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Terms & Conditions
1. Web Site - Procurement Process
The following list describes the typical web site procurement process with Webremixers Web Design. The responsibilities of both the Client and Webremixers Web Design during this process are outlined. The client should ensure that these are fully understood.
- 1.1 Initial Client Enquiry: The client (or you) contacts Webremixers Web Design (hereinafter WebRemixers or we) with their website requirement information.
- 1.2 Agree Requirements: An onsite meeting, (preferred for first meeting - wherever practicable), is held with the client to agree the site specification and requirements, specifically, which Package and Features are appropriate.
Next-day onsite meetings can be scheduled at our premises.
- 1.3 Quotation Provided: WebRemixers provides an estimate of the costs for the design and creation of the web site and the time it will take to complete. All quotations are valid for 30 days, unless otherwise stated or 3rd party services, over which we have no control, are altered.
- 1.4 Approval for Work to Commence: The client accepts the estimate, approves the work, completes the (contractually binding) Order Form and is invoiced for 50% of the agreed costs, except Web Presence where the total sum must be paid for at the time of order.
- 1.5 Client Provides Material and Content: The client must provide, by electronic means unless appropriate Extras chosen, all agreed written material, information and images before work commences.
Important: WE, and by implication YOU, may be held legally liable for images on your website that are not
copyright-free, in other words: take your own pictures for your own website.
- 1.6 Work Commences: Upon receipt of cleared payment of the initial invoice WebRemixers will commence work on the project and upload the developing site to a temporary space on the Internet.
This will allow the client to view and approve the on-going work and to provide feedback.
- 1.7 2nd Invoice [This applies only to particularly large and/or complex sites - £10000+]: Client will be invoiced for 33% of the agreed costs after 14 days; payment must be received by WebRemixers within seven days to prevent disruption and delay to site completion.
- 1.8 Delivery: When the client agrees that the site meets the requirements an invoice for the final amount will be issued.
Upon settlement of this invoice the site will be released for upload to the client’s server or permanent web space. A digital copy of the website may be provided, for which an administration charge of £10 will be payable.
- 1.9 Follow-up Support: For a period of up to 30 days after initial upload of completed site, WebRemixers will update, amend, replace any existing text or images with new ones supplied by the client; technical support will also be available for the same period of time, concurrently, without charge. Where training is included this will be scheduled by mutual agreement.
- 1.10 On-going Maintenance: Any subsequent maintenance or search engine promotion/optimisation activity can then be agreed as required.
2. Web Site - General Terms and Conditions
- 2.1 Contract: The client’s completion of an Order Form or approval for work to commence shall be deemed a contractual agreement between the client and WebRemixers.
Important: Approval for the work to commence and payment of the initial invoice
indicates that the client accepts these terms and conditions.
- 2.2 Copyright: WebRemixers will hold intellectual copyright of any material created for the client until payment of the final invoice, at this time it will become the property of the client.
WebRemixers and/or its subcontractors owns the copyright of any scripts, applications or software written by Webremixers.
Only with permission can these be reproduced or resold.
WebRemixers and/or its subcontractors reserves the copyright rights of all website designs created.
- 2.3 Domain name and Hosting: WebRemixers arrange Domain and Hosting for the client's website using third party organisations. This is to ensure that the client receives the best possible package at a reasonable cost, (see Hosting). WebRemixers recommend that clients register their own domain names so that they have full ownership. Where a Hosting Package has been taken out and WebRemixers retains the sole right of Control Panel login then we will undertake support and provide backup facilities for any problems that may arise and will liaise with the Techical Services section of the hosting provider.
However, where a website's Control Panel login details have been passed over to the client WebRemixers will cease all support and the client will be responsible
for all support relating to the website's hosting and its renewal.
WebRemixers bear no responsibility and can offer no support for third-party hosting arrangements made by the client.
- 2.4 Search Engine Promotion: WebRemixers are not responsible for the client’s on-going web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.
- 2.5 Cancellation: Once work has commenced, which is only taken up once WebRemixers receives the client's initial payment for web services, no refunds will be given for monies paid. In the event of a cancellation before a website has been completed, the final charge only will be waived. Partially completed work will not be supplied.
- 2.6 IMPORTANT! Failure to Provide Required Website Content within reasonable time period:
We are a small business. To remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where we cannot progress your website and are delayed as result, for a period of two weeks, because you have not provided the required information when you have agreed to do so, we reserve the right to impose a surcharge of up to 25% of the total order and your website may be substantially delayed, (currently 6 months), due to our committments.
