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Definitions

The following terms and conditions apply to all Website design & development services provided by Clean-Cut Web Design (also referred to in this document as the ‘Designer’) to the Client.

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any use of my services implies that you have read and accepted my terms and conditions.

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Terms & Conditions

Acceptance of Work

Client agrees to provide any needed information and content required by Designer within the agreed time frame, to enable Designer to complete a design or Website work as part of an agreed project.

All instructions from Client to Designer must be made via letter or recognised email address associated with the Client.

Textual content supplied by the Client should be in the form of a Microsoft Word document and where possible, sectioned in to pages. These pages should have the same titles as the agreed Website pages. Content, pages and page titles (in most cases) are discussed before a project quote is given.

Additional work requested by the Client which could not be specified in the initial agreed quotation is subject to an additional quotation by the Designer on receipt of specification. If the work is needed as part of an existing project then this may the effect timescale and overall delivery time of the project.

If Designer designs, builds or amends a Website for a Client then Client agrees that Designer may include a design or development credit (hyperlink) displayed on the base of the Client’s Website pages.

Client agrees that Designer reserves the right to include any work done for the Client in a portfolio of work.

Charges & Payment

Charges for services to be provided by Clean-Cut Web Design are defined in the project quotation that the Client receives via e-mail. Quotations will remain valid for a period of 30 days. Clean-Cut Web Design reserves the right to alter or decline to provide a quotation after the 30 days have expired.

The Client chooses either to pay the full cost in one payment (qualifying for 10% discount on all project design and development costs) or split the cost into multiple payments. Should the Client decide to split the cost of the project into multiple payments then a suitable payment plan will be agreed upon between Client and Designer before any deposit is paid.

All prices are exempt of VAT.

All invoices must be paid in full within 30 days of the invoice date, except where agreed at Designer's own discretion. Full payment details are clearly displayed on all invoices. In the event that work is postponed at the request of the Client, the Designer shall have the right to bill for work completed through to the date of that request, while reserving all other rights under this Agreement.

All invoices are submitted by email except where required otherwise by regulations or agreed at Designer's discretion.

Monies paid by the Client are payments given as a guarantee that an obligation will be met by the Client.
Should Client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Designer reserves the right to cancel forthwith any projects and invoice Client for any work completed.

Any work is subject to a minimum charge of £30.

Client Review

Clean-Cut Web Design will provide the Client with an opportunity to review the appearance, content and functionality of their Website once the overall Website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Clean-Cut Web Design otherwise within ten (10) days of the date the materials are made available to the Client.

After the project proposal has been agreed by the Client and before project completion, the Client is permitted up to 3 hours of alterations to the content. Changes to the Website layout or overall structure of the Website may (if extensive) accrue addition costs. All alterations are to be requested in writing either by email or postal mail by the Client. Once the 3 hours of alterations time has been expended, Client will be advised of such and sent a separate quotation for any further alterations required. The allocated 3 hours will include time spent in meetings and travelling to and from Client’s premises.

Turnaround Time and Content Control

Clean-Cut Web Design will install and publicly post or supply the Client's Website by the date specified in the project proposal, or at date agreed with Client upon Clean-Cut Web Design receiving initial payment, unless a delay is specifically requested by the Client and agreed by Clean-Cut Web Design. In return, the Client agrees to delegate a single individual as a primary contact to aid Clean-Cut Web Design with progressing the commission in a satisfactory and expedient manner.

Designer endeavours to provide a Website within given delivery timescales to the best of its ability. The Client agrees Designer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale for reasons beyond its control (for example, illness).

Additional Expenses

All Website content (text, images etc) provided by the Client must be sent by the agreed date. Client agrees to reimburse Clean-Cut Web Design for any additional expenses necessary for the completion of the work. Examples would be the purchase of third party components, special fonts, stock photography, copywriting etc. Wherever possible, additional expenses will be discussed before a quotation is given.

On any occasion where progress cannot be made with a Website because required Website content has not been received in the agreed time frame causing delays, Designer reserves the right to impose a surcharge of up to 25% of the full project cost.

Web Browsers

Clean-Cut Web Design makes every effort to ensure Websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer and Google Chrome, etc.) and mobile devices. Client agrees that Clean-Cut Web Design cannot guarantee correct functionality with all browser software across different operating systems and devices.

