Designaweb Website Terms and Conditions
Definitions:
The Client : The company or individual requesting the services of Designaweb (BSE) Ltd
Designaweb (BSE) Ltd: Primary designer/site owner & employees or affiliates.
General
Designaweb (BSE) Ltd will carry out work only where an agreement is provided either by email, telephone, mail or fax. Designaweb (BSE) Ltd will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Designaweb (BSE) Ltd and the client, this includes telephone and email agreements.
Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Designaweb (BSE) Ltd cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Designaweb (BSE) Ltd until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Designaweb (BSE) Ltd remain the copyright of Designaweb (BSE) Ltd and may only be commercially reproduced or resold with the permission of Designaweb (BSE) Ltd.
Designaweb (BSE) Ltd cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of Designaweb (BSE) Ltd and where no charge is made by Designaweb (BSE) Ltd for such additions, Designaweb (BSE) Ltd accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Designaweb (BSE) Ltd all materials required to complete the site to the agreed standard and within the set deadline.
Designaweb (BSE) Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Designaweb (BSE) Ltd will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Designaweb (BSE) Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Designaweb (BSE) Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit of 30% is required with any standard project and 40% for database driven projects before any design work will be carried out. This figure may be higher for websites of an adult nature and is non-refundable.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.
Database, Application and E-Commerce Development
Designaweb (BSE) Ltd cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by Designaweb (BSE) Ltd remain the copyright of Designaweb (BSE) Ltd and may only be commercially reproduced or resold with the permission of Designaweb (BSE) Ltd.
Where applications or sites are developed on servers not recommended by Designaweb (BSE) Ltd, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Designaweb (BSE) Ltd before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Designaweb (BSE) Ltd will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Compatibility
Designaweb (BSE) Ltd will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Designaweb (BSE) Ltd can offer no guarantees of correct function with all browser software.
Website Hosting
Whilst Designaweb (BSE) Ltd recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Designaweb (BSE) Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Designaweb (BSE) Ltd reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
Website Optimization
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liablility for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
We use 'white hat techniques' when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Designaweb (BSE) Ltd policy that any outstanding accounts for work carried out by Designaweb (BSE) Ltd or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Designaweb (BSE) Ltd.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Designaweb (BSE) Ltd have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by Designaweb (BSE) Ltd should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Designaweb (BSE) Ltd will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Designaweb (BSE) Ltd, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
TERMS AND CONDITIONS OF SALE OF GOODS
GENERAL
1. In these Conditions of Sale:
“The Company” means Designaweb (BSE) Ltd “the Buyer” means the person, firm or company ordering or buying goods from the Company.
“The goods” mean the goods or the subject matter of the relevant order or contract for sale.
2. No contract in respect of the goods between the company and the buyer shall exist until the company has accepted the buyer’s order. In the event that the buyer’s order is accepted by the company (whether or not such acceptance is accepted by formal order acknowledgement) the order shall be deemed to be a fresh offer by the company on the basis of these conditions. In which event (unless these conditions are accepted by the buyer prior to delivery) acceptance of the company’s offer and the contract of sale shall be formed at that moment. No conditions or terms stipulated in any other communication or document shall vary or annul any of those conditions except insofar as the same are expressly consented to in writing by the company.
PRICE
3. Quoted prices include the cost of normal packaging but exclude delivery, transit insurance (which are charged at extra cost) VAT or installation charges (where applicable). Any work carried out in addition to that specified in the relevant quotation or order, whether experimentally or otherwise, shall be charged.
4. The prices for the goods shall be those ruling at the date of despatch and the company reserves the right to amend its quoted prices at any time prior to the date of despatch.
DESPATCH AND PAYMENT
5. (a) Unless otherwise specified the price quoted is not inclusive of delivery. An extra charge will be levied to cover delivery to a different address.
(b) Should expedited delivery be agreed an extra charge may be levied to cover any overtime or any other additional cost involved.
(c) Should work be suspended at the request of or delayed through any default of the buyer for a period of 30 days the company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
CREDIT POLICY AND PAYMENT INFORMATION
6. We are pleased to offer credit terms to qualifying parties. Our credit terms are 30% payment deposit before commencement of work; 70% on completion of works. Orders that relate to Construction Industry Schemes (CIS) schemes may be exempt to these terms upon proof of the same. Accounts with overdue balances will be placed on credit hold. This means that no further goods will be shipped and all support and repair/warranty services withdrawn until the account is brought into order.
RETENTION OF TITLE
7. (a) The equipment shall remain the property of the Company until payment in full has been made for all sums payable to the Company (including those sums which have not yet fallen due for payment) under all contracts between the Company and the Customer.
(b) The Customer shall hold all equipment property in which remains in the Company as bailee for the Company. Further it shall mark it, and store it, in such a way that it can be identified as the Company’s property and shall keep it separate from the Customer’s own property and the property of any other person.
(c) If notwithstanding (a) the equipment property in which remains in the Company is incorporated into or affixed to products belonging to the Customer or anyone else, property in that equipment shall remain in the Company until full payment is made in accordance with the above.
(d) At any time the Company shall be entitled to recover the Equipment property in which remains in the Company and for that purpose the Customer herby grants to the Company, its agents and employees an irrevocable licence to enter any premises where such equipment is stored in order to repossess the same, and (in the event that it has been incorporated or affixed to other products) to dismantle it to detach it from those products and repossess it. Further:-
8. The Customer will give the Company’s representatives all reasonable assistance too enable it to identify (and dismantle) such equipment when they attend such premises, and
9. In the event that such equipment is no longer at the Customer’s premises (either because it has been delivered to a third party under an agreement for sale or otherwise) the Customer will inform the Company where it is and provide the Company with all reasonable assistance to enable it to find and repossess the same.
