Web Services Terms & Conditions
Quirky By Design Web Services
1. Standard Terms and Conditions
2. Fees and Deposits
3. Supply of Materials
5. Project Delays and Client Liability
6. Approval of Work
7. Rejected Work
8. Non Payment
9. Warranty by you as to ownership of intellectual property rights
11. Search Engines
12. Consequential loss
16. Additional Expenses
18. Ownership of Domains and Web Hosting
19. Governing Law
20. Cross Browser Compatibility/Responsiveness
In these terms and conditions:-
“We”, “I”, “Our” & “Us” means QuirkyByDesign.co.uk
“You” or “Your” means the person placing an order.
“Goods” means the services or item products you purchased.
“The contract is agreed” – by completing and submitting an electronic order form, you are making an offer to purchase products which, if accepted by us, will result in a binding contract. An acceptance email from us confirms that the contract is formed.
1. STANDARD TERMS AND CONDITIONS
1.1 This is an overview of the standard terms and conditions set out in the Agreement which will be required to be signed by both parties prior to commencement of Website Design and Development and apply to all agreements and all work undertaken by Quirky By Design for its clients.
2. FEES AND DEPOSITS
2.1 One off payment price plan:
A 50% deposit of the total fee payable under my proposal is due immediately upon you instructing me to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. I reserve the right not to commence any work until the deposit has been paid in full.
2.2 The 50% deposit is only refundable if I have not fulfilled my obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of mine, or delay for more than four weeks.
2.3 Payment Over 12 or 24 months Terms:
2.4 A 10% credit fee will be applied to the total proposed cost over the first year. 12% on second year, if you wish pay over 24 months.
2.5 A set up fee is then required plus one monthly payment in advance and due immediately upon you instructing me to proceed with the website design and development work. The remaining term whether 11 months or 23 months, must be paid by/on the due date set by Standing order direct to bank account.
3. SUPPLY OF MATERIALS
3.1 You supply all materials and information required by me to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, images, photographs, videos, links, written copy, logos and other printed material prior to work commencement and all together in one file, zipped or if necessary in sequenced batches. Where there is any delay in supplying these materials to me which leads to a delay in the completion of work, I have the right to extend any previously agreed deadlines by a reasonable amount.
3.2 Where you fail to supply materials, and that prevents the progress of the work, I have the right to invoice you for any part or parts of the work already completed.
4.1 My website development phase is flexible and allows certain variations to the original specification. You will have the opportunity to make 2 small revisions to the design.
4.2 If more are needed or any major deviation from the specification or any additional design alterations you may make beyond the original design specification you will be charged at the rate of £60 per hour.
5. PROJECT DELAYS AND CLIENT LIABILITY
5.1 Any time frames or estimates that I give are contingent upon your full co-operation and complete and final content for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. APPROVAL OF WORK
6.1 On completion of the work you will be notified and have the opportunity to review it. You must notify me in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to me 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% balance of the project price will become due.
7. REJECTED WORK
7.1 If you reject any of my work within the 7-day review period, or not approve subsequent work performed by me to remedy any points recorded as being unsatisfactory, and I, acting reasonably, consider that you have been unreasonable in any rejection of the work, I can elect to treat this agreement as at an end and take measures to recover payment for the completed work.
8. NON PAYMENT
8.1 One off payment price plan.
8.2 Upon completion of the 7-day review period, I will invoice you for the 50% balance of the project. If final payment is not made, your website will not go live, until payment is made. If this payment is not made within four weeks from scheduled “live” time, then 50% deposit will be forfeited and proceedings to recover outstanding amount plus costs will be instigated.
8.3 Payment Over 12 or 24 months Terms & Hosting.
8.4 If payment default occurs on any of the months, it is your responsibility to notify me within one day as to non payment reason. Only upon notification will you have up to 7 days in which to make payment.
8.5 If no notification from you within 2 days, you will be notified that your web site will be suspended, and it will not be made visible until payment is made. There will also be an administration charge of £25 to reinstate your web site if suspension is implemented.
8.6 If no communication within four weeks from first notification, your website will be removed completely from my servers, and the process of collection for monies owed plus costs will be instigated.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
9.1 You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to me to include in your Website or web applications.
9.2 You must indemnify me and hold me harmless from any claims or legal actions related to the content of your website.
10.1 Once you have paid me in full for my work I grant to you a license to use the website and its related software and contents for the life of the website.
11. SEARCH ENGINES
11.2 I do not guarantee any specific position in search engine results for your website. I perform basic search engine optimisation according to current best practice.
12. CONSEQUENTIAL LOSS
12.1 I shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of my agreement, however that delay arises.
13.1 To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services I provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Quirky By Design under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at my option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that I was contracted to perform.
14.1 I reserve the right to subcontract any services that I have agreed to perform for you as I see fit.
15.1 I (and any subcontractors I engage) agree that I will not at any time disclose any of your confidential information to any third party.
16. ADDITIONAL EXPENSES
16.1 You agree to reimburse me for any requested expenses which do not form part of my proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, alternative web hosting or comparable expenses.
17.1 You are responsible for maintaining your own backups with respect to your website and I will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by me.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
18.1 You will supply me with your domain Registrar account login details.
18.2 If you do not have a domain, I do not sell domains, but I can supply information to purchase from a reputable company and/or purchase a domain name on your behalf. In this case your must supply me with payment details such as credit/debit card or bank details including registered address, so that I can purchase them. Financial information is not held by Quirky By Design. Login details at Registrar however and other, such as plugin accounts are held on record.
18.3 Purchasing of domains or transferring an existing domain on your behalf is free. However, if there is a problem due to needing more information or validation of who you are/live etc. I will charge at my hourly rate.
18.4 Web Hosting is included in packages for the first year, there after yearly hosting fee applies, and its supplied by Quirky By Design. If you wish to stay with an existing hosting company there will be no refunds for hosting that is not used.
19. GOVERNING LAW
19.1 The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of England. You and Quirky By Design submit to the non-exclusive jurisdiction of the courts in and of England in relation to any dispute arising under these terms and conditions or in relation to any services I perform for you.
20. CROSS BROWSER COMPATIBILITY/RESPONSIVENESS
20.1 By using current versions of well supported content management systems such as “WordPress”, I endeavour to ensure that the web sites I create are compatible with current modern web browsers such as the most recent versions of Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. If Compatibility and Responsiveness have been limited and requires additional work, you will be charged for that additional work at my hourly rate.
21.1 You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Quirky By Design and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.