Website Development Terms & Conditions (19/05/18).
The following terms and conditions apply to all website development / design services provided by Westcountry Media (UK) Ltd to the Client.
These terms and conditions form part of the Agreement between the Client and ourselves, Westcountry Media (UK) Ltd.
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.
Westcountry Media (UK) Ltd represents and warrants to the Client that it has the experience and ability to perform the services required by this agreement; that it will perform said services in a professional, competent, and timely manner; that it has the power to enter into and perform this Agreement; and that its performance of this agreement shall not infringe upon or violate the rights of any third party or violate any laws.
The Client represents and warrants to Westcountry Media (UK) Ltd that it will provide Client materials as required in a professional, competent, and timely manner; that it has the power to enter into this agreement on behalf of the Client; and that its performance of this agreement shall not Infringe upon or violate the rights of any third party or violate any laws.
Charges for services to be provided by Westcountry Media (UK) Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Westcountry Media (UK) Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise in writing, Quotations are based on no face to face meetings being required. If face to face meetings are required after the quotation has been accepted this may incur an extra charge for both time and travel expenses. Any fees if applicable will be confirmed at the time of booking a meeting.
Unless agreed otherwise with the Client, all website design services require a non-refundable advance payment of a minimum of fifty (50) percent of the project quotation total before any work is started. The initial 50% payment covers all work upto the point that the home page design has been accepted. A second charge of fifty (50) percent is required upon completion of all work, prior to upload to the server or release of materials.
Payment for services is due by direct bank payment or bank transfer. Cheques are not accepted. Bank details will be made available on invoices.
3. Client Review
Westcountry Media (UK) Ltd will provide the Client with an opportunity to review the appearance and content of the website during the design phase and at two stages in particular:
Stage 1: Website home page design.Client will be provided with access to an online link to the proposed home page design. Client may request changes to this design prior to signing off the design as accepted. Once the design has been accepted, any further changes requested will be chargeable at the standard hourly rate.Westcountry Media (UK) will not work on any other website pages until the home page design has been accepted.
Stage 2: Once the overall website development is completed. At the completion of the project, all services will be deemed to be accepted and approved unless the Client notifies Westcountry Media (UK) Ltd prior to making the final balance payment. Making the final payment is the Clients acceptance of the satisfactory completion of the project.Any changes to the project after the final payment has been made will be chargeable at the standard hourly rate.
4. Assignment of Project
Westcountry Media (UK) Ltd reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on time completion. Westcountry Media (UK) Ltd will be responsible for the final results of the project.
5. Turnaround Time and Content Control
Westcountry Media (UK) Ltd will complete or supply the Client’s website as soon as possible, or at a date agreed in writing with Client if requested. If a fixed completion date is to be set, it must be agreed and set prior to the deposit payment being made.
In return, the Client agrees to delegate a single individual as a primary contact to aid Westcountry Media (UK) Ltd with progressing the commission in a satisfactory and expedient manner.
During the project, Westcountry Media (UK) Ltd will require the Client to provide website content including text, images, links and any other content files.
6. Failure to provide required website content
Westcountry Media (UK) Ltd is a small business, to remain efficient we must ensure that work we have booked in is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that work is completed at the time arranged.
If Client agrees to provide us with the required information and subsequently fails to do so within two weeks, we reserve the right to close the project and the balance remaining becomes payable immediately. Once the project has been closed we reserve the right to charge an admin fee of £100 to re-start the project.
The option to re-start the project shall be at the discretion of Westcountry Media (UK) Ltd.Any deposits paid shall be non refundable.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages.
Invoices will be provided by Westcountry Media (UK) Ltd before publishing the live website.
Invoices are sent via email and are due upon receipt.
Accounts that remain unpaid thirty (30) days after the date of the invoice will attract a service charge of the higher of one and one-half percent (1.5%) of the total amount due or £25 per month.
8. Additional Expenses
Client agrees to reimburse Westcountry Media (UK) Ltd for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. Any additional expenses to be incurred during the project development will be agreed with Client prior to being incurred.
9. Web Browsers
Westcountry Media (UK) Ltd 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 and current versions of browsers at the time the site is developed (e.g. Internet Explorer & Google Chrome).
Client agrees that Westcountry Media (UK) Ltd cannot guarantee correct functionality with all browser software across different operating systems.
Westcountry Media (UK) Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Westcountry Media (UK) Ltd servers, Westcountry Media (UK) Ltd will, at its sole discretion, remove all such material from its servers. Westcountry Media (UK) Ltd is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges on the Client’s account.
Clients with accounts in default agree to pay Westcountry Media (UK) Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Westcountry Media (UK) Ltd in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a writing and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design and development work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Westcountry Media (UK) Ltd services may be used for lawful purposes only. You agree to indemnify and hold Westcountry Media (UK) Ltd harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Westcountry Media (UK) Ltd 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 Westcountry Media (UK) Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Westcountry Media (UK) Ltd from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
Where images used on the website have been purchased by Westcountry Media (UK) Ltd on behalf of the client, these images are restricted by license for use on the purchased website only. Westcountry Media (UK) Ltd are not liable for misuse of these images by the client or any other person’s copying, altering or distributing the images to individuals or other organisations.
14. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (Standard Word document or via e-mail) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Westcountry Media (UK) Ltd to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
15. Design Credit
A link to Westcountry Media (UK) Ltd will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a Client requests that the design credit be removed this will be actioned free of charge if requested before the website is completed. If requested after the completion of the website the edit will be charged at the standard hourly rate.
The Client agrees that the website developed for the Client may be presented in Westcounty Media (UK) Ltd’s portfolio.
