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.
Charges
Charges for services to be provided by 29 design ltd are pre-defined and agreed with the Client.
Payment for services are due by BACS. Bank details will be made available on invoices.
COMPLETION
At the completion of the project, the website must be accepted and approved by the client prior to the launch of the website. Once the site is approved & live the website belongs to you!
Any changes or maintenance required after the launch of the website may incur extra charges (unless otherwise agreed).
29 design has no responsibility for maintenance, security or updates to the website when live, unless a maintenance package has been agreed
Billing commences once website is Live.
Once development work has commenced online, i.e. development of the website framework and structure, the customer is liable to pay the minimum term cost agreed.
Payment(s) for hosting overdue for more than 30 days will result in the website being taken offline until the account is brought up to date.
This does not alter the customer’s responsibility for paying the amount due to date at any time in accordance with the original agreement.
A 30 day cancellation notice period is required for all live websites.
Cancellation requests required via written/email confirmation.
29 design reserves the right to terminate any project at any time. If the website/project is live at this time, the remainder of the current month term will be met. Upon project termination, if requested, the project files (including database) will be packaged and sent to the customer via WeTransfer. It is the responsibility of the customer to download these files within the time limit set by WeTransfer. Failure to do so, or further requests to re-package and transfer the website, will be subject to an admin fee of £40 + VAT.
It is the responsibility of the customer to restore the project/website once received. Unless pre-agreed, 29 design will not be responsible in the restore/recovery of a project/website once received by the customer.
Upon project termination, any Email accounts connected with the project will remain online until the customer has disconnected all services – or until the current term has ended. It is the reponsibility of the customer to ensure any email transfer has taken place by this time.
Client Review
29 design 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 29 design otherwise within ten (10) days of the date the materials are made available to the Client.
Website updates thereafter will be sent to the Client prior to website application (where possible).
Turnaround Time and Content Control
29 design will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with Client upon 29 design receiving initial payment, unless a delay is specifically requested by the Client and agreed by 29 design.
In return, the Client agrees to provide 29 design promptly with all necessary co-operation, information, materials and data, access to staff and timely decision-making which may be reasonably required by 29 design for the performance of the Services. This shall include the Client delegating a single individual as a primary contact to aid 29 design with progressing the commission in a satisfactory and expedient manner.
During the project, 29 design will require the Client to provide website content; text, images, movies and sound files, along with any relevant background information.
Failure to provide required website content
29 design is a small business, and 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 and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that the Client provides all the required information in advance. On any occasion where progress cannot be made with the Client’s website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% of the Charges. If the Services involve Search Engine Optimisation we need the text content for the Client’s site in advance so that the SEO can be planned and completed efficiently.
If the Client agrees to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, do not give us the go ahead to start until you are ready to do so.
NOTE: Text content must 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 must have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system the Client is able to keep your content up to date itself.
Payment
Invoices will be provided by upon completion of 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 be may result in the website being taken offline
Additional Expenses
Client agrees to reimburse 29 design for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
Web Browsers & Platforms
29 design 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 current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that 29 design cannot guarantee correct functionality with all browser software across different operating systems.
29 design cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, we reserve the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Default
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 29 designs Web space, 29 design will, at its discretion, remove all such material from its web space. 29 design 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. Cheques 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 29 design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by 29 design in enforcing these Terms and Conditions.
Indemnity
All 29 design services may be used for lawful purposes only. You agree to indemnify and hold 29 design harmless from any claims resulting from your use of our service that damages you or any other party.
Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants 29 design 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 29 design permission and rights for use of the same and agrees to indemnify and hold harmless 29 design from any 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 29 design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
29 design is not accountable or responsible for the use of unlicensed copyrighted images, even if they are uploaded to the website by the 29 design team. 29 design will always advise use of purchase stock images from various stock image providers.
Design Credit
A link to 29 design will appear in small type at the bottom of the Client’s website. The client can requests that the design credit be removed. The Client also agrees that the website developed for the Client may be presented in 29 design portfolio.
Third-Party Servers
If the Client’s website is to be installed on a third-party server, 29 design will provide an all-in-one file for the website build 29 design will take no responsibility for loss of design or data after the transfer.
Post-Placement Alterations
29 design 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.
General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment is an acceptance of our terms and conditions.
Governing Law
This Agreement shall be governed by English Law.
Liability
29 design hereby excludes itself, its Employees and or Agents from all and any liability from:
Any inaccurate or misleading information supplied and used on a clients website;
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 29 design 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.
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 invalid.