If you agree to provide us with the required information and subsequently fail to do so within four weeks of project commence-ment we reserve the right to close the project and any fees paid will be forfeited.
Simply put, all the above condition says is do not give us the go ahead to start if you are not ready to do so.
- 2.7 Travel Time and Expenses: Travelling time to and from customer premises is not generally included in our estimate. WebRemixers reserve the right to make a charge for travelling time at our normal consultancy rates. Likewise WebRemixers reserve the right to charge for travelling expenses based on 50p per mile. (NOTE: There will be no charges for travelling time or expenses incurred before you give your approval for work to commence).
- 2.8Quotations: The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated.
- 2.9Additional features: Extra features to websites, including extra database services, specific hosting requirements, animations, particular options/modules/extras, etc. that are not included in the quotation are subject to surcharge. In the event a feature is required which has not been included in the quotation WebRemixers will give notice prior to implementation and seek acceptance of the surcharge. The cost will be added to the final invoice unless the amount exceeds £300, in this case an interim 50% invoice shall be issued with payment due within 14 days, and the remaining 50% will be added to the final invoice.
- 2.10 Website Restrictions: All completed websites become the property of the client, subject to all accounts being paid, with the following restrictions on use:
1) Only one instance of a website can be made available on the World Wide Web or any Intranets / Extranets unless a licensing agreement has been reached;
2) Database Connection strings will not be divulged to the client due to security risks. (These strings would in any event need amending if the site was to be moved to an alternative host or server);
3) No portion of the coding can be copied, duplicated or re-distributed in any form electronic or otherwise unless a licensing agreement has been reached;
Please note that upon request web site files can be provided via electronic mail or on CD media (surcharge of £ 20).
- 2.11 Compatability: All websites are built to be compatible with Internet Explorer 6.0 and above, websites are also compatible with Opera and Mozilla (including Firefox v.2.0 and above), however advanced features may not be supported.
All websites are built for optimal viewing in 800 x 600 resolution.
- 2.12 Advance Payment: An advance of 50% of the total invoice of the project is required before work can commence, except Web Presence where 100% of the total must be paid for at the time of order.
After work commences this is non-refundable.
- 2.13 Payment terms: Payment is currently accepted by cheque or bankers draft in UK Pounds Sterling, unless otherwise agreed. Cheques payable to "Webremixers" and sent to: "c/o CMD, 220 Farmers Road, London SE5 0TW".
If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.
- 2.14 BACS Payments: Direct bank payment transfer from your account to ours.
This is our preferred method of payment - please ask for our details.
- 2.15 Payment: Payment of any balance will be due within 14 days of final invoice date. Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of £50 will be required to have the site restored. Please note that WebRemixers prices do not cover the release of source, png, fla or psd files. The customer must obtain a separate quote for such items.
- 2.16 Late Payment: Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 5% above the [Bank of England] base rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.
- 2.17Future Support: The website is provided to and accepted by the client as a fully functioning, completed work. WebRemixers is not responsible for future support. This can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing Maintenance support package is negotiated.
- 2.18Future Site Problems: Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website, and WebRemixers will endeavour to protect it from this as much as we can during its creation and included support period, but, excepting where Hosting has been paid for, we cannot be held responsible for problems that develop on sites after we have handed them over to the client.
- 2.19Disclaimer: WebRemixers makes no warranties of any kind, express or implied, for any and all products and/or services that are supplied. WebRemixers will not be held responsible for any damages resulting from products and/or services it supplies, howsoever caused. The client agrees not to hold WebRemixers responsible for any such loss or damage. Any claim agains WebRemixers shall be limited to the relevant fee(s) paid by the customer.
3. All Other Services - General Terms and Conditions
- 3.1 Coverage: Other Services cover: Graphic Design & Printing; Software Removal / Re-installation; Data Destruction; Computer Security; Office Services. .
- 3.2 General: Except for paragraph 2.12, all paragraphs above apply as required.
- 3.3 Payment: Full payment for all services must be made at the time an Order Form for the required service(s) is completed. For any discretionary balances allowed, the balance outstanding must be paid within 14 days. If payment is not received within 14 days, all work will cease on the respective service(s).
Notes:
WebRemixers reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. WebRemixers will not knowingly perform any actions to contravene these and the customer also agrees to be so bound.
Should WebRemixers waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit WebRemixers to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected.
WebRemixers reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.
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