Terms and Conditions of Web Development Service
These Terms and Conditions of Web Development Service (hereafter referred to as "TCWDS") are applicable to all Web Development projects that are undertaken by Caryford Computer Services. If the project is to be hosted by Caryford Computer Services, additional terms and conditions may apply.
- Acceptance
The acceptance of an estimate prepared by Caryford Computer Services confirms acceptance of the following TCWDS. Alternatively, payment of an advance fee or payment on-line is an acceptance of our TCWDS. These TCWDS are always available on our web site for review.
- Charges
Charges for services to be provided by Caryford Computer Services are defined in the project estimate that the Client receives via e-mail. Estimates are valid for a period of 30 days unless alternate timescale's have been agreed beforehand with the Client. Caryford Computer Services reserves the right to alter or decline to provide a quotation after expiry of the valid timescale.
All Web Development projects costing £500 (excluding any mandatory taxation) and over will require an advance payment of fifty (50) percent of the project estimate prior to work commencing. The remaining balance of the project estimate will be due upon completion of the work. Charges for web development do not cover the release of source Photoshop (PSD) or Flash files; if the Client requires these items then a separate estimate can be prepared.
Payment for the web development service must be made by cash (UK sterling only), bank transfer (BACS), PayPal or Google Checkout. To cover mandatory processing costs imposed by providers, a service fee of 3.4% will be applied to transactions made using PayPal or Google Checkout.
- Client Review
Caryford Computer Services will provide the Client with an opportunity to review the appearance and content of the Web site during the design and once they are completed. Upon completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Caryford Computer Services otherwise within five (5) working days of the date the materials are made available to the Client.
- Project Schedule and Content Control
In the majority of projects, Caryford Computer Services will install and publicly post or supply the Client's Web site by the date specified in the project estimate. If no such date is specified, the timescale shall be within eight weeks of the date initial payment is received from the Client, unless a delay is specifically requested by the Client and agreed by Caryford Computer Services. An alternate timescale can be agreed during the initial project discussion.
In return, the Client agrees to delegate a single individual as "first-point-of-call" to aid Caryford Computer Services with completing the project in a satisfactory and expedient manner.
During the project, Caryford Computer Services will require the Client to provide text and images (content). If content is not provided within one (1) week of an official request by e-mail then Caryford Computer Services reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within four (4) weeks from the original e-mail request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. Caryford Computer Services will agree, at its discretion, to recommence the project after an agreement is reached, a new estimate has been prepared and once the original fees have been paid.
- Payment
Invoices will be provided by Caryford Computer Services upon completion of the work for Web Development and Design and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices. Invoices are due within five (5) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after ten (10) days then Caryford Computer Services will consider the account to be in default.
As stipulated in Clause 4.5 ("Payment") of our Terms and Conditions of Service, Caryford Computer Services reserves the exclusive right to suspend/remove (make "unavailable") published web projects in the event of non-payment (default). An administration charge may be imposed to restore suspended web projects.
- Default
If the Client in default has any information or files on Caryford Computer Services’ web servers, Caryford Computer Services can, at its discretion, remove all such material from its web servers. Caryford Computer Services 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 assessed to the Client's account. Cheque's returned for insufficient funds will be assessed a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Caryford Computer Services reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Caryford Computer Services in enforcing these Terms and Conditions.
- Termination
Termination of the Web Development project by the Client must be requested in writing 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 fifteen (15) days.
- Legal Restrictions
The majority of our projects are hosted on servers managed by Web Wiz. Please refer to their site for terms and conditions in relating to hosting account and usage.
- Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Caryford Computer Services 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 Caryford Computer Services permission and rights for use of the same and agrees to indemnify and hold harmless Caryford Computer Services from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Client to Caryford Computer Services that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- Media Delivery Requirements
Unless otherwise specified in the project estimate, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, CD-ROM, DVD-ROM, or FTP) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .jpg, .png or .tiff format only. The specific requirements will be discussed and agreed with the Client prior to commencement of the project. Although every reasonable attempt shall be made by Caryford Computer Services to return to the Client any images or printed material provided for use in creation of the Client's Web site, such return cannot be guaranteed. If it is necessary to convert supplied media into a usable format, an additional fee may be applied at Caryford Computer Services discretion.
- Access Requirements
If the Client's Web site is to be installed on a third-party server, Caryford Computer Services must be granted temporary read/write access to the Client's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- Post Project Alterations
Caryford Computer Services cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. Caryford Computer Services may require a one-off Web Development charge before resolving any issues that may arise.
- Search Engine Optimisation
Please review our Search Engine Optimisation Disclaimer.
- Third Party Services
Caryford Computer Services may require the usage of third party services - for example, credit card processing - to complete the Client's project requirements and will ensure these services are integrated into the project and working correctly upon completion. Caryford Computer Services cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client's web site and may require a one-off Web Development charge before resolving any problems that may arise.
Caryford Computer Services reserves the right to enlist third party companies to work alongside ourselves in order to complete projects. If the involvement of a third party is required, the client will be advised.
- Domain Names
Caryford Computer Services may purchase domain names on behalf of the Client via our hosting provider Web Wiz, in which case they will then be renewed on an annual basis and the Client will be invoiced by Web Wiz. The loss, cancellation or otherwise of the domain brought about by none or late payment or misadministration is not the responsibility of Caryford Computer Services.
- General
These TCWDS complement our Privacy Policy, Legal Policy, Site Terms and Conditions and Terms and Conditions of Service. This page (http://caryford.co.uk/information/terms-and-conditions-of-web-development-service.html) will supersede all previous representations, understandings or agreements. The payment of an advance fee, accepting an estimate or a signed hard copy constitutes agreement to and acceptance of these TCWDS. Payment on-line is also an acceptance of our TCWDS.
- Governing Law
All Web Development Contracts shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.
- Variations
Caryford Computer Services reserves the right to modify these TCWDS without notice. Any such modification will apply to all web development services provided by Caryford Computer Services.
- Additional
If any of the content of these TCWDS are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state/county or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
