Terms & Conditions
Last updated 15/07/14
The following terms and conditions document is a legal agreement between Darren Langley hereafter web designer and client for the purposes of website design or web development. These terms and conditions set forth the provisions under which the client may use the services supplied.
ACCEPTANCE OF WORK
All payments are made online via GoCardless payment gateway.
Receipt of payment by the web designer from the client is an acceptance by the client of the contract and the terms herein.
On acceptance of the contract, the client gives their express permission for the work to begin immediately.
web designer will carry out work only where paid has been received in advance from the client for the work, unless otherwise agreed at web designers discretion.
Any other services on the order which have not been included in the invoice do not form part of the contract. The client agrees to check the details of the invoice are correct and should print and keep a copy for their records.
Web designer is liable to withdraw from contract at any time prior to acceptance.
Additional work requested by the client which is not specified in the agreed quotation is subject to an additional quotation by the web designer on receipt of specification. If the work is needed as part of an existing project then this may then effect timescale and overall delivery time of the project.
Client agrees to provide any needed information and content required by web designer in good time to enable web designer to complete a design or website work as part of an agreed project and timescale.
Prices are subject to change without notice.
For any work web designer requires payment to be received in advance for the work being carried out and before handover of files, except where agreed at web designer’s own discretion.
All prices are exclusive of VAT.
All invoices must be paid in full within 30 days of the invoice date, except where agreed at web designer’s own discretion.
Web designer reserves the right to charge interest at the rate equivalent to that set out for the purposes of S6 of the Late Payment of Commercial Debts (Interest) Act 1998, calculated on a daily basis from the date of invoice until payment.
Web designer reserves the right to decline further work on a project if there are invoices outstanding with the client.
Client may request that the web designer cancel a project in writing by email or postal mail to web designer and the project is cancelled only if web designer confirms work has not been started on the project. If web designer has begun or completed the work and the client no longer requires the files but have agreed to the work, they are still obliged to pay web designer for the work that has been carried out.
All invoices are submitted by email except where required otherwise by regulations or agreed at web designer’s discretion.
Web designer reserves the right to remove it’s work for client from the Internet if payments are not received.
PERMISSION AND COPYRIGHT
All pages, images, text and code on web designer’s website at http://www.startingpointwebsite.com/ is copyrighted material.
Client and any visitors to the web designer’s website at http://www.startingpointwebsite.com/ may not use any of the pages, images, text or code on the web site for use on client’s or visitors own website or to create a website, templates without prior written permission from web designer.
Copyright of the completed web designs, pages, code and source files created by web designer for the project shall remain with the web designer and be used under licence by the client for an on-going monthly fee, as outlined in advance by the web designer.
Client hereby agrees that all media and content made available for use in the project are either owned by the client or used with full permission of the original authors. The client agrees to hold harmless, protect and defend web designer from any claim or suit that may arise as a result of using the supplied media and content.
Client agrees that web designer may include development credits and links within any code web designer designs, builds or amends.
Client agrees that web designer reserves the right to include any work done for the client in a portfolio of work.
Client agree that the website can only be hosted on the web hosting platform provided by the web designer and accepts that they will not duplicate the website and host it anywhere else.
Access to the web hosting control panel, FTP, and WordPress theme source code is restricted, however access will be made available by the web designer for an additional one-off fee.
Web designer reserves the right to refuse to handle:
- Any media which is unlawful or inappropriate;
- Any media which contains a virus or hostile program;
- Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
- Any media which constitutes a criminal offence, infringes privacy or copyright
DOMAIN NAMES AND HOSTING
The web designer can at it’s own discretion, but is not obliged to, offer domain name registration and hosting via a third party service.
The client agrees that registration of a domain name does not provide endorsement of the right to use the name. The client is responsible for ensuring they have due title to the domain name. The web designer holds no liability and the client hereby agrees to indemnify and hold harmless the web designer from any claim resulting from the client’s registration of a domain name.
The client should be aware that a domain name is registered with a third party and as such the client shall agree to fully abide by the terms and conditions set out by the third party for such services.
Client agrees to take all legal responsibility for use of third party domain name and hosting services and supplies truthful details to the third party services.
The Client agrees that information submitted for registration of domain names is then available the general public via the Nominet Whois system. However, clients that are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.
The client is liable to pay web designer for any domain name registrations and the initial set up of the hosting if included as part of the web site build.
The client agrees that if at any time their contact details including email address change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain and hosting services are not received by the client.
Payment for one, optional, domain name and hosting services are to be made as part of an on-going monthly fee, as outlined by the web designer. Failure to comply with the payment terms may result in the clients domain name becoming available to another party and/or the web site and email services becoming unavailable.
Web designer reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.
Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the web designer from any claim resulting from the client’s publication of material and use of the domain name, hosting and email services.
Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.
During a website project it is important that client communicates information to the web designer to achieve the required result.
The client agree that the web design provided to them based on their communicated requirements will be accepted as is. The web designer reserves the right to refuse to make any alterations to the design or code following delivery of the website design.
If the client rejects the supplied design the web designer will offer to produce a second version for an additional, reduced cost as identified by the web designer.
The client agrees to populate all content within the website themselves. The web designer will provide informaiton in the for of text documents and video instructions to aid the client’s population of content.
