Terms & Conditions 

www.websitedesignwestmidlands.net

Terms & Conditions for Web Design

Definitions

'The Client' means the individual person, business, association, partnership or corporate body together with any subsidiary or associated company which places an 'Order' and 'The Supplier' agrees to provide products and/or services to

'The Supplier' is Inceptive Limited trading as 'www.websitedesignwestmidlands.net'.

An 'Order' is a request by the Client to the Supplier to provide products and/or services. It must be accepted by 'The Supplier' and its acceptance is also subject to receipt of the 'deposit' requested by the Supplier payable in pounds Stirling.

'The Agreement' means the contract between 'The Supplier' and 'The Client'. 'The Agreement' shall apply to all goods and/or services ordered by 'The Client' from 'The Supplier'.

General

• 'The Client' will approve a design template. The approved template will be used as the basis for all of the 'The Client' web pages.
• After approving the template design, 'The Client' will provide the necessary digital images [ .gif .png .jpg .tif ] and text in word .doc format for transfer to the said template. Alternatively, 'The Supplier' will acquire stock images and commission an experienced Copywriter to provide website content.
• Each web page must be reviewed and approved by 'The Client' to ensure accuracy and legal compliance.
• Any web page designed by 'The Supplier' is subject to copyright, and must not be reproduced without written consent.
• If 'The Client' terminates the contract before the web pages are posted on the Internet, they will be entitled to a full refund of fees, subject to the deduction of any reasonable out of pocket expenses and non refundable third party charges incurred by 'The Supplier'.
• Unless otherwise agreed, the balance of any fees due from 'The Client' must be paid in pounds Stirling to 'The Supplier' within 7 days after the finished website is posted on the Internet.
• If any payment is overdue, 'The Supplier' shall be entitled to withhold provision of any goods or services it would otherwise be obliged to provide.

Web Hosting

'The Supplier' will provide to 'The Client' web hosting with 3 email address accounts for 12 months from the date the website is posted on the Internet. There will be no charge to 'The Client' for these additional services during the 12 month period. At the end of the 12 months 'The Supplier' will offer to continue providing the web hosting services and email facilities at reasonable fees prevailing at that time.

Liability – disclaimer

'The Supplier' shall not be responsible for any damages 'The Client' may suffer. 'The Supplier' makes no warranties of any kind, expressed or implied for services provided. 'The Supplier' disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of revenue or data resulting from delays, server downtime, and any and all service interruptions caused by Inceptive limited and its employees.

'The Supplier' shall not be responsible for all and any liability for loss or damage as the result of any inaccuracy, omission or error and for all and any liability for loss or damage to material content, artwork and photos supplied by 'The Client'.

'The Client' in placing an 'Order' guarantees that all necessary authority and permissions have been obtained in respect of content, artwork, design and photographs provided by them. This material must comply with current legislation. 'The Client' indemnifies 'The Supplier' in respect of all costs demands and/or claims arising from any such breach.

All materials provided by 'The Client' for website use must comply with current legislation to include:

Advertising Standards

British Code of Advertising Practice

Trade Descriptions Act [pdf]

Miscellaneous

Terminationof 'The Agreement' is by either party giving one month's written notice. This termination does not negate liability or outstanding payment responsibilities.

The placing of an 'Order' will confirm acceptance of these terms and conditions. No variation or alteration of these terms shall be valid unless approved by 'The Supplier' in writing.

These terms and any express terms of contract shall be governed and construed in accordance with the laws of the United Kingdom. Any unenforceable provision shall be replaced by a mutually acceptable and enforceable provision which comes closest to the original intention.

websitedesignwestmidlands.net