Web Interaction Terms and Conditions of Business
The following terms and conditions apply to all website development, design and SEO services provided by Web Interaction ( the Developer ) and clients.
Acceptance of our terms and conditions
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 quotation or uses the services of Web Interaction then the client will be deemed to have understood, be satisfied 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.
Any written quotation received by the client via email or otherwise shall be valid for 30 days. Web Interaction reserves the right to alter or decline the quotation after expiry of the 30 days.
No contract for the supply of services exists between Client and Developer until the Developer sends an invoice to the Client for payment and a deposit or full payment has been received by the Developer. The invoice equals acceptance by the Developer of the Client’s interest to purchase services from the Developer.
Unless otherwise agreed the Client agrees to supply the Web Interaction with the following items before any work can commence.
» Photographs, Images and other media files.
» Written content, copy and other text to be placed on the website.
» Company logos
» Information relevant to the launch of the web site such as pricing.
» Printed materials
» Relevant files other related materials.
» FTP details and any other access details relating to their domain name and hosting account that the Developer may require as part of the work.
» Any deposits or payments as agreed.
Failure to receive any of the above could delay deadlines and effect the agreed work order, pricing and deadlines agreed between customer and the Developer
The Developer shall not be liable for any losses caused to the customer due to delays beyond their control or if the Client breaches any of these terms and conditions.
The Developer endeavours to provide a website or service within given delivery time scales to the best of its ability. However, the Client agrees that the Developer is not liable for any claims, losses, loss of income, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
Permission and Copyright
The copywrite of the business name used for the website ( i.e J.Smith Carpenters ) is the property and responsibility of the client.
Copyright and ownership of the website design, source code, theme, scripts, files and design shall remain property of Web Interaction .
Copywrite and ownership of the source code, files and design may only be transferred to the client by prior written agreement from Web Interaction. Any fees incurred will be paid by the client.
The Client agrees that resale or distribution of any completed files is forbidden unless prior written agreement is made with the Developer.
The Client hereby agrees that all media and content made available to the Developer for the use in the website or project are either owned by the Client or used with full permission of the original authors and does not breach any copywrite laws.
The Client agrees to protect and defend the Developer from any claim or suit that may arise as a result of using any supplied media and content.
The Client agrees that the Developer may include a credit and link displayed on the Client’s website.
The Client agrees that the Developer may include a reference, images or links to any work carried out for the Client in a portfolio of work on this or any other website owned by the developer.
The Client agrees to abide by the terms of any third party software or media included within any work carried out on behalf of the Client. Examples of this include, but are not limited to, Google Maps, Creative Commons license Media licenses and RSS feeds.
Payment terms between Web Interaction and Client
Unless otherwise agreed a non refundable deposit of 50% of the total fee agreed shall be payable on accepting the work order or quotation.
The work order or quotation will clearly show all the items included in the work to be carried out by the Developer and approved by the client.
The balance of 50% will become due when the work is approved and completed to the reasonable satisfaction of the client and prior to going live on a clients server.
Payments should be paid by either Pay Pal or Bank Transfer. the Developer shall not be liable for any bank or payment charges made by the clients bank or financial institution.
Web Interaction reserves the right to not commence the work approved by the client until the initial deposit has been received.
There shall be a late payment charge of £30 to cover administration costs and £75 should the web site be disconnected due to any late charges by the client.
Web Interaction is entitled to vary the charges but will contact the client of any said variations as soon as is reasonably possible and at least 7 DAYS in advance of the new charges.
Web Interaction will not be liable or responsible for any telecommunication charges. The customer acknowledges that these services remain solely the responsibility of the Client.
If the charges are not paid in accordance with the business invoice, Web Interaction ( the Developer ) or its legal representatives shall be entitled to ( as is permitted by law and without prejudice to any other rights ) charge interest on the outstanding amount (both before and after judgement) at the rate of 15% above the base rate as confirmed by the Santander Bank plc, from and including the due date but excluding the date the outstanding amount is paid in full.
The client shall approve the final work as informed by Web Interaction (the Developer) within a 7 day review period. If the customer will not approve subsequent work performed by the Developer or its intent to remedy any points reported by the client as unsatisfactory, the Developer will consider that the client is unreasonable in his repeated rejection of the work.
In this case the Developer or its legal representatives may take legal measures to recover both payment for the completed work and reasonable expenses incurred in recovering payment.
There will be a minimum service charge of £150 per website regarding the migration to a third party such as a web developer or hosting provider.
All payments made to the Developer are non-refundable.
Pay monthly websites
For clients who contract one of our pay monthly website packages the following shall also apply.
All monthly payments must be paid on the agreed day each month.
Failure to settle any payments on the agreed date will result in all services being temporary suspended.
Failure to settle any monthly fees 7 days after the agreed date will result in all services being permanently suspended and cancelled.
There will be a minimum £100 charge to reinstate any services that have been permanently suspended or cancelled.
We shall not be liable for any bank charges made to the client due to paying the monthly fees.
The Buy Out fee for the website shall be agreed in writing prior to commencing work.
There is a minimum service charge of £75 to migrate websites and domains to a third party.
Fulfillment of the work carried out by Web Interaction for the Client
The full and final payment by the Client to the Developer is recognition that the work has been carried out to the entire satisfaction of the Client.