If the client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, web designer reserves the right to quote separately for these alterations. Examples of alterations include, but are not limited to:
- Altering the design layout template which surrounds the centre content to the top, left, right and bottom of the page
- Altering the logo
- Altering layers, tables, data, graphics, images and text
- Addition of a new table or layer to redesign the whole or part of a page
- Altering colours and font styles
- Changing the widths and heights of objects on the page
- Altering the design and structure of navigational menus, links, buttons
If optimised pages are included as part of the project, web designer will optimise the client’s web pages which already make up part of the project, optimised pages is not creation of new pages. The optimisation of the web pages can include the meta tags, keywords, description, title, alt tags and text provided by the Client.
Web designer endeavours to create pages that can be crawled by search engine spiders. However, web designer gives no guarantee that the site will become listed with search engines. This is often achieved through various methods such as page layout, content and cross linking with other websites. The client may wish to enquire about specialist web marketing.
If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then client agrees that web designer can apply a nearest available alternative solution.
Web designer at all times applies reasonable skill and care in provision of services.
Once the project is completed, web designer will upload the website to the client’s live web address if included as part of a project.
If client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then web designer reserves the right to quote for work to repair the website.
Web designer reserves the right to assign subcontractors in whole or as part of a project if needed.
All communications between web designer and client shall be by email only, except where agreed at web designer’s discretion.
ACCESSIBILITY & WEB STANDARDS
Web designer tests sites and templates to ensure they comply with W3C CSS standards as they are at time of sale. Should updated W3C CSS guidelines be introduced after the site or templates were sold to the client, web designer reserves the right to quote separately for any additional work needed. If client uses web designer’s templates and CSS stylesheets which are not built by web designer, the overall page may not meet W3C CSS standards.
Web designer tests sites and templates to ensure they comply with W3C HTML standards as they are at time of sale. Should updated W3C HTML guidelines be introduced after the site or templates were sold to the client, web designer reserves the right to quote separately for any additional work needed. For Actinic templates, Actinic software needs to have Actinic specific coding tags within the templates for the site to work and these Actinic code tags do not comply with W3C HTML standards as they are not recognised, however this does not affect site functionality or display. If client uses web designer’s Actinic templates along with other Actinic templates which are not built by web designer, the templates not built by web designer may not meet W3C HTML standards.
Web designer shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. New layouts are tested with older browsers to ensure as much compatibility as possible. Client agrees that web designer cannot guarantee correct functionality with all browser software across different operating systems.
Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer, Mozilla Firefox, Google Chrome and Safari, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their website. As such, web designer reserves the right to quote for any work involved in changing the web site design or website code for it to work with updated browser software, domain name or hosting changes.
Client agrees that more advanced applications on a website page may require a newer browser version or plugin.
LIABILITY AND WARRANTY DISCLAIMER
Web designer provides their website and the contents thereof on an “as is” basis and makes no warranties with regard to the site and it’s contents, or fitness of services offered for a particular purpose. Web designer cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
Web designer endeavours to provide a website within given delivery timescales to the best of it’s ability. However, the client agrees that web designer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
The client agrees web designer is not liable for absence of service as a result of illness or holiday time. Web designer has a third party associate who may be able to take on work should there be the need to.
The client agrees web designer is not liable for any failure to carry out services for reasons beyond it’s control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
Web designer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
Whilst every effort is made to make sure files are error free, web designer cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free. If after handover or go live of files errors are found in code the web designer has created and the main browsers Internet Explorer, Mozilla Firefox, Google Chrome and Safari, domain name setup and hosting setup are the same as when work began, then web designer can correct these errors for the client free of charge.
Should client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, web designer reserves the right to cancel forthwith any projects and invoice client for any work completed.
Web designer shall have no liability to the client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if web designer has been advised of the possibility of such damages.
There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend web designer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client exercise of Internet ecommerce.
Web designer may from time to time recommend to the client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. Web designer reserves the right to quote for any updates as separate work. Client agrees web designer is not liable for any failure to inform or impliment these updates to their site. Client agrees that it shall defend, indemnify, save and hold web designer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or impliment these updates.
Should payment of monthly on-going fees not be received by the web designer, the web designer reserves the right to suspend the website and it’s hosting account until payment of outstanding balance, plus interest and any fees inccured, are paid in full.
Client agrees to use all web designer services and facilities at their own risk and agree to defend, indemnify, save and hold web designer harmless from any and all demands, liabilities, costs, losses and claims including but not limited to solicitors fees against web designer or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.
Client also agrees to defend, indemnify and hold harmless web designer against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.
Web designer and any third party associates agrees that, except if directed by the client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the client agrees that it will not convey any confidential information about web designer to another party.
Web designer and any third party associates shall use information provided by the client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes:
1) To identify the client in communications with them.
2) To contact the client from time to time to offer them services or products which may be of interest to or benefit the client.
Web designer reserves the right to terminate a project with a client at any time without prior notification if it finds the client in breach of these terms and conditions. Web designer shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
Web designer reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the web designers website at https://www.startingpointwebsite.com/terms-conditions with a date of last update found under each heading.
By accepting the web designers quotation or making a payment of invoice to use the services supplied, the client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.