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Terms and Conditions
These terms and conditions shall apply to the agreement between "DS Web Designer Ltd" and the "Client" applying for the provision of freelance web site design, web or software development services by DS Web Designer Ltd
These terms and conditions contain the entire agreement between us relating to the subject matter covered, and supersede any previous agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.
Definitions
"The Client" : The company or individual requesting the services of DS Web Designer Ltd.
"DS Web Designer Ltd" David Steele or any employee of DS Web Designer Ltd.
General
DS Web Designer Ltd will carry out work only where an agreement is provided either by email, telephone or mail. DS Web Designer 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 DS Web Designer 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, DS Web Designer 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 DS Web Designer Ltd untill all outstanding accounts are paid in full.
DS Web Designer Ltd cannot take responsibility for any copyright infringements caused by materials submitted by the client. The designer reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of DS Web Designer Ltd and where no charge is made by DS Web Designer Ltd for such additions, DS Web Designer Ltd accepts 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 DS Web Designer Ltd all materials required to complete the site to the agreed standard and within the set deadline.
DS Web Designer Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
DS Web Designer 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 wrong doing on the part of a site owner.
DS Web Designer 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.
DS Web Designer 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.
DS Web Designer Ltd reserves the right to refuse to handle in any way:
(a) any material which is inappropriate or unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
(b) any material containing a virus or other hostile computer program;
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction;
Once a website has been designed and completed the final balance of payment is then due in accordance with the payment terms (see below). There are no exceptions to this. i.e: If