Website By Jane Terms & Conditions
The following terms and conditions apply to all website development/design services provided by Websites By Jane to the Client.
1. Acceptance: 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.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. Charges: Charges for services to be provided by Websites By Jane are defined in the project quotations that the Client receives by email. Quotations are valid for a period of 30 days. Websites By Jane reserves the right to alter or decline to provide a quotation after the expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work commences. A second payment of thirty three (33) percent is required after the development stage, with the remaining thirty four (34) percent of the project quotation total due upon completion of the work prior to upload to the server or release of materials.
Payment for services is due by bank transfer or PayPal. Details will be made available on invoices.
3. Client Review: Websites By Jane will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Websites By Jane otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control: Websites By Jane will install and publicly post or supply the Client's website by the date specified in the project proposal, or at a date agreed with the Client upon Websites By Jane receiving the initial payment, unless a delay is specifically requested by the Client and agreed by Websites By Jane.
In return, the Client agrees to delegate a single individual as a primary contact to aid Websites By Jane with progressing the commission in a satisfactory and expedient manner. During the project Websites By Jane will require the Client to provide website content, text, images, movies and sound files.
5. Failure to Provide Required Website Content: Websites By Jane is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to twenty five (25) percent. As your project will involve Search Engine Optimisation (SEO) we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do so within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are completely ready to do so.
NOTE: Text content should be delivered as a Microsoft Word 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. Contact us if you need further clarification on this.
Using our content management system, you are able to keep your content up to date yourself.
6. Payment: Invoices will be provided by Websites By Jane throughout the process, with the final invoice before publishing the live website. Invoices are normally sent via email, however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will have a service charge applied in the amount of the higher of one and one-half percent (1.5%) or £30 per month, calculated on the total amount due.
7. Additional Expenses: The Client agrees to reimburse Websites By Jane for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, images etc.
8. Web Browsers: Websites By Jane makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with most popular current browsers (e.g. Firefox, Google Chrome etc) The Client agrees that Websites By Jane cannot guarantee correct functionality with all browser software across different operating systems.
Websites By Jane 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. As such, Websites By Jane reserve the right to quote for any work involved in changing the supplied website for it to work with updated browser software.
9. Default Accounts: Accounts that are unpaid thirty (30) days after the date of the invoice will be considered in default. If the Clients in default maintains any information of files on Websites By Jane space, Websites By Jane will, at its discretion, remove all such material from its web Websites By Jane 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 Websites By Jane reasonable expenses, including, but not limited to, legal fees and costs for collection by third-party agencies, incurred by Websites By Jane in enforcing these Terms and Conditions.
10 Termination: Termination of services by the Client must be requested in a written notice 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 work completed up to the date of first notice of cancellation for payment in full within thirty (30) days.
NB Hosting plans and other agreed term services, may not be part cancelled, each agreement for hosting and agreed term services will run for 12 months, regardless of the website service being terminated. The full amount of these services will be added to the final invoice on the above terms.
11. Indemnity: All Websites By Jane services may be used for lawful purposes only. You agree to indemnify and hold Websites By Jane harmless from any claims resulting from our use of our service that damages you or any other party.
12. Copyright: The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Websites By Jane 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 Websites By Jane permission and rights for use of the same and agrees to indemnify and hold harmless Websites By Jane from and and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Websites By Jane that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery: Unless otherwise specified in the project quotation, the Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics provided will be of high definition quality in 'gif, 'png or .tiff file format.
14. Design Credit: A link to Websites By Jane will appear in either small type and/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, a nominal fee of twenty (20) percent of the total development charges will be applied. When total development charges are less that £2000, a fixed fee of £200 will be applied. The Client also agrees that the website developed for the Client may be presented in Inspirations Web Design's portfolio.
15. Access Requirements If the Client's website is to be installed on a third-party server, Websites By Jane 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.
16. Post-Placement Alterations Websites By Jane cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names: Websites By Jane may purchase domain names on behalf of the Client. 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 Websites By Jane. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
18. General 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 online is an acceptance of our terms and conditions.
19. Governing Law This Agreement shall be governed by English Law.
20. Liability Websites By Jane hereby excludes itself, its Employees and or Agents from all and any liability from:
• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
• Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Websites By Jane 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.
21. Severability 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 invalidity.