Web Design Terms and Conditions
- Website Design Terms And Conditions
- 1. Definitions
“SB” means SpikeyByte of 50 Rossendale Road, Burnley, Lancashire, BB11 3BJ
“Customer” means any person, company, partnership, organisation or body at whose application, SB agrees to provide the Services under the terms of the agreement.
“Agreement” means the contract between SB and the Customer to which these conditions will apply.
“Services” means the design of a Website in accordance with the Customer’s specification
“Order” means confirmation by the Customer of its acceptance of the quotation given by SB
- 2. The Contract between you and SB
2.1 You are invited to buy the Services from SB. If you wish SB to provide the Services to you , you will need to confirm your Order whether verbally or in writing following receipt of SB’s quotation for the design of the website in accordance with your specification. The Services will be subject to these Terms and Conditions.
2.2 The Order must be accompanied by a deposit of 50% of the Price.
2.3 A binding contract will only arise when SB has received your signed Order and deposit from you. You should only confirm your Order to SB if these Terms and Conditions are acceptable to you without modification.
- 3. The Price of our Services
3.1 Our charges for any Services ordered by you will be based upon the quotation submitted to you prior to the placing of your Order.
- 4. The Services
4.1 SB will design and build a website for the Customer based around images and text provided by the Customer.
4.2 The website design service described is subject to change without prior notice. We suggest you come back to this site and view our guidelines to further aid your decisions.
4.3 For additional payment based upon the quotation further HTML pages will be added to the website.
4.4 Alternatively if in the Order the Customer so specifies a website may be designed and built using SB’s Content Management System (CMS).
4.5 A single page of the website will be designed and submitted to the Customer for approval of the overall design of the website. Once the Customer has approved the design of this page, any alteration will result in an additional charge being made in accordance with the quotation.
- 5. Performance of the Services
5.1 SB will use its best endeavours to complete all Services within any agreed timescale or within a reasonable period.
5.2 The design and building of the website will commence upon the receipt of the deposit and the provision of the images and text by the Customer and will be completed when the Customer gives written notice to SB of approval of the website.
5.3 Time shall not be of the essence.
5.4 On completion of the Service, the website will be uploaded to a temporary URL for approval by the Customer.
5.5 SB reserves the right to delay uploading of the approved website to its hosting server or supply of the website files to the Customer for use on any hosting server other than that provided by SB until full payment has been received.
5.6 Once the website is approved by the Customer, SB is not responsible for any errors or downtime caused as a result of changes made to the website by the Customer or by any third parties on behalf of the Customer.
5.7 Any web site designed by SB and built using SB's Content Management System (CMS) is designed to fully function with SB's hosting service. SB recommends that the Customer's domain name is transferred to SB's hosting service but, should the Customer host their domain name elsewhere, SB will provide the required files to the Customer; SB is not responsible for uploading or implementation of the CMS on any hosting service other than that provided by SB.
- 6. Payment
6.1 Upon acceptance of the Customer’s Order by SB the full cost of the selected Service shall be due and payable.
6.2 A minimum deposit of 50% of the Price will be made with the Order.
6.3 The balance of the Price including any additional fees for Services provided shall be paid upon completion of the Services. The website will not be transferred to the permanent server until payment in full has been received.
6.4 SB will accept written notice of termination of the Agreement but will not be required to make any refund to the Customer or give credit for any uncompleted element of the Services.
6.5 Any unpaid balance of the Price as at the date of termination shall be immediately due and payable and SB shall be entitled to recover payment upon demand.
6.6 SB accepts single payments by cheque (payable to “Mr S M Ellerton”), Visa, MasterCard, American Express, Delta or Switch (although we reserve the right to decline payment in any of these forms without notice to you). Without limitation, SB does not accept payment by Diners Club, Electron or Solo. SB reserves the right to withdraw any payment methods at any time and to vary its prices without notice to you.
- 7. Intellectual Property Rights
7.1 All intellectual property rights in the website, its functionality, and any design work, documents or drawings are vested in and at all times remain the property of SB.
7.2 The Customer acknowledges that SB may and is by the Agreement licensed to use any information provided by the Customer to enable SB to produce the website.
- 8. Your Obligations to Us
8.1 The Customer will promptly provide to SB (free of charge) any information that SB may reasonably require to enable SB to proceed with its obligations under the Agreement.
8.2 The Customer shall be responsible for ensuring that all material provided to SB is accurate and is either owned by the Customer or that the Customer has permission of the owner for the material to be used in relation to the provision of the Services.
8.3 The Customer acknowledges that it will indemnify SB in respect of any losses, costs or claims incurred by SB as a result of any breach by the Customer of this obligation.
8.4 The Customer shall promptly pay to SB all payments due under the Agreement.
8.5 The customer will provide SB with the content or material needed to complete work within 10 days after initial preview of site or 30 days from the signed order form. Which ever is sooner.
- 9. Our Liability to You
9.1 SB’s obligation is limited to the provision of the Services.
9.2 Whilst SB believes that the website will benefit the Customer SB gives no express or implied warranty as to the effectiveness of the website as a mode of benefiting the Customer.
9.3 SB accepts liability to the Customer for any direct loss that the Customer suffers due to a breach by SB of its duty to exercise reasonable skill and care in the provision of the Services. SB accepts no liability to the Customer for any direct loss that it suffers because the Customer is injured or dies as a result of SB’s negligence.
9.4 The Customer acknowledges and accepts that SB will have no further liability to the Customer whether in contract, tort, breach of statutory duty or otherwise.
9.5 The Customer acknowledges and accepts that SB makes no warranty and has given no representations of any kind beyond those contained above. - 10. Termination
SB shall have the right to terminate the Agreement if:
10.1 the Customer shall be in breach of its obligations to SB pursuant to paragraph 8.
10.2 the Customer shall fail to approve the website without reasonable cause within a reasonable period. - 11. Governing Law and Jurisdiction
11.1 The Agreement shall be given by and interpreted in accordance with English Law.
11.2 SB and the Customer acknowledge that the Courts of England shall have exclusive jurisdiction to settle any dispute which may arise in connection with the Agreement.
- 12. SB Design Credit on Website
12.1 A link to spikeybyte.com will appear in small type & graphical format at the bottom of the first page on the website.
12.2 The link will not cause users to leave the Client website, rather, it will open a new browser window to the SpikeyByte website or email address, at SpikeyByte’s discretion.
12.3 The link will typically state, "Development – Hosting – Online Marketing". Dependent upon the services that you the customer have requested from SpikeyByte. This link may not be modified at any time without express written consent of SpikeyByte during the existence of the website for public viewing.
12.4 Additionally, design credits to SpikeyByte will also be in the HTML code of each page, hidden from normal view, and may not be modified at any time without express written consent of SpikeyByte during the existence of the website for public viewing.