The following terms and conditions apply to all services (listed but not limited too; Graphic Design, Website and Email Hosting, Domain names – purchase and/or renewal, Website development and Website design) provided by Web Squared Limited to you the Client.
Accepting the Terms and Conditions
It is not necessary for you the Client to have signed an acceptance of these terms and conditions for them to apply. If you the Client accepts a quote from Web Squared Limited then you the Client will be deemed to have satisfied themselves as to the terms applied and have accepted these terms and conditions in full.
So please read these terms and conditions carefully. Any work, purchase or use of our services implies that you have read and accepted our terms and conditions.
Costs
Charges for services to be provided by Web Squared Limited have been defined in the quote that you the Client received via e-mail. Quotes are valid for a period of 30 days. Web Squared Limited does reserves the right to alter or decline to provide an additional quote after the 30 days has expired.
Unless agreed otherwise, all website design or build services require an advance payment of forty percent (40%) of the quote total before the work is commenced. A second amount of fifty percent (50%) when the site is live on the test server, with the remaining ten percent (10%) after the site has gone live – payable within seven (7) days.
Payment for any work is due by cheque or bank transfer. Cheques should be made payable to Web Squared Limited and sent to Web Squared Limited, Finlandia, Andover Road, Ludgershall, Andover SP11 9PD.
BACS Bank details are included on all invoices and are;
Web Squared Limited
Sort Code: 30-95-89
Account Number: 03321415
Your Website Client Review
Web Squared Limited will provide you the Client with an opportunity to review the appearance and content of the website during the design phase until the overall website development is completed.
It is your responsibility to provide up to date information for your Website. Amendments can be made where necessary by contacting Web Squared Limited if your website is not using a content management system. Web Squared Limited will not take responsibility for any inaccuracies that have not been notified.
You will be sent a link to check your Website before it is set live. When you respond to agree its content, you are agreeing that all information is present and correct. Web Squared Limited will not take responsibility for anything incorrect that has been approved.
Turnaround and Content Control
Web Squared Limited will fulfil, install, make live or supply designs by the date specified in the quote, or at date agreed, unless a delay is specifically requested by you the Client and agreed by Web Squared Limited.
During the project, Web Squared Limited will require you the Client to provide all content as specified within the quote; for example; artwork, text, imagery, video and sound files.
Failure to provide website content:
As Web Squared Limited is a single person business, to remain efficient I must ensure that work I have scheduled is carried out at the appointed time. On occasions I may have to reject or delay offers for other work and enquiries to ensure that your work is completed at the arranged time.
This is why I ask that you provide all the required information either in advance or at an agreed date. On any occasion where progress cannot be made with your work because I have not been given the expected information in the agreed time frame, I reserve the right to impose a surcharge of up to 25%.
If you agree to provide me with the required information and subsequently fail to do within one week of starting I reserve the right to delay the project until after scheduled works have been completed. Best way do not give me the go ahead to start until you are ready to do so.
Text content should be delivered as Word, email (or similar) documents with the pages representing the content of the relevant pages on the website. These pages should have the same titles as the agreed website pages.
Payment
Invoices are sent via email; unless otherwise requested. Invoices are due within seven (7) days. Interest on overdue invoices will be charged at 5% per week when invoices are 30 days overdue.
The payment for the hosting of your Website on Web Squared Limited servers is in addition to the cost of your Website build and is payable annually. The quote for the services will include the first years hosting fee. After that you will then be contacted a month or two before your hosting renewal is due for payment.
Additional Expenses
You the Client agrees to reimburse Web Squared Limited for any additional expenses necessary for the completion of the work. Examples would be purchase of additional fonts, plugins, modules or stock photography that was not included within the quote.
Browsers
Whilst Web Squared Limited makes every effort to ensure websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, Safari etc.). You the Client agrees that Web Squared Limited cannot guarantee correct functionality with all browser software across all different operating systems and mediums (phones, tablets, PC and Macs).
