These terms & conditions are provided for clarification and for my protection. If you object to any clause, please contact me to negotiate a solution.
- “Client” means the buyer of services from the Developer and (where applicable) any representatives or agents of or parties associated to such buyer of services.
- "Completion" means the point at which a project is technically and operationally ready to perform the functions specified in the Contract.
- “Contract” means the agreement between the Parties defining the scope of the services to be provided by the Developer, their price and conditions of payment.
- “Deposit” means ten per cent (10%) of the total price specified in the Contract with a minimum of seventy-five pounds (£75.00) or such other amount as the Developer may specify from time to time.
- “Developer” means Well Woven Websites.
- “Developer’s Website” means the Well Woven Websites website, www.wellwovenwebsites.co.uk, and all content in any of its pages.
- "Free Hosting" means the set-up of hosting of the Project with a third-party hosting provider which has been prepaid by the Developer for the period specified in the offer which the Developer may at its sole discretion make to the Client from the date the Project goes live.
- “Hourly Rate” means twenty-five pounds (£25.00) or such other amount as the Developer may specify from time to time.
- “Party” means either the Developer or the Client, according to context, and “Parties” to the Developer and the Client together.
- “Project” means the website to be developed by the Developer for the Client as specified in the Contract.
- “Supplemental Contract” means any form of agreement between the parties in which the scope of work recorded in the Contract is expanded.
Terms of Business
- Price quotations are valid for one month from date of issue.
- Before the Developer carries out any work the Client must pay the Deposit. The Deposit is non-refundable, except if the Developer fails to complete the Project for reasons within his control.
- Payment of the Deposit by the Client implies acceptance of the terms of the Contract and the Client acknowledges that by accepting the Deposit the Developer is obliged to carry out only the scope of work defined in the Contract.
- If after the Developer has begun work on the Project the Client requests changes to the agreed scope of work which by their nature have to be executed in order to complete the Project, additional fees may be required and the timescale for completion of the Project may be extended. If such changes are of a nature that allows for execution after Completion, they will be the object of a Supplemental Contract.
- Any additional work required by the Client will be subject to a Supplemental Contract and will involve additional payment including if applicable an additional deposit.
- The Developer will notify the Client of the Completion of the Project, whereupon the balance for the work becomes payable within 10 days and the Project shall be made live upon the Client's instructions. The balance of the work is payable whether or not the Client instructs the Developer to make the Project live.
- No work derived from a Supplemental Contract will commence until the balance for the work undertaken in fulfilling the Contract is received.
- The Client will indemnify the Developer against any expenses incurred by the Developer in achieving Completion to the Client's specifications, including but not limited to the use of commercial images and fonts in the Project and the Developer's travel expenses (if any).
- Any time the Developer spends in attending meetings with the Client will be charged at the Hourly Rate and will include the time spent going from and returning to the Developer's offices.
- If the Developer resolves to offer Free Hosting to the Client then after the Free Hosting period expires, responsibility for all and any arrangements relating to maintenance and payment of any further hosting will pass automatically and entirely to the Client from the date of expiry of the Free Hosting thereafter. For the avoidance of doubt, the Developer is under no obligation at any time to give notice to the Client in relation to the expiry of the Free Hosting. Although prepaid, the hosting contract is between the Client and the third party hosting provider and the Developer cannot be held responsible nor liable for any issues relating to the failure of the third party to provide the agreed services.
- The Client is responsible for the purchase and renewal of the Project’s domain name(s). Where the Developer has agreed to purchase a domain name on behalf of the client, the Developer shall not be responsible for the loss of such domain name if the Client fails to pay timely for its renewal.
- The Developer may, at its discretion, offer free maintenance and support commencing from the day of Completion. Once such offer has expired, the Client may purchase maintenance and support from the Developer as and when needed, at a price to be quoted by the Developer. The Client is under no obligation to purchase further support or maintenance from the Developer.
- The Client hereby acknowledges that the Developer shall not, under any circumstances, be liable for any consequences arising from any activity whatsoever of maintenance or support of the Project, at any time, by any party other than the Developer (a “Non-Developer Intervention”). For the avoidance of doubt, the Developer is not obliged to intervene to repair, amend or correct any problems or malfunction consequent to a Non-Developer Intervention. If the Developer agrees to intervene after a Non-Developer Intervention, it shall be subject to fees to be agreed, regardless of any maintenance and support arrangements that may be in place at the time.
- The Developer shall employ reasonable efforts to attempt to match any graphic design it is given for the Project as closely as technically possible when building the Project code. Nevertheless, the Client acknowledges that any page built from a graphic design may not match such graphic design precisely because of differences in the rendering of code by different internet browser software.
- The Developer shall employ reasonable efforts to ensure the Project can be viewed by the majority of visitors. Projects are designed to work with the latest releases of the main browsers in use at the time of the development of the Project. Tests are carried out with older browsers to ensure as much compatibility as possible, but the Developer cannot guarantee correct functionality with all browser software across all operating systems.
- The Developer endeavours to create pages that can be crawled efficiently by search engine spiders and will ensure that the major search engines in use at the time of the development of the Project are aware of the existence of the website. However, the Developer gives no guarantee that the site will continue to be listed with such search engines; the Client is responsible for ensuring that the Project has back-links to other known websites on the internet in order to remain part of the World Wide Web.
- Whilst the Developer shall endeavour to ensure the Project is built to the requirements specified by the Client, the Developer makes no warranties with regard to the Project and its contents concerning the fitness of services offered for a particular purpose. The Developer cannot warrant that the contents are current, accurate or complete.
- All pages, images, text and code on the Developer's website are copyrighted material.
- Copyright of the completed web design and any images, pages, code and source files created by the Developer for the Project shall remain with the Developer unless agreed otherwise by the Parties in writing provided that any content introduced to the site by the Client remains copyrighted to the Client.
- The Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and the Developer. Any transfer of copyright from the Developer may be subject to an agreed fee.
- The Client agrees that the Developer may include development credits and links within any code the Developer designs, builds or amends, and that these links may be visible on the final design.
- The Client agrees that the Developer reserves the right to include any work in its portfolio.
- The Client agrees to use all services and facilities provided by the Developer at their own risk. The Client agrees to defend, indemnify, and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims against the Developer or any of its associates that may arise directly or indirectly from any services provided.
- The Client also agrees to defend, indemnify and hold harmless the Developer 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 are harmful to any person, business, company or organisation.