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WEBDESS
Web Design Studio - TERMS AND CONDITIONS
By placing an order with WEBDESS Web
Design Studio, you confirm that you are in agreement with and bound by the
terms and conditions below. It means The following terms and conditions apply
to all web site design services offered by WEBDESS Web Design Studio . By
ordering services from WEBDESS Web Design Studio you are agreeing to the following terms and
conditions and agreement/contract with WEBDESS (Web Design Studio) is concluded.
1.DEFINITION OF
TERMS
WEBDESS (Web Design Studio) – Primary
designer/site owner & employees or affiliates.
Conclusion
of contract - Placing an order and paying deposit 50% of total price
of web design project/package means
conlusion of website design contract
with WEBDESS (Web Design Studio) .
An agreement contract with WEBDESS (Web Design Studio) is
concluded with the forwarding of
customer order by email or with
the sending of the order confirmation on the part of WEBDESS (Web Design Studio) by mail.
The Client / Customer - : The entity (The company or
individual) requesting the services of WEBDESS Web Design Studio.
Domain Name - the
root address of a website, e.g. www.webaddress.com. All such names
must be registered with the appropriate naming authority, which will usually
charge a fee.
Downtime - time
when the website is not accessible via the Internet. This may be
because of a technical failure of the Host or because work is being carried out
on the site.
Host - the company
on whose system the Website physically resides.
Link, Hyperlink -
a 'clickable' link embedded on a web page which may take the form of a graphic
or text.
Search Engine - a
website which contains a directory of websites on the Internet enabling users
to find websites by subject matter classification.
Website - a
collection of web pages and associated code which forms an integrated presence.
The Work - the
subject matter of the contract between the Client and WEBDESS (Web Design Studio)
2.General
WEBDESS (Web Design Studio) will
carry out work only where an agreement is provided either by email or via web
form on webdess.com. WEBDESS Web Design Studio will carry out work only for
clients who are 18 years of age or above. An 'order' is deemed to be a written
or verbal contract between WEBDESS Web Design Studio and the client, this includes telephone and
email agreements. All details of the order must be submitted in writing via email or via web form on
webdess.com and will be evidence in any cases of dispute
3.RIGHTS AND RESPONSIBILITIES
3.1
Right to Terminate
WEBDESS (Web Design Studio)
reserves the right to refuse or break a contract without prior notice, if it is
believed that the Client, their Website, or any material is illegal, immoral or
otherwise unacceptable. WEBDESS Web
Design Studio reserve the right to refuse to construct a web site which we may
judge as unfit due to content or otherwise. This includes, but is not limited
by, sites containing adult oriented material such as pornography, sites which
promote hatred towards persons belonging to any ethnic group, religion or
sexual orientation and sites which infringe copyright or are contrary to UK
laws
3.2
Events Beyond the Control of WEBDESS (Web Design Studio)
WEBDESS (Web Design Studio) will not be liable for
breach of contract where that breach was due to software, hardware or
electrical failure, natural events such as fire or other events beyond the
control of WEBDESS (Web Design
Studio).
3.3
Supply and Pricing of Services
WEBDESS (Web Design Studio) reserves the right to use
whoever it feels appropriate at the time for third party software and services,
and to alter its prices as necessary without prior notice and without affecting
existing contractual pricing agreements.
4. COMPLETION OF WORK AND PAYMENT
4.1 Completion of Work
WEBDESS (Web Design Studio).warrants
completing the Work in accordance with its Standard Terms and Conditions to the
specifications previously agreed with the Client. All
details of
the order must
be submitted in writing via email or via web form on webdess.com and will be evidence in any cases of dispute
WEBDESS (Web Design Studio). will not charge more than
the amount previously agreed unless the Client has varied the specifications of
the Work since the agreement. WEBDESS
(Web Design Studio) will not undertake changes to the specifications of the
Work which would increase the cost, without prior written authorisation from
the Client.
4.2
Supply of Materials
The Client is to supply all materials and information required for WEBDESS (Web Design Studio) to complete the Work in accordance with the
agreed specification. Such materials may include, but are not
limited to, photographs, written-copy, logos and other printed or scanned
materials. Where the Client's failure to supply such materials leads
to a delay in completion of the work, WEBDESS
(Web Design Studio) has the right to
extend previously agreed deadlines for the completion of the Work by a
reasonable amount. Where the Client's failure to supply materials
prevents progress on the Work for more than 21 days, WEBDESS (Web Design Studio) has the right to invoice the Client for any
part or parts of the Work already completed.
