Terms and Conditions
These Terms and Conditions are Copyright of Shropshire Web Design
1. Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Shropshire Web Design (SWD). Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document.
2. SWD Intellectual Copyright: SWD holds intellectual copyright of any material, including source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client.
3. Clients Responsibilities with Regard to Copyright: In situations where the client provides images, text, animations, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright.
Certain images provided by Shropshire Web Design may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
4. Registration Charges: All third party costs arising from the registration of a domain name shall be met by the Client. SWD recommend that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client’s behalf we agree to transfer this domain name to the client immediately upon request and without charge.
5. Search Engine Promotion: If Search Engine Optimisation has been agreed as part of the contract the client must be aware that SWD are not responsible for ongoing web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.
6. Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
7. IMPORTANT! Failure to Provide Required Website Content: You must ensure that we are not delayed as a result of late delivery of the material and content required to complete your website.
This is why we ask that you provide all the required information in advance. On any occasion where we are delayed because you have not provided this information, we reserve the right to impose a surcharge of 25% of the total cost of the work. Also, if your job 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 in advance and subsequently fail to do within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. This will not be a problem provided that you do not give us the go ahead to start until you are ready to do so.
8. Conceptualising: Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. This clearly takes a lot of time and for higher cost websites it will be included. For low cost sites (say below £500) you should be aware that (unless previously agreed) only one concept is possible. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don’t do this we will design the website appropriately. If it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.
9. Travel Time and Travel Expenses: Travelling time to and from customer premises is not generally included in our estimate. SWD reserve the right to make a charge for travelling time at our current hourly rate. Likewise SWD reserve the right to charge for travelling expenses based on 50p per mile. (NOTE: There will be no charges for travelling time or expenses incurred during the quotation process, i.e. before you give your approval for work to commence.)
10. Quotations: The price quoted to the client is for the work specifically agreed on the quotation only. Should the client decide that changes are required after work on the website has commenced there may be a surcharge.
11. Payment – Advance Fee: An advance fee of 50% will be required before any work can start. Clients should only pay this advance fee if they agree to our terms and conditions. Payment of the advance will be taken as agreement of our terms and conditions. Once the website is completed the full balance will then be required.
12. Payment – Refund Policy: After agreed work on a website commences advances are not refundable, A PARTIAL REFUND MAY BE GIVEN BASED ON TIME AND RESOURCES USED AT THE TIME.
13. Payment Methods: Unless otherwise agreed, payment is only accepted by credit card, cheque, bankers draft in UK Pounds Sterling or cash. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £40.
14. Payment of Balance: Invoices are only issued when clients accept that their website has been completed to their satisfaction. Payment of the balance is due immediately on completion of the website. We reserve the right not to launch a website until full payment has been received.
15. Late Payment 1: Any websites previously launched may be removed if payment is not forthcoming. When this occurs an additional minimum charge of £50 will be required to have the site restored.
16. Late Payment 2: Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.
17. Future Support: Your website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand SWD is not responsible for future support if you manage the content in house (make edits to the website yourself). Support can be provided upon request for an agreed fee. Your website is offered as a single contract and no guarantee of the availability of future support from Shropshire Web Design is offered unless an ongoing support package has been agreed.
18. Future Site Problems: Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. It is highly unlikely that these will affect your website, and SWD will endeavour to protect it from this as much as we can during its creation, but after the website is handed over we cannot be held responsible for problems caused by illegal activity or the actions of others.
19. Access to Client Hosting Space: We may require ongoing access to our clients’ hosting space to allow us to support and monitor their websites. This access is via a user ID and password combination, which the client may change after the website is handed over. If the client chooses to change the password we will no longer have access to the website and further support will not be possible. We cannot be held responsible for any changes made to the website by the client or the client’s agents.
20. Compliance with Ecommerce, Accessibility or Other Regulations: We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations.
We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues may exist we recommend that the client takes legal advice from their company lawyer.
21. Validity of Quotation: Unless otherwise agreed any quotation provided will be valid for 30 days from the date of receipt.
22. Domain names are charged on a yearly basis and are renewable each year based on .com if .co.uk it is 2 yearly.
23. Hosting Shropshire Web Design has a hosting package for websites built and managed by Shropshire Web Design, you can move your hosting at anytime, shopping cart hosting with a database can be discussed before work commences. Payment for hosting is on a monthly direct debit, if payment is not received the website will be suspended after 28 days, notification of domain name renewal will be sent to you, if payment is not received before the domain name lapses your domain could be released back into the open marketplace and could be purchased by another party. if payment is not received for a domain name and it renews it then becomes the property of Shropshire Web Design.
24. Website Choices Shropshire web design can help with advice to choose what type of website you will need, depending on budget and goals for online presence, It is the clients responsibility to finally decide on the type of website they require, Once a website has been built Shropshire Web Design is not responsible for the final choice decided by the client.
These Terms and Conditions are Copyright Shropshire Web Design
Notes:
Should SWD waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit SWD to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected.
SWD reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.