10. The Customer may sell on equipment property in which remains in the Company, and may appropriate it to a contract for sale and deliver it to a third party, but only when each of the following circumstances is satisfied.
11. The agreement for sale and the appropriation of the equipment to the agreement for sale and the delivery to the third party, are made and effected bona fide and in the ordinary course of business.
12. The Customer, under the agreement for sale, retain title in the equipment until it (the Customer) has been paid in full by the third party to whom it is agreeing to sell on the same
13. The Customer has complied with all its obligations (including its payment obligations) under all its contracts with the Company. If at the time of the agreement for sale, or appropriation, or delivery, one or more of such circumstances are not satisfied, then the Customer has no right to sell such equipment, or to appropriate it to contract of sale, or (if it has been appropriated) to deliver it to the third party.
14. The Customer’s licence to sell on equipment property in which remains in the Company, to appropriate the same to a contract for sale, or to deliver the same to a third party, its automatically revoked and comes to an end in any of the following events:
15. It is unable to pay its debts as they fail due or is otherwise insolvent
16. A receiver or administrative receiver is appointed over any part of the Customer’s business or assets.
17. The Customer, (if it is an individual) makes or offers to make any arrangement or composition with its creditors or commits any act of bankruptcy or a bankruptcy petition is presented against it or (if the Customer is a limited company) any resolution or petition to wind it up is passed or presented, or any steps are taken to appoint an administrator, or an administrator is appointed over it.
18. For the avoidance of doubt, the Company expressly reserves all its rights at common law and in equity in the event that the Customer takes an unauthorised sale, appropriation or delivery of equipment property in which remains in the Company. In particular, the Customer expressly acknowledges that the proceeds of any such unauthorised sale appropriation or delivery belong to and are payable only to the Company, who will not be obliged to refund any part thereof to the Customer.
BUYERS PROPERTY
19. (a) The buyer’s property supplied to the company by or on behalf of the buyer shall, while it is in possession of the company or in transit to or from the buyer, be deemed to be at the buyers risk and the buyer shall insure accordingly.
LOSS OR DAMAGE IN TRANSIT OR NON DELIVERY
20. The buyer shall examine the goods immediately they are delivered to him. The company reserves the right to reject claims in respect of shortages or damage in transit or non-delivery of the goods, or in the case of non-delivery 7 days after the due date for delivery
LATE DELIVERY
21. Whilst the company will use its best endeavours to deliver the goods in accordance with the buyer’s requirements, the company will not be liable for any consequences of late delivery howsoever caused.
DEFECTIVE PRODUCTS
22. (a) The company’s liability (both in contract and in tort) in respect of defects in the goods shall be limited to the replacement of faulty items or materials, or the issue of a credit note in respect thereof, or the granting of a refund, or other such compensatory measures are at the companies discretion and which it considers appropriate in the circumstances. Such measures shall relate only to the actual faulty items or their value, and the company shall not in any circumstances be under liability to the buyer in respect of indirect or consequential loss or damage, or loss of profits, sustained by the buyer in respect of. Provided, always that these conditions do not exclude or restrict the company’s liability for death or personal injury arising from its negligence.
(b) Where items are installed by our staff such installation works are covered by a 30 day work warranty. Remedial works by us during this period found to be caused by software issues, equipment misuse, tampering, and adjustment by third parties or outside agencies will be charged at the normal company rates and will not be considered to be a valid warranty claim.
23 A returns authorisation must be obtained from us either by telephone or letter. A copy of the original invoice relating to their purchases must accompany returned goods
24. Goods returned must be in the original packaging and in a clean resalable condition. Goods returned otherwise will, at our discretion, either be refused or a further additional restocking fee charged to cover the additional costs involved.
25. Goods returned for repair under warranty must be accompanied by a copy of the original invoice, or must quote the original invoice number and date of purchase. Before returning items, please ring our engineers for authorisation to return items – a discussion of the problem may assist in rectifying faults before goods are returned! It is your responsibility to ensure that any goods returned are properly insured. We will not be responsible for goods returned to us that are lost in transit. This document does not in itself constitute an offer for sale. We reserve the right to vary the specification of any item, withdraw modify or amend any item without prior notice. Prices quoted are current trade prices.
FORCE MAJEURE
26. The company reserves the right to cancel, vary or suspend the operation or contract of sale if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, strikes, lockouts, riot, hostilities, non availability of materials or supplies or any other event outside the control of the company, and the company shall not be held liable for any breach of contract resulting from such an event.
CANCELLATION
27. The Company may withhold or cancel further orders or any deliveries under the contract of sale and may recover all losses resulting there from if the buyer:-
28. fails to make payment on the due date under any contract with the company, or
29. enters into a composition with its creditors, or (being a company) has a receiver appointed or passes a resolution for winding up or if a court shall order it to be wound up, or commits an available act of bankruptcy, or
30. is in breach of any items and conditions contained herein (notwithstanding that on a former occasion or occasions it has waived its rights).
The exercise of rights under condition 15 shall be without prejudice to the company’s other remedies
LAW
31. The parties agree to submit to the non-exclusive jurisdiction of the English Courts.
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