ijhwebdevelopment

Terms and conditions

ijhwebdevelopment

DEFINITIONS

The following terms and conditions document is a legal agreement between ijhwebdevelopment, the developer and client for the purposes of web site design or development. These terms and conditions set out the provisions under which the Client may use the services supplied by ijhwebdevelopment.

The developer is a qualified internet web design provider, offering the client graphical design, xhtml, html, css, javascript and other related computer programming languages.

ACCEPTANCE OF WORK

A copy of these terms and conditions must be signed by all new customers at the time of submission of work to ijhwebdevelopment, indicating agreement to and acceptance of these Terms and Conditions. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions, a copy of which is available via our website. www.ijhwebdevelopment.co.uk/terms

Quotations are valid for 14 days from date of issue. A quote will be emailed or posted after initial consultation.

The developer will carry out work only when a £100.00 non-refundable deposit is paid on all new commissions, unless otherwise agreed upon the developer’s discretion.

When the client places an order to purchase a web site or web site updates from the developer, the order represents an offer to the developer to purchase the web site or web site updates which is accepted by the developer only when an invoice is sent to the client and agreed.

No contract for the supply of services exists between client and the developer until the developer sends an invoice to the client for payment. The invoice equals acceptance by the developer (or third party supplier) of clients offer to purchase services from the developer and this acceptance of work is a valid contract between client and developer regardless of whether client receives the invoice.

Any other services on the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records.

The developer is liable to withdraw from contract at any time prior to acceptance.

Any work is subject to a minimum charge of £30, unless otherwise agreed upon the developer’s discretion.

PERMISSION AND COPYRIGHT

All pages, images, text and code on the developer's web site at www.ijhwebdevelopment.co.uk is copyrighted material.

The client and any visitors to the developer's web site at www.ijhwebdevelopment.co.uk may not use any of the pages, images, text or code on the web site for use on the client's or visitors own web site or to create a web site or templates without prior written permission from the developer.

Copyright of the completed web designs, images, pages, code and source files created by the developer for the project shall be with the client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the developer.

These terms of use grant a non-exclusive limited license so that the client can use the design on one web site on one domain name only. The client is not permitted to use a design for more than one website without prior written agreement between the client and the developer.

The client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the client and the developer.

The client hereby agrees that all media and content made available to the developer for use in the project are either owned by the client or used with full permission of the original authors. The client agrees to hold harmless, protect and defend the developer from any claim or suit that may arise as a result of using the supplied media and content.

The client agrees that the developer may include development credits and links within any code the developer designs, builds or amends, this can be in the form of a text link or graphical design in keeping with the web site design, this includes the w3c xhtml, css and wai-aaa web standard logos, upon the developer’s discretion

The client agrees that the developer reserves the right to include any work done for the client in a portfolio of work.

MATERIAL

DOMAIN NAMES AND HOSTING

The developer can at its own discretion, but is not obliged to, offer domain name registration and hosting via a third party service.

The client agrees that registration of a domain name does not provide endorsement of the right to use the name. The client is responsible for ensuring they have due title to the domain name. The developer holds no liability and the client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the client's registration of a domain name.

The domain name is registered in the client's own name, address and contact details. 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 and conditions set out by the third party for such services.

The client agrees to take all legal responsibility for use of third party domain name and hosting services and supplies truthful details to the third party services.

The client agrees that information submitted for registration of Domain names is then available the general public via the nominet whois system. However, clients that are using their web site for non-trading purposes may ask the third party registrar for their contact information not to be included in the nominet whois system.

The client is liable to pay the developer for any domain name registrations and the initial set up of the hosting if it is included as part of an accepted project.

Any support relating to the domain name, hosting and email services are to be made between the client and the third party service.

Any other domain name and hosting services or costs not included by the developer, including, but not limited to, further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrade, extra disk space, bandwidth and any other related or hidden charges are to be paid by the client to the third party services.

The client agrees to pay the domain and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the Client and third party service.

The client agrees that if at any time their contact details including email address change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain and hosting services are not received by the client.

Payment for domain and hosting services are to be made immediately on receipt of invoice from the third party service. Failure to comply with the payment terms may result in the client’s domain name becoming available to another party and/or the web site and email services becoming unavailable.

The client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the Developer requires to upload the web site if required as part of a project.

The developer reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.

The client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the developer from any claim resulting from the Client's publication of material and use of the domain name, hosting and email services.

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

PROJECTS

Additional work requested by the client which is not specified in the agreed quotation is subject to an additional quotation by the developer 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.

All alterations for web sites projects are to be requested in writing either by email or postal mail by the Client. After the specified allowed hours of alterations have been completed, the developer reserves the right to advise the client as such and send a separate quotation to the client and to request payment for any further alterations. The developer reserves the right to request payment be received for further alterations before continuing work.

Upon completion of an agreed design the client is asked to confirm in writing by email or postal mail that the design is signed off as complete and agree that any further design alterations are chargeable.

The client agrees to provide any needed information and content required by the developer in good time to enable the developer to complete a design or web site work as part of an agreed project.

The client agrees that an html page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of html code by internet browser software. The developer agrees to try and match the design as closely as is possible when building the code.

The developer endeavours to create pages that are search engine friendly, however, the developer gives no guarantee that the site will become listed with search engines or of certain search results.

If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then the client agrees that the developer can apply a nearest available alternative solution.

After site completion, a client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If Client or a third party of their choosing edits the web site code and the results are functionality errors or the page displaying incorrectly, then the developer reserves the right to quote for work to repair the web site..

The developer reserves the right to assign subcontractors in whole or as part of a project if needed.

The client agrees that it is their responsibility to have regular backups of their website made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.

All communications between the developer and client shall be by telephone, email, Skype or postal mail, except where agreed at Developer's discretion.

WEB BROWSERS

The developer shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. New layouts are tested with older browsers to ensure as much compatibility as possible. The client agrees that the developer cannot guarantee correct functionality with all browser software across different operating systems.

The client’s agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, the developer reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.

PAYMENT TERMS

Prices are subject to change without notice.

For any work the developer requires a payment to be received in advance for the work being carried out and before handover of files, except where agreed at developer's own discretion.

The client chooses either to pay the full cost in one payment or split the cost into 2 payments to be agreed with the developer. Should the cost be split into 2 payments then the first half of the payment is to be received before work commences and the second payment to be received when requested by developer half-way through the project before commencement of further work.

Once the final payment has been received and the work finished, the files will be handed over to the client.

All prices are exempt of VAT.

Once an invoice is sent to the client it must either be paid either by bank transfer, cheque and sent with proof of posting to the developer's main postal address, or paid online with major credit card via paypal secure online payment.

All invoices must be paid in full within 7 days of the invoice date, except where agreed at the developer's own discretion.

The developer reserves the right to decline further work on a project if there are invoices outstanding with the client.

The client may request that the developer cancel a project in writing by email or postal mail to the developer and the project is cancelled only if the developer confirms work has not been started on the project. If the developer has begun or completed the work and the client no longer requires the files but have agreed to the work, they are still obliged to pay the developer for the work that has been carried out.

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

The developer reserves the right to remove it's work for the client from the Internet if payments are not received.

LIABILITY AND WARRANTY DISCLAIMER

The developer provides their web site and the contents thereof on an "as is" basis and makes no warranties with regard to the site and it's contents, or fitness of services offered for a particular purpose. The developer cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.

The developer endeavours to provide a web site within given delivery timescales to the best of it's ability. However, the client agrees that the developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.

The client agrees the developer is not liable for absence of service as a result of illness or holiday.

The client agrees the developer is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

The developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

On handover of files from the developer to the client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

Whilst every effort is made to make sure files are error free, the developer cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then Developer can correct these errors for the client at it's own discretion.

If after the handover of files errors are found in code the developer has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, the developer can correct errors for the client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.

Should the client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the developer reserves the right to cancel forthwith any projects and invoice the client for any work completed.

The developer shall have no liability to the client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if the developer has been advised of the possibility of such damages.

There are sometimes laws and taxes which affect Internet ecommerce. The client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet ecommerce.

The developer may from time to time recommend to the client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. The developer reserves the right to quote for any updates as separate work. The client agrees the developer is not liable for any failure to inform or implement these updates to their site. The client agrees that it shall defend, indemnify, save and hold the developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

INDEMNIFICATION

The client agrees to use all the developer services and facilities at their own risk and agree to defend, indemnify, save and hold the developer harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against the developer 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. The client agrees this indemnification extends to all aspects of the project, including but not limited to the web site content and choice of domain name.

The client also agrees to defend, indemnify and hold harmless the developer 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.

NONDISCLOSURE

The developer and any third party associates agrees that, except if directed by the client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the client agrees that it will not convey any confidential information about the developer to another party.

PRIVACY POLICY

The developer and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes

INTERPRETATION

The developer reserves the right to terminate a project with a client at any time without prior notification if it finds the client in breach of these terms and conditions. The developer shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.

This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.

The developer reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the developer’s web site at www.ijhwebdevelopment.co.uk/terms with a date of last update.

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 and conditions of this agreement, and agrees to be legally binding by these terms and conditions.

Updated 17/01/2010

ijhwebdevelopment Terms & Conditions