input” questionnaire must be completed in advance. The more effort you put into completing the “Collecting Your Input” section the better your website is going to be.
* Subjectivity in respect of colour and images: According to research there are 16 basic personality types amongst people with many sub types. Therefore it is not possible to formulate an offering that will meet all the requirements of every different personality type. Omniserve Xpress Creation Process is offered at a highly competitive price that is intended to serve the economical end of the Small Business market. As such the fee does not include provision for prolonged discussions over colour and images. Please bear this in mind before buying the service. In respect of this Website Builder implementation colours can only be matched from the palette available in CM4ALL and design elements are determined by the template chosen
* Uniqueness: Omniserve take every effort to ensure that your new site is as unique as possible. You can help achieve this by providing as much unique content as possible during the completion of the “Collecting Your Input” questionnaire. Traditionally websites have been judged on aesthetic factors however Google and the typical business user are more interested in what content your website contains, the “Collecting Your Input” questionnaire provides you with a great opportunity to make sure your content is original and unique.
Scheduling of your Build Session
* To schedule a session you must complete the “Collecting Your Input” questionnaire.
* Because Omniserve allocates the time of a highly trained Omniconsultant specifically for your scheduled appointment all Build Sessions must occur at the scheduled time. If you are going to miss a scheduled Build Session then you must cancel the Consultation as soon as possible using the cancel or re-schedule option in the OMNISERVE Control Panel or call Omniserve to notify us. If a session is a no show by you, is canceled or rescheduled without a minimum of 2 hours notice then a penalty fee will arise for scheduling a new date for your Build Session.
* Please note that Build Sessions cannot be interrupted for breaks, phone calls etc. therefore please turn off your mobile phone and clear any diary items in advance of commencing the Build Session.
* Please ensure that you are the decision maker, the 60 minute session is about decision making and completing your new Omniwebsite, not suggesting alternatives that need to be authorized by another person in your organisation.
* Our fee includes the cost of us ringing you at an Eircom landline to conduct the Build Session. Please supply a landline number for which the Omniconsultant will ring you at to conduct the Build Session. Due to the high cost per minute and poor quality of mobile phone connections we cannot conduct a Build Session over a mobile phone. If it is essential from your point of view that the Build Session is conducted over a mobile phone connection then you must ring us at the start of the Build Session rather than us ring you.
* You understand that the content of your web pages, graphics and images are the sole responsibility of the person from which such Content originated. Omniserve reserves the right, but shall have no obligation, to refuse or move any Content made available via the “Collecting Your Input” questionnaire.
* You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using the Xpress Creation Process and for any consequences thereof. You agree to use the Xpress Creation Process only for purposes that are legal, proper and in accordance with the Terms of Process and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Xpress Creation Process or servers or networks.
* Pornographic, offensive, racist, hate, discriminatory, defamatory, libelous material is not permitted to be used or created with any Omniserve Xpress Creation Process.
* It is strictly prohibited to use any Omniserve Xpress Creation Process to distribute or make available for download copyrighted material without the copyright owner's consent.
* It is strictly prohibited to impersonate any person or entity or to misrepresent your affiliation to any person or entity.
* Any Account holder who engages in any of the above activities resulting in any damages or losses to Omniserve or any third parties shall be responsible for such damages and losses, including any costs involved in disputing or collecting such damages and losses. Accounts found abusing the above Terms will be terminated and all data immediately deleted with no refund.
* In order to minimize the disruption to your working day Build Session take place over virtual meetings rather than face to face. This may result in you feeling that the person at the other end is not a human being and allow frustrations on your part that are not relevant to the Consultation to arise. Please bear in mind at all times that our Omniconsultants are highly trained, committed individuals and should be treated as such. Abusive language or behavior towards our Omniconsultants will not be tolerated.
1. Ownership of IP: If you supply images/content during the “Collecting Your Input” questionnaire you certify that you own the rights to all such content. Should Omniserve receive complaints that your site features content belonging to third parties we will instruct said third parties that we will remove your website on foot of a court order to do so. All correspondence should take place directly between the complainant and the website owner in the first instance. You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).
