FULL TERMS AND CONDITIONS
updated 13 April 2010Please read this document carefully.
These terms and conditions cover:
• The following terms and conditions are between you ‘the customer’ and me, the website ‘developer’.
• The term ‘developer’ refers to Joanna Craig - Web Design.
• These terms cover both direct Joanna Craig customers and any third party customers serviced through another source.
• The term ‘hosting facilitator’ and or ‘host’ refers to Pearson Treehouse Ltd
• The developer reserves the right to revise its policies at any time. The most up to date policy will always be visible here. The developer reserves the right, at its absolute discretion, to make changes to any part of the Website or these Terms. When these Terms are amended the developer will publish details of the amendments on the Website. Your continued use of the Website is taken as your agreement to be bound by these Terms as amended.
Quotations
Any work requested will be quoted for and details provided to you in a written document. A request for any new work will cover the work requested only. Any additional work requested that is beyond the scope of the original quote will be additionally chargeable at £25.00 per hour. Upon completion and acceptance by you, the websites/products will be considered defect free and complete.
Consultation
The quote includes one face to face consultation at the start of the project and ongoing phone / e-mail consultancy. Additional time spent on onsite visits will be charged at standard £25.00 p/h consultancy time + £15.00 per hour travelling time.
Design element
You will be provided with a minimum of one design proposal (see contract for details) in jpg or pdf format, before the actual construction of the website commences. This is to demonstrate the style and layout of your website in advance. Once you have approved the overall design then the website will start to be built. It will not be possible to go back and amend the design from this point onwards without incurring additional costs.
Cancellation
Cancellation for any work on websites/products must be received in writing, at which point payment for all work completed up to that time will be immediately billable.
Website and product content
- Any supplied websites/products are not for sale, lease or hire to any third party except with written permission of the developer.
- The developer will accept no liability for damage, loss or injury arising through use, non-use or misuse of any websites/product or service.
- It is the responsibility of the customer to address any copyright issues on all images and text supplied by them to the website developers for the production of websites/products. The developer does not accept liability for any breach of copyright as a result of images and text supplied by customer or sourced for customer.
- All proprietary designs and copyrights remain the intellectual property of the developer. The customer is provided the exclusive rights to use any websites/products provided.
- The backup of all website content, including but not limited to the following – web pages, images, files, databases – is the responsibility of the customer. The developer will provide FTP access and database backup functionality from within individual website products where available.
-The developer shall after having completed the testing and correction procedure in relation to the web development and design work, obtain from you a written acknowledgement of acceptance and thereafter the Services shall be deemed complete and defect free. For the avoidance of doubt, if you do not provide the developer with a written acknowledgement of acceptance within 14 days from the date in which the Company has delivered the Services to you, you shall be deemed to have acknowledged acceptance of the Services as if you had notified the Company in writing. Any changes, amendments, updates and/or editing required from this point on will be considered to be additional, chargeable services.
Third Party Software
You acknowledge that Third Party Software is supplied to you in accordance with the Third Party’s Standard Licence terms and you agree to be bound by such terms.
Payment Terms
Payments terms, unless stated in individual quotes are 7 days from date of invoice. Late payment on any web related products may result in a temporary suspension of full web hosting / mail services until settlement of account. You will be billed once the developer has completed the website build and even if the customer has yet to provide the website content.
Customer Privacy
The developer will respect the privacy of customer data and operations at all times, both during and after completion of the project.
Product Ownership
All goods and services including the website/product will remain the property of the developer until full and complete payment has been received on all outstanding balances.
Website Link
All websites will have a small link to Joanna Craig Web Design website at the base of each page. As part of our Services when acting on your behalf in relation to web development and design we may include links to other active websites designed by the developer. The developer accepts no responsibility or liability arising in respect of any content of such website link. In addition, the developer and host are not responsible for any form of transmission received from any linked site. The inclusion of any link does not imply endorsement by the Website. In the event that you wish not to be linked to a particular site it is your responsibility to notify the developer in writing
Search Engine Optimisation
Every attempt will be made by the developer to achieve the highest possible ranking in search engines with the information as supplied to us at the time of the site going live. However we cannot ultimately be held responsible for this as it is often dependent on a combination of elements, which we do not have complete control over, e.g. links to your website from other websites. We will offer guidance on these and work with you to achieve the best results.
Newsletter
By signing these terms and conditions you are giving permission to us to send you information about special offers and news from time to time by email. We will not give your details out to third party organizations and you may unsubscribe from this at any time. Summary
The customer agrees that it shall defend, indemnify, save and hold the developer, harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against the developer, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless The developer against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with the developer; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from the developer's server.
Disclaimer
The developer will not be responsible for any damages your business may suffer. The developer makes no warranties of any kind, expressed or implied for services we provide. The developer does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, The developer cannot guarantee to be able to replace lost data. The developer disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the developer, and its employees. The developer reserves the right to revise its policies at any time.
Jurisdiction
These Terms shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts.
