Orders are accepted on condition that the wording complies with current legislation and confirms to the provisions of the British code of Advertising Practice.
Definitions: In this agreement the terms have the following meanings:
· (a) “The Client” means any person, company, partnership, organisation or body at whose application, The Web Design Company agrees to provide the products and/or services under the terms of the agreement.
· (b) “The Agreement” means the contract between The Web Design Company and the Client to which these conditions will apply.
· (c) “The Contract” mean the digital or printed document completed by the client in order to enter the Agreement.
· (d) “Order” is the request by the Client for products and/or services in The Contract/agreement
· (e) “Completion of site” means 4 days from the site being uploaded to a temporary site on the server of The Web Design Company, for approval by the client, without notification from the client that the site is unsatisfactory.
· (f) “Deliverables” are the outputs of services to be supplied under the agreement.
Scope: This agreement shall apply to all goods and/or services ordered by the client from The Web Design Company.
Payment: An upfront payment of 50% of the total fee is due with order, with the remainder being payable upon completion unless otherwise agreed, as in the case of some larger Ecommerce sites. (£10’000+) Whilst any payment due under the agreement remains outstanding, The Web Design Company shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. All payments by cheque, bankers draft or money order must be made in pounds sterling.
Discounts & referral fees: Multiple Discounts cannot be claimed or applied for the same job. If a job has been referred to us and a referral fee is claimed for the job, both parties to the job (the customer and the person referring the work to us) cannot apply for both discounts and referral fees, either the customer can claim a discount where applicable, or the person referring the work can claim a referral fee, but not both. Also only one discount can be applied for at any time.
Your Responsibility: The client must provide all text and other media required for the completion of their website to The Web Design Company by email, in advance with the deposit. Except in the case of larger sites where it is not possible to do so, in which case the client must provide such details within 2 days of request by The Web Design Company The client is responsible for the spelling and grammar used in the site text, although The Web Design Company will try to correct obvious mistakes in the text we make no guarantee to do so.
Liability: The Web Design Company hereby excludes itself, its Employees and or Agents from:- all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to clients artwork/photos, supplied for the site.
Copyright: Any web page; design or entire site designed by The Web Design Company carries a copyright and link to The-Web-Design-Company.co.uk, and cannot be reproduced without written consent. The placing of an order by the client or other person/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the advertisement. The Advertiser/customer must indemnify The Web Design Company in respect of all actions; proceedings; costs demands and claims arising from any such breach.
Delivery: on completion of work, the deliverables will be uploaded to the client area of The Web Design Company Server for approval. Upon approval by the client, the deliverables will be uploaded to the clients server. Where the clients site is being hosted by a third party, The Web Design Company reserve the right to delay uploading of deliverables until full payment has been received. Where delivery has not been possible due to the failure of the client to provide such details as are required for completion within the contract duration, The Web Design Company reserve the right to demand up to 100% of the outstanding balance, and to charge at an hourly rate for any work that is required beyond the contact time to complete. The Web Design Company reserve the right to dictate the hourly rate at the time such a clause is called in to effect.
Law: These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England.
Severability: In the event any one or more of the provisions of this Agreement and/or Order Form shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order Form shall be unimpaired and the Agreement and/or Order Form shall not be void for this reason alone. In the event that the Client breaks the terms of agreement, The Web Design Company reserve the right to terminate the agreement and will still be owed up to 100% of the outstanding balance by the client.
Acceptance of Conditions: The placing of an order will confirm acceptance of the aforementioned conditions.