Clean-Cut Web Design cannot accept responsibility for Web pages which do not display acceptably in new versions of browsers released after the Website have been designed and handed over to the Client. As such, Clean-Cut Web Design reserves the right to quote for any work involved in changing the Website design or Website code for it to work with updated browser software.

Search Engine Optimisation [SEO]

Designer endeavours to create pages that can be crawled by search engine spiders and which rank high with search engines. However, Designer gives no guarantee that the Website will achieve high (first page) position rankings with search engines. This often requires specialist Web marketing and/or SEO services.

Default

In accordance with the Late Payment of Commercial Debts (Regulations) 2013, overdue payments shall be subject to monthly interest charges of 8% over the Bank of England's base rate. Under the same act, compensation will also be collected from the Client to cover late payments/overdue payment collection costs. Interest may also be charged on debts that have been paid by the Client but were received after the 30 day credit period.

Designer reserves the right to decline further design, maintenance and updating work if there are invoices outstanding with the Client.

Designer reserves the right to remove its work from the Internet if scheduled payments are not received.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity

All Clean-Cut Web Design services may be used for lawful purposes only. You agree to indemnify and hold Clean-Cut Web Design harmless from any claims resulting from your misuse of our service that damages you or any other party.

Copyright

The Client retains the copyright to the data, files and logos they provide and grants Clean-Cut Web Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Clean-Cut Web Design permission and rights for use of the same and agrees to indemnify and hold harmless Clean-Cut Web Design from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for Website design and/or placement shall be regarded as a guarantee by the Client to Clean-Cut Web Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Access Requirements

Clean-Cut Web Design must be granted temporary read/write access to the Client's storage directories which must be accessible via the hosting control panel or FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server. All required hosting/FTP login details (for example, usernames and passwords) must be given to the designer before or on the agreed date.

Post-Placement

Clean-Cut Web Design cannot accept responsibility for any problems caused through third party updates to installed components or changes in technologies used by third parties. Such components include, but are not limited to extensions, plug-ins and modules. Such technologies include, but are not limited to browsers, hosting, computer programming or query languages.

Problems caused by malicious software, spyware, viruses and Website hacking are common occurrences. During its creation, every effort is made to ensure a Website is secure; however, once a Website is handed over to the client; the designer cannot be held responsible for problems caused by illegal activity or the malicious actions of others.

Domain Names & Web Hosting

The acquisition of Domain names and Web Hosting is the responsibility of the Client. The loss, cancellation or otherwise of domains or Hosting brought about by non or late payment is not the responsibility of Clean-Cut Web Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the Terms set out by the third party for such services.

Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the Terms set out by the third party for such services.

Yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrade, extra disk space, bandwidth and any other related charges are to be paid by the Client to the third party services.

General

These Terms and Conditions supersede all previous representations, understandings or agreements.

Governing Law

This Agreement shall be governed by English Law.

Liability

Clean-Cut Web Design hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy.
  • Loss or damage caused by omission.
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the Website.
  • Loss or damage to Clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

It is the responsibility of the Client to fully check the content of the Website and to ensure that it functions to their satisfaction either prior to its publication or before final payment is made.

The entire liability of Clean-Cut Web Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Complaints Procedure

Anyone who experiences a problem with the Design services provided by Clean-Cut Web Design should raise the matter immediately and directly, fully and clearly outlining the grounds for complaint.

Clean-Cut Web Design will contact the client with a view to resolving the matter to the satisfaction of the complainant. In most cases, response time will be within seven (7) days of receipt.

Indemnification

Client agrees to use all Designer services and facilities at their own risk and agree to defend, indemnify, save and hold Designer harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney's fees against Designer or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to Website content and choice of domain name.

Client also agrees to defend, indemnify and hold harmless Designer 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 is harmful to any person, business, company or organisation.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement 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.

Designer reserves the right to alter these Service Terms at any time without prior notice, the latest Service Terms can be found at the Designer’s Website at http://www.clean-cut-web-design-kent.co.uk/cms/service-terms.html with a date of last update. Clients directly affected by any Service Terms alterations will be notified by email on the day the changes were made.

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms of this Agreement, and agrees to be legally binding by these Terms.

Last updated: 13 January 2017

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