4.3
Approval of Work
On completion of the
Work, the Client will be notified and have the opportunity to review
it. The Client should notify WEBDESS
(Web Design Studio) by email or in
writing, of any unsatisfactory points within 7 days of receipt of such
notification. Any of the Work which has not been reported in writing
to WEBDESS (Web Design Studio) as unsatisfactory within the 7 day review
period will be deemed to have been approved. Once approved, or
deemed approved, work cannot subsequently be rejected, and the contract will be
deemed to have been completed and the 50% balancing payment under Clause 5.1
Fee Payable will become due. The
Contract will remain in effect until all obligations have been completed in
terms of this Clause.
4.4
Rejected Work
If the Client rejects the Work within the 7 day review period, or will
not approve subsequent Work performed by WEBDESS
(Web Design Studio) to remedy any points
reported by the Client as unsatisfactory, and WEBDESS (Web Design Studio) considers
that the Client is unreasonable in his repeated rejection of the Work, the
contract will be deemed to have expired and WEBDESS (Web Design Studio) can
take any legal measures to recover both payment for the completed Work and
reasonable expenses incurred in recovering payment.
4.5
Payment
Upon completion of 7 day review period, WEBDESS (Web Design Studio) will
invoice the Client for the 50% balancing payment in accordance with Clause 5.1
Fee Payable hereof, which, in the absence of agreement to the contrary, is to
be paid by the Client within 21 days of the date that the invoice was issued.
4.6
Remedies for Overdue Payment
If payment has not been received by the due date, WEBDESS (Web Design Studio) has
the right to suspend ongoing work for Client, until such time that full payment
of the outstanding balance has been received. If full payment has
still not been received 21 days after the due date, WEBDESS (Web Design Studio) has
the right to replace, modify or remove the Website and revoke the Client's
licence of the Work until full payment has been received. By
revoking the Client's licence of the Work or removing the web site from the
Internet, WEBDESS (Web Design
Studio) does not remove the Client's
obligation to pay any outstanding monies owing.
5. FEES
5.1 Fee Payable
A non refundable deposit of 50% of the total fee
payable under the contract is due immediately upon conclusion of the contract. The remaining 50% shall become due when the
Work is completed to the reasonable satisfaction of the Client but subject to
the terms of Clause 4.3 Approval of Work and Clause 4.4 Rejected Work hereof. WEBDESS (Web Design Studio) reserves the right not to begin
the Work until the said deposit has been paid in full. The fee quoted in the contract does not
include the cost of domain registration, hosting set up fee or hosting.
5.2 Maintenance Fees
Maintenance, if included in
the contract, shall be on a month to month basis, with a minimum of £50 payable
in any month where updating is necessary.
Fees will be assessed on an hourly basis at £22 per hour or part thereof. No fee will be
required in a month where no updating is necessary. Search engine re-submissions, other than the
original submission included in the contract fee, shall be included in the
maintenance fee.
6.DISCLAIMERS
6.1
Third Parties
WEBDESS (Web Design Studio) can take no responsibility for services
provided by third parties through us or otherwise, including the Hosting of the
Client's Website, although WEBDESS
(Web Design Studio) will endeavour to
ensure that Website downtime is kept to a minimum.
6.2
Maintenance and Correction of Errors
WEBDESS (Web Design Studio) takes no
responsibility for the functionality or maintenance (unless a maintenance
contract is in place) of the Website after the Work has been
completed. Errors (both technical and typographical) attributable toWEBDESS (Web Design Studio) will be
corrected free of charge, but WEBDESS
(Web Design Studio) reserves the right
to charge a reasonable fee for correction of errors for which WEBDESS (Web Design Studio) is not responsible, including, but not limited
to malicious modification of the Website by a third party and typographical
errors contained in materials provided to WEBDESS
(Web Design Studio) by the Client.
3.3
Extent of Work
Installation on the Internet is limited to the uploading of all
necessary files to the Host, and testing of functionality. No
registration of the Website with Search Engines will be undertaken unless
otherwise agreed with the Client.
6.4
Consequential Loss
Under no circumstances will WEBDESS
(Web Design Studio) be responsible or liable
for financial or other loss or damage caused by the failure or use or misuse of
its software. The Client should ensure that data on their site is
regularly backed up and that a contingency plan is in place to minimize
possible losses as a result of software failure.