The Developer reserves the right to charge for any additional work or services ordered by the Client after the final payment has been received and which where not part of the original work order.
Domain names and Hosting
Web Interaction may provide Domain names and hosting via third party services.
Any support relating to the domain name, hosting and email services is between the Client and the third party service.
Hosting packages must be paid one year in advance. 3 or 6 monthly payments may be arranged by prior agreement.
Domain Names: including .co.uk/.com/.net/.org/.info/.biz and other domains must be paid 12 months in advance plus administration charges, unless otherwise stated.
The client agrees to indemnify the Developer, including any incidental costs, any claims that a domain name which has been applied for, or obtained, violates the intellectual property rights of a third party.
The Client warrants that the domain name sought is not a trademark of a third party.
Domain Name – the root address of a website, e.g. www.yourwebsiteaddress.com , this will be registered with the appropriate naming authority.
Payment for domain names and hosting services is to be made immediately on receipt of an invoice from the third party service. Failure to comply with the payment terms may result in the client’s domain name becoming available for sale to a third party and/or the website and email services becoming unavailable.
The Client agrees to be fully responsibility for the used domain name/s, hosting and email services and agrees to comply fully with the terms and conditions set out by the third party for said services.
The Client agrees to adhere to any legal responsibilities it may have owning and maintaining a domain name.
Search Engine rankings
The Client accepts that there is no guarantee by the Developer in achieving search engine placements or rankings.
Web Interaction does not control Search Engines’ algorithms and huge shifts can appear monthly, daily, weekly and even hourly.
Web Interaction shall not be responsible or liable for any drop or decline in the search engine rankings of any website.
Web Interaction makes every effort to ensure websites are designed to be viewed by the majority of visitors.
Web Interaction tests new websites work with the most popular current browsers (e.g. Google Chrome, Opera, Firefox, Internet Explorer, etc.).
Web Interaction cannot guarantee correct functionality with all browser software across different operating systems.
Web Interaction shall be liable or responsible 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.
Web Interaction reserves the right to provide a quotation for any work required in changing the website design or website code for the web pages to work with updated browser software.
Unless otherwise agreed in writing Web Interaction shall not be responsible for any of the following charges:
» Postage, shipping and handling.
» Telecommunication charges
» Web hosting charges for exceeding permitted traffic
» Any legal issues that are the responsibility of the Client.
» Any costs that have not been expressly agreed with the Developer.
Maintenance plans and charges typically include one, various or all of the following services:
» General support via email and telephone during normal working hours.
» Support in the office or address of the client.
» Web site backups.
» General website plugin updates.
» General website maintenance.
Web Interaction provides the website and the contents on an ‘as is’ basis and makes no warranties with regard to the website and its contents, or fitness of services offered for a particular purpose.
Web Interaction cannot guarantee the functionality or operations of a Clients website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
Web Interaction shall NOT be responsible for any losses, claims, loss of income, any costs incurred or compensation caused to the Client or any of its partners, representatives or associate. This includes the following issues:
» Third party legal reclamation’s.
» Any downtime of the website through any circumstance outside the control of the Developer.
» Any downtime of the website caused through non payment of any fees owed to the Developer.
» Downtime caused by any third party hosting and domain service providers.
» Any loss of earnings or income due to any downtime of the clients website.
» Maintenance and correction of errors
» Misuse of the website by the Client
» Any breaches of copy-write by the Clients website from the use of text content and images used on the website.
» Any breaches of copy-write used on associated materials used by the client.
» Damage caused by the failure or use or misuse of its software.
» Any modifications of the Website by third parties.
» Any bugs or performance issues that affect the website
» Attacks on the website caused by hackers, malware and other malicious code forced on the website by unscrupulous third parties.
» Any responsibility, damages or losses incurred by any third parties using the Clients website.
Web Interaction is available to help and assist existing clients with general questions about any work carried out by us on behalf of the Client.
We may be contacted either via telephone or email: firstname.lastname@example.org
Where the Developer has organised domain and hosting accounts via a third party service a support line may be provided for assistance relating exclusively to hosting and domain issues.
Unless otherwise agreed general support does not include
» Any new coding.
» Any alterations or modifications to the clients website.
» Creating new pages or posts.
» Adding new scripts, videos, images, text or plugins.
» Any additional work that was not originally paid for by the client.
» Changing or migrating websites to new hosting providers.
» Modifying hosting and domain name arrangements.
» Website maintenance
» Continual support that has not been previously paid for.
» Any other work not agreed by the developer and the client.
Rights and Responsibilities
Web Interaction reserves the right to refuse or break a work agreement / contract without prior notice, if it is believed that the customer, their business, or any material is illegal, immoral or otherwise unacceptable.
Web Interaction shall not be liable for breach of contract due to hosting failure, software, hardware or electrical failure, natural events such as fire, flooding or other events beyond the control of the Developer.
Web Interaction shall have no liability to the Client or any third parties for any damages, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate the web pages or website, even if the Developer has been advised of the possibility of such damages.
Web Interaction reserves the right to use other website developer services, third party hardware and software and IT professionals as and when necessary or appropriate at the time to deliver any projects to the client.
Web Interaction reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client is in breach of these terms and conditions.
Web Interaction shall be sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.
These terms and conditions may change at any time without prior notice.