This page is necessary to protect the
joint interests of you the Client and me the Designer and sets out both our
responsibilities to each other.
Please read it carefully.
Terms of Agreement
Governance
The Project Agreement and these
Terms of Business shall be considered a contract made in England and subject to
English Law. The Parties to the contract irrevocably submit themselves to the
exclusive jurisdiction of the English Courts.
Parties The signing of the Project Agreement by the Client or their representative
indicates acceptance of both those terms and these Terms of Business which are
annexed to the Project Agreement.
The work to be undertaken is
set out and specified in the Project Agreement signed by both
DartmoorWebDesign.co.uk and the Client.
My
Obligations as the Designer Any works ordered by the Client as additional to those set out in the Project
Agreement will be charged at twelve pounds or one hours work for each subsequent web page unless otherwise
set out and agreed in writing between the Designer and the Client. Other costs
directly attributable to the website including Travelling and Investigation costs
will be set prior to and only with agreement from the Client.
The Designer may, as part of the work undertaken, arrange the engagement of
an Internet Service Provider on behalf of the Client. Register the Client URL
name and engage a search engine suitable to the clients needs.
The Designer gives no warranty either express or implied as to the frequency
of accessing the Website by visitors or the periods of availability of the
Website to visitors, neither of which is within the Designers control. The
Designer will not be liable to the Client or any third party for any damages,
including loss of profits or consequential damages arising out of either the
operation or non-operation of the Website. The Designer retains the write to cancel any agreement The Client will not allow, permit or require the design to include, publish,
link to or otherwise broadcast or disseminate, whether directly or indirectly,
any material that is indecent obscene immoral offensive defamatory or otherwise
unlawful in any form whatsoever and should the Designer at his sole discretion
consider the Client to be in breach of this condition or any part thereof, he
may terminate the Project Agreement without compensation to the Client.
The Client shall observe all statutory and other provisions and regulations
for the time being in force in any way that pertain directly or indirectly to
the subject matter of the Project Agreement including without limitation the
provisions of the Trade Descriptions Act 1968 the Copyright Designs and Patents
Act 1988 and the Copyright and Rights in Databases Regulations 1997.
The Client is solely responsible for all business and related taxes that
arise from the website and no portion of that business is attributable or of benefit
to the Designer. The Client will be responsible for obtaining and holding all consents licenses
permits and other similar instruments applicable to material it
supplies to the Designer for incorporation into the Clients Website. This will
include without limitation copyrights trade marks logos patents and all such
similar instruments.
The Client will indemnify the Designer against all claims expenses demands or
charges howsoever arising in connection with the Project Agreement except to the
extent that any such costs claims expenses demands or charges arise as a result
of the negligent act or omission of the Designer.
The Client accepts that the operation and use of the established Website is
entirely at their own risk and the Designer accepts no responsibility for any
loss damage or misuse of the Website by any party after completion of the work
set out in the Project Agreement.
If the Client fails to provide the material for inclusion in the Website as
set out in the Project Agreement within three months of the date the Project
Agreement is signed by the Designer then the Designer may at his entire
discretion cancel the Project Agreement and recover from the Client any costs
expenses fees or other charges that have been incurred by him to that date.
The Designer will undertake
and provide the service as set out in the Project Agreement, for special advertised
price of Seventy Five Pounds for a standard four page website.
To provide the Designer with
access to sufficient information to allow the design to be implemented, and to
provide passwords and authority if required by the Client's Internet Service
Provider to allow the Designer to upload Web pages into the Clients Webspace and
otherwise ensure satisfactory operation of the Website.
Waiver
The failure of either party
to exercise any right or enforce any obligation under the Project Agreement and
these Terms of Business shall in no way prejudice or affect their right
subsequently to do so, nor shall any waiver or any breach of any provision
constitute the waiver of any subsequent breach nor shall it constitute a waiver
of the provision itself
Assignment
The Designer reserves the
right to assign or otherwise subcontract all or part of this project.
Copyright
The Copyright in the
completed Website and the source code of individual pages is owned by the
Designer. After receipt of the final payment, the Designer assigns to the Client
the right to use the completed Website as a Website without further payment. The
copyright in individual items such as text, photographs, images etc. remains the
property of their respective owners, and is not transferred to the Client. Uses
other than as a Website require the consent of the relevant copyright holder.
Terms
of payment Payment for any additional work undertaken outside the Project Agreement
shall become due at the end of the Month in which an Invoice is issued on
completion of that work. Invoices will be issued showing the work undertaken.
The Client agrees to pay the
sum as set out in the Project Agreement within Twenty Eight days from the
acceptance by the Client on completion of the website. Failure to pay will
result in a reminder being issued and if the payment is not made within a
further Twenty Eight days the website will be closed down and all properties
owned by the Designer will be retained by the Designer and may be used as
required by the Designer.
Refunds
and cancellation
If the Client wishes to
cancel the order at any time after signing and returning the Project Agreement,
they must do so in writing, to the Designer with proof of delivery. Any work
undertaken to the date of the cancellation will be invoiced to the Client at the
rate prevailing on the Designers current price list, together with any charges
incurred by the Designer on behalf of the Client. Any work for which no price is
listed will be charged at the current hourly rate of Twelve pounds.