2. Except as permitted by applicable law or as expressly permitted by Omniserve the Customer must not, without Omniserve's prior written consent, copy, de-compile or modify any software, copy manuals or documentation or permit anyone else to do so.
3. Omniserve reserves the right to alter/amend/upgrade any aspect of the Xpress Creation Process offering at its own discretion, without notice.
4. You agree that by signing up to use the Xpress Creation Process your Build Session is for a maximum of 60 minutes. No additional minutes are available as part of this Process. Post the Build Session you will be provided with the tools necessary to carry out any additional work to your website yourself.
5. The contract is to build a website to the specification chosen by you. Your choice of package will determine the number of pages that the Omniconsultant will build. During the consultation you will be shown how to add additional pages yourself.
6. In the case where customers are provided with unlimited pages this is subject to a fair usage policy of 50 pages.
7. While you will be provided with access to maintain your website FTP and Control Panel details are not provided and trying to access these areas will result in termination of the account unless approved by Omniserve in writing.
8. Our ALL-IN-1 Website Offer has an initial cost of €399, €499, €699 or €999. In year 2 should you wish to keep your Omniwebsite Omniserve Technology Ltd will invoice you for the annual cost of your domain name, hosting of your website, technical updates and an annual recurring licence
9. You agree to the text “Website Powered by Omniserve” appearing discretely on your website in the Footer of your page with a link to the Omniserve home page.
10. The number of pages we create in the the All-in-1 Offering is based on your chosen package. However, you can create up to 50 pages in total.
* Based on our extensive experience in Search Engine Optimisation we take care to uniquely customize each Omniwebsite for the best Google ranking possible.
* While we optimise your website for Google though a number of techniques, Omniserve does not guarantee a number 1 placement in Google due to the nature of Search Engine Optimisation and how people might search for a Product or Service.
* Omniserve cannot be held responsible for Google placements where you choose not to use or changes the default Omniserve content provided.
* Typically it can take up to 2 months for the major search engines to spider a new website and include it in their index. We cannot speed this process up but we do immediately register your site with Google.
Communications and Support
* All communications concerning services and renewals will be via email to the address you supply, it is in your interest to ensure that we have the most up to date one for you at all times.
* Support will be provided by OMNISERVE using the ticketing system you will be given access to through your control panel.
Post Build Session
The Website Builder system that we provide you with is very flexible :
1. You can change your own content or add new content by simply logging in to your control panel.
2. Website statistics: You can see the details of the visitors to your website by simply logging in to your control panel.
Except to the extent any disclosure is required by law, Omniserve and the Customer will keep in confidence any information, whether written or oral, of a confidential nature obtained under or in connection with the provision of the Xpress Creation Process. Omniserve and the customer will not, without the consent of the other, disclose such information to any person other than:
(a) their employees or professional advisers who need the information in order for the Customer or Omniserve to fulfill its obligations under this Contract; or
(b) in the case of the Customer, its staff to the extent that they are required to use or access the Service; or
(c) in the case of Omniserve, the employees or professional advisers of its suppliers who need the information in order for Omniserve to fulfill its obligations under this Contract.
Transfer of Rights and Obligations
The Customer may not transfer any of their rights or obligations under this Contract without the written consent of Omniserve whereas Omniserve may transfer its rights or obligations or both to a Group Company or third party without consent provided that Omniserve notifies the Customer that it has done so.
If for any reason you are unsatisfied with any Omniserve service we provide a comprehensive complaints procedure. To log a complaint please send an email to email@example.com with the subject line “Formal Complaint” outlining in detail the nature of your complaint. If properly configured it will be processed and responded to within 7 days. We require that clients complete this procedure before contacting third parties/making public statements.
Omniserve hereby grants you a non-exclusive, non-transferable license to use our software. You are not being granted any right to copy the software or to use it on computers other than a server controlled by Omniserve.
Limitations Of Liability And Disclaimers
The maximum liability of Omniserve in respect of any of its services, unless otherwise agreed by prior written agreement, shall be the fee received by Omniserve in respect of the relevant service.