Web Squared Limited cannot accept responsibility for web pages which do not display acceptably in newer versions of browsers released after the website has been designed and handed over to you the Client. In this scenario, Web Squared Limited reserves the right to quote for any work involved in changing/or updating the website design or website code for it to work with updated browser software.
Web Browsers – including browser for PC, Mac, tablets and smartphones.
Non-payment / Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If you the Client has any information or files on Web Squared Limited’s Web space or servers, Web Squared Limited will, at its discretion, suspend all emails, websites and activity. If you have your website on your own hosting account then I will look at suspending the work that has been unpaid for on your servers as well.
Web Squared Limited is not responsible for any loss of data incurred due to the suspension of the services. Suspension does not relieve the Client of the obligation to pay any outstanding charges on the Client’s account.
Cheques returned for insufficient funds will include a return charge of £25 and the Client’s account will immediately be put into default until full payment is received.
Clients with accounts in default agree to pay Web Squared Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Web Squared Limited in enforcing these Terms and Conditions.
The data will be deleted and removed from Web Squared Limited servers after sixty (60) days if not money has been received.
Termination
Termination of services by you the Client must be requested by email or letter and will be effective on receipt of such notice. You the Client will be invoiced for any work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Indemnity
All Web Squared Limited services may be used for lawful purposes only. You the Client agree to indemnify and hold Web Squared Limited harmless from any claims resulting from your use of our service that damages you or any other party.
Copyright
You the Client retains the copyright to data, files and graphic logos provided by you, and grants Web Squared Limited the rights to publish and use such material. You must obtain permission and rights to use any information or files that are copyrighted by a third party. You are also further responsible for granting Web Squared Limited permission and rights for use of the same and agrees to indemnify and hold harmless Web Squared Limited 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 you the Client to Web Squared Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Credit
A link to Web Squared Limited will appear at the bottom of the Client’s website. You can request that the design credit be removed. You also agree that the design and/or website developed for the Client may be presented in Web Squared Limited’s portfolio (online and offline).
Access Requirements
If the Client’s website is to be installed on a third-party server, Web Squared Limited must be granted read/write access to the Client’s control panel and server (via FTP). Depending on the specific nature of the project, other resources might also need to be configured on the server.
Alterations
Web Squared Limited cannot accept responsibility for any alterations by a third party to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
Domain Names
Web Squared Limited may purchase domain names on your behalf. The domain names purchased at Web Squared Limited reseller account will be in the Client names and address details but with Web Squared email address (to aid with set up). Web Squared Limited will contact you the Client when renewals are due and make the renewal at your agreement. If you have not agreed to renewal the domain names won’t be renewed and will go into redemption. The cost for rescuing a domain name in retention is at £50+the usual renewal fee.
For domain names not within Web Squared Limited reseller accounts the payment and 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 Web Squared Limited.
On Client request Web Squared Limited will happily transfer any of the domain names out of Web Squared Limited reseller account and into one of the Clients choosing, there will be a minimal cost applied to this transfer especially if the transfer itself requests it.
Support
While a website is hosted with Web Squared Limited, I shall be available between the hours of 8.30am and 5.00pm Monday – Friday. Excluding holidays and bank holidays. Within a reasonable time period I will look to fix any issues with the website which are not due to a Clients doing.
Abuse
Web Squared Limited will not tolerate any form of harassment against it’s employees from customers or third parties and I reserve the right to cancel any contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards myself thereafter any further communication must be via postal mail only.
General
These Terms and Conditions supersede all previous representations, understandings or agreements. Payment of a fee based against a quote constitutes agreement to and acceptance of these Terms and Conditions. These Terms and Conditions can and will be updated and subject to change without notice.
Governing Law
This Agreement shall be governed by English Law.
Liability
Web Squared Limited hereby excludes itself, any 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 Web Squared Limited 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,
