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WWS Webservices Website Design Terms and Conditions
“WWS Webservices” web site development.
Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.
The following terms apply to all websites designed and/or produced by “WWS Webservices”.
Definitions
In this agreement the terms have the following meanings:
(a) “The Client” or “The Customer” means any person, company, partnership, organisation or body at whose application, “WWS Webservices” agrees to provide the products and/or services under the terms of the agreement.
(b) “The Agreement” means the contract between “WWS Webservices” and the Client to which these conditions will apply.
c) “The Order Form” means 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 order form/agreement
(e) “Completion of site” means the day the site is uploaded to a web site on the server specified by the client or on web space provided by “WWS Webservices”
(f) "Deliverables" are the outputs of services to be supplied under the agreement and shall include but are not limited to, all software and written material, including programs, discs, listings and other programming documentation.
Scope
This agreement shall apply to all goods and/or services ordered by the client from “WWS Webservices”
Payment
Hosting and Domain Name Fees are payable in advance before site design is commenced and are non-refundable. An additional payment of 25% of the quoted fee may also be requested prior to commencement of the provision of goods or services, which will be invoiced on receipt of a signed order from the client and is payable on receipt of the invoice, unless otherwise agreed, in which case payment is due upon completion of Website or work requested. Whilst any payment due under the agreement remains outstanding, “WWS Webservices” 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.
Copyright
“WWS Webservices” warrants that it will not knowingly infringe the rights or intellectual property of a third party. The Client accepts full responsibility for the material contained within their website and that no liability will be incurred by “WWS Webservices” should any infringement of copyright occur within material provided by the Client which is subsequently displayed on the website.
Any web page; design or entire site designed by “WWS Webservices” carries a copyright, 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/client must indemnify “WWS Webservices” in respect of all actions; proceedings; costs demands and claims arising from any such breach.
Precautions: Advertisements must comply with the Business Advertisements (Disclosure) Order 1997 and the Trade Descriptions Act 1968.
Copyright and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to “WWS Webservices” for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend “WWS Webservices” employees and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Web Design Project Copyright
“WWS Webservices” owns copyright to the finished web design site produced by “WWS Webservices”. The client will be assigned rights to the web design project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files and computer programs are specifically not transferred to the client, and remain the property of their respective owners. “WWS Webservices” and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios
Web pages produced by “WWS Webservices” will become the property of the Client they are produced for upon receipt of the full payment. All ASP, Javascript, Actionscript or other scripting will remain the property of “WWS Webservices” and may not be used by the Client, or anyone else, for purposes other then the website that the client has commissioned.
Should WWS Webservices cease trading the design rights may be firstly reassigned to another business or company providing equal or better services to the client or secondly direct to the client subject to agreements which may be determined before transfer.
General
The client agrees that “WWS Webservices” can place a discreet link to “WWS Webservices” on any website that it designs or creates.
Costs / Estimates
Estimates are given in good faith and are based on the information provided by the client. “WWS Webservices” reserves the right to alter estimates at any time should the client change or add to the scope of the work that has been quoted for. “WWS Webservices” will always inform the client of changes in projected costs at the earliest opportunity. All errors and omissions shall be excepted. Initial estimates are valid for 30 days.
Any dates quoted for completion of the Work by the Contractor are approximate only and “WWS Webservices” shall not be liable for any delay howsoever caused.
All payments shall be made to “WWS Webservices” within 30 days of the Invoice date. “WWS Webservices” reserves the right to invoice the client for costs incurred by “WWS Webservices” on behalf of the client at anytime during the production cycle.
Late Payment
In accordance with the LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998, any invoice which has not been paid within 30 days of its submission may be subject to a late payment Statutory interest charge as defined in the Act. This is presently an Annual Percentage Rate (
Cancellation / Termination:
In the event of cancellation, the client shall be liable for all costs incurred by “WWS Webservices” up to the date of cancellation. All material produced by “WWS Webservices” will be delivered to the client in its current state upon receipt of payment. No guarantee to the quality or functionality of this material is given or should be inferred.
Liability
“WWS Webservices” shall not be liable for any indirect special incidental or consequential loss including loss of sales/profit or production, opportunity, damage to goodwill/reputation.
“WWS Webservices” 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 or hosting thereof; All and any liability for loss or damage to clients artwork/photos, supplied for the site. Immaterial as to whether the loss or damage results from negligence or otherwise.
The Client agrees that “WWS Webservices” will not be liable for any data that fails to be delivered, any mis-delivery, corruption, destruction or other modification to the Client's website.
Project Delivery
On completion of work, the Deliverables shall be uploaded to an agreed temporary location (usually a sub-domain of the Vendor's server) for approval. Upon written approval by the Client, the Deliverables shall be uploaded to the Client's server space.
Where the client’s site is being hosted by a third party, the Vendor reserves the right to delay provision of the Deliverables until full payment has been received.
Where the website is to be hosted by WWS Webservices, the web site design project will be published to the client's hosting service upon receipt of the second payment or delivered via diskette upon receipt of full payment. The client understands that “WWS Webservices” does not provide any hosting services in connection with this web design project. Hosting services require a separate contract with the “WWS Webservices”. The client agrees to select a hosting service which allows “WWS Webservices” full access to the client's account via FTP. The client will be solely responsible for Domain Name, Mail & Hosting and any service charges applicable.
Web Site Maintenance
This agreement allows for minor web site maintenance per month, up to an average of one half hour per standard paged only, type web site for the first year, including updating lines and making minor changes to a sentence or paragraph. It does not include updating replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, and attempted updates by client repairs or web design projects delivered to the client via diskette.
The period of 1 month begins on the date the client’s web design site has been published to client's hosting service or 30 days from the date of order which ever comes first.
If the client's web design package includes database access using Active Server Pages (ASP), then very minor page code changes will be accepted under this maintenance plan, major page code and/or database structural changes will be charged at current hourly rates subject to a separate written order from the client.
Website maintenance is only available to clients who use “WWS Webservices” hosting services.
Annual Maintenance packages are subject to separate agreements.
Electronic Commerce Laws:
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend “WWS Webservices” and its employees and subcontractors from any claim, suit, penalty, lax or tariff arising from the client's exercise of internet electronic commerce.
Legal Notice
“WWS Webservices” does not warrant that the functions contained in the web design project or hosting will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will “WWS Webservices” be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor's computer or Internet software, even if “WWS Webservices” has been advised of the possibility of such damages.
Privacy
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (In accordance with the Data Protection Act 1998).
o We may collect information about you for 2 reasons; firstly, to process your order and second, to provide you with the best possible service.
o We will give you the chance to refuse any marketing email from us or from another associated trader in the future.
o The type of information we may collect about you includes:
• your name
• address
• phone number
• email address
• credit/debit card details
o We will never collect sensitive information about you without your explicit consent.
o The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.
o If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
o We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
o If you have any questions/comments about privacy, you should email us.
Acceptance of Conditions
The placing of an order will confirm acceptance of the aforementioned conditions. Conditions stipulated on Order Forms shall be regarded as void, if they are in conflict with our conditions. “WWS Webservices” reserves the right upon notice to the Client to introduce and revise its terms and conditions and/or charges.
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. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
OtherServices
Any other Services which may be offered from time to time may be subject to separate terms and conditions which will be made available at the time by request. These terms and conditions are in intrinsic part of any proposal made by WWS Webservices and as such by accepting any proposal made by us you also accept these terms and conditions.
Law
These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of
Please note:
By signing up for any of our services you agree to be bound by all WWS Webservices terms and conditions.