6.5
Status and Duration of Offers
Proposals and offers are valid for a period of one month from the date
issued. WEBDESS (Web
Design Studio) is not bound to honour offers that have
expired. Offers are not legally binding until an acceptable
timetable for the work has been agreed by both parties. This
timetable must be agreed within the month that the offer is
valid. If an acceptable timetable has not been approved by both
parties within one month of the offer being made, the offer is deemed to have
expired.
Below part ( 7 ) is optional
7. Search Engine Listings
WEBDESS (Web Design Studio) does not guarantee
listings on Search Engines and the Client accepts that it is Search Engines and
not WEBDESS (Web Design Studio) who
determine whom they list and whom they will not. The Client further understands there is no
guaranteed placement or rank on the Search Engines and that a new website may
never even appear on Search Engines at all. WEBDESS (Web Design Studio) does
not control Search Engines’ algorithms and huge shifts can appear daily, weekly
and even hourly.
8. INTELLECTUAL
PROPERTY
8.1
Offers and Proposals
Offers and proposals made by WEBDESS
(Web Design Studio) to potential clients should be treated as trade secrets and
remain the property of WEBDESS (Web
Design Studio). Such offers and proposals or the information
contained within them must not be passed to third parties or publicly
disseminated without prior written authorization from WEBDESS (Web Design Studio). This includes, but is not
limited to, technical features, functionality, aspects of the design and
pricing information.
8.2
Warranty by Client as to Ownership of
Intellectual Property Rights
The Client will obtain all the necessary permissions and authorities in
respect of the use of all copy, graphic images, registered company logos, names
and trademarks or any other material it supplies to WEBDESS (Web Design Studio) for inclusion on the
Website. The conclusion of a contract between WEBDESS (Web Design Studio) and the Client shall be regarded as a
guarantee by the Client to WEBDESS
(Web Design Studio) that all such permissions and authorities have been
obtained and that the inclusion of such material on the Website would not
constitute a criminal offence or civil delict. By agreeing to these
terms and conditions, the Client removes the legal responsibility of WEBDESS (Web Design Studio) and
indemnifies the same from any claims or legal actions however related to the
content of the Client's site.
8.3
Domain Name
Any Domain Name
obtained will belong to the Client. The Client agrees to indemnify WEBDESS (Web Design Studio), including
any incidental costs, against any claims that a Domain Name applied for, or
obtained, violates the intellectual property rights of a third
party. The Client warrants that the domain name sought is not a
trademark of a third party.
8.4
Licensing
Once WEBDESS (Web Design
Studio) has received full payment of all outstanding invoices and the Work has
been approved by the Client in accordance with Clause 4.3 hereof, the Client
will be granted a licence to use the Website and its contents.
8.5
Trade Secrets
Any code that is not freely accessible to third parties and not in the
public domain, and to which WEBDESS
(Web Design Studio) or their suppliers owns the copyright, may not be copied,
published, distributed or passed to any third parties in any form without prior
written consent from WEBDESS (Web
Design Studio). Unless previously agreed otherwise in writing, no
modifications may be made by the Client or any third party to code to which WEBDESS (Web Design Studio) or their
suppliers owns the copyright. WEBDESS
(Web Design Studio) acknowledges the intellectual property rights of the
Client. Information passed in written form to WEBDESS (Web Design Studio), and that the Client has indicated is
confidential or a trade secret, will not be published or made available in any
other way to third parties without the prior written consent of the Client.
9.Hosting and
domain name registration.
WEBDESS (Web Design Studio) is Web Hosting Reseller and Web Hosting
and Domain Registration service is provided by Webdess in association with
LiquidNet Ltd., a company registered in the United Kingdom, registration No.
4654498. Webdess and LiquidNet Ltd. will be referred to as Webdess for the sake
of brevity documents on webdesshost.com
10. INTERPRETATION
10.1
Jurisdiction
This Agreement shall be governed by the laws of Country which shall claim venue and jurisdiction for
any legal action or claim arising from the contract between WEBDESS (Web Design Studio) and the
Client. The said contract is void where prohibited by law.
10.2
Survival of Contract
Where one or more terms of the said 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.
10.3
Change of Terms and Conditions
These terms & conditions may change from time to
time. The Client will be informed of revisions as and when they are
issued.
Standard Terms and Conditions v1 03rd March 2012
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