16. Access Requirements
If the Client’s website is to be installed on a third-party server, Westcountry Media (UK) Ltd must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
17. Post-Completion Alterations
Westcountry Media (UK) Ltd cannot accept responsibility for any alterations caused by the Client or any third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to updates, additions, modifications or deletions. The Client has sole responsibility for ensuring that they have back-up copies of the website files.
18. Domain Names
Westcountry Media (UK) Ltd may purchase domain names on behalf of the Client. Unless Client request otherwise, domain names will be registered in the name of Westcountry Media (UK) Ltd. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Westcountry Media (UK) Ltd.
The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
19. Website Hosting
If Client selects Westcountry Media (UK) Ltd to host a website the Client must make the agreed monthly payments on time. Westcountry Media (UK) Ltd recommends setting up a standing order to cover this monthly payment. If Client is more than 30 days late in making payment, Westcountry Media (UK) Ltd, at its sole discretion, may remove all material that relates to the Client from its servers. Westcountry Media (UK) Ltd is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges on the Client’s account.
If the client does not use Westcountry Media (UK) Ltd hosting services, then the management and hosting of the website is the full responsibility of the Client.Website hosting can be cancelled by either Westcountry Media (UK) Ltd or the Client at any time by providing 30 days notice.If the client does not wish to renew the monthly hosting, the site files and associated data can be made available to the client on request and any domain name can be transferred to the client’s nominated registrar account. A small admin fee to cover the time to do this may be payable.
20. Back-up copies of files
Westcountry Media (UK) Ltd may from time to time hold back-up copies of clients website files but the client understands and accepts that they and they alone are 100% responsible for keeping up to date copies of the website and any other data that is held on the server as Westcountry Media (UK) Ltd can not guarantee that a back up is held.
Westcountry Media (UK) Ltd do offer a paid automated back-up service which stores a copy of the website files and databases but this should not be relied on as a replacement for backing up your own files on a regular basis. Westcountry Media (UK) Ltd will not accept any liability for the loss of a clients data due to the client not holding an up to date back-up.
21. Search Engine Optimisation (SEO)
Westcountry Media (UK) Ltd do not take any responsibility for a client’s website rank on search engines as Westcountry Media (UK) Ltd do don’t control these 3rd party search engines. Westcountry Media (UK) Ltd do offer paid marketing consultancy services which may cover Search Engine Optimisation but this would be covered under a separate Agreement.
22. Marketing Services
Westcountry Media (UK) Ltd provide a range of marketing services the cost and terms of which will be agreed on an individual basis with the Client if the Client request these services.
These Terms and Conditions supersede all previous representations, understandings or Agreements. The Client’s signature below or payment of an advance fee constitutes Agreement to and acceptance of these Terms and Conditions. Payment is an acceptance of our terms and conditions.
24. Governing Law
This Agreement shall be governed by English Law.
25. Limited Liability
Client hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material advocating illegal activity, and any infringement of privacy or libel.
Client hereby agrees to indemnify and hold harmless Westcountry Media (UK) Ltd from any claim resulting from Client’s publication of material or use of those materials. Client hereby agrees to indemnify and hold harmless Westcountry Media (UK) Ltd from the submission of illegal materials.
Client hereby agrees to hold harmless Westcountry Media (UK) Ltd from any claim resulting from Client’s use and/or dependency of 3rd party systems not exclusively developed by Westcountry Media (UK) Ltd, including website plugins and content management systems developed by 3rd parties such as the WordPress community and plugin developers. The Client understands that Westcountry Media (UK) Ltd has no control of features, updates and compatibility of these 3rd party products.
If Westcountry Media (UK) Ltd shall acquire an Internet domain name on behalf of the Client, then in such case Client hereby waives any and all claims which it may have against Westcountry Media (UK) Ltd for any loss, damage, claim, or expense arising out of or in relation to the registration of such domain name in any online or off-line network directories, membership lists, or registration lists, or the release of the domain name from such directories or lists following the termination of the providing of this service by Westcountry Media (UK) Ltd for any reason.
Under no circumstances, including negligence, shall Westcountry Media (UK) Ltd, Its offices, agents, or anyone else involved in creating, producing, or distributing its services, be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use Westcountry Media (UK) Ltd services; or that result from mistakes, omissions, interruptions, deletion, or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorised access to Westcountry Media (UK) Ltd records, programs, or services. Client maintains sole responsibility for data backups and restoration.
Client hereby acknowledges that this paragraph shall apply to all content on Westcountry Media (UK) Ltd services. The entire liability of Westcountry Media (UK) Ltd 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.
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.
Westcountry Media (UK) Ltd, Its employees, and subcontractors agree that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever.
Any disputes in excess of the maximum limit for small claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon Arbitrator. The Arbitrator’s award shall be final, and judgement may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable Solicitor’s fees, and legal interest on any award or judgement in favour of Westcountry Media (UK) Ltd.
29. Terms specific to websites under £300.00.
The following terms exclusively apply to website developments that have been ordered with upfront cost of less than £300.00
Websites charged at £300 or below are exclusively offered in conjunction with a qualifying website hosting and or website maintenance and support package being taken out at the same time as placing your order.
You understand and accept that by accepting the reduced upfront cost, that you will be committing to a minimum 12 month service on your selected hosting package with Westcountry Media (UK) Ltd.
If you wish to move your website to another hosting provider during the initial 12 month period a payment equal to £500 will become payable to cover the initial build cost.
Payments for your website hosting and support package are payable monthly via standing order with the first payment due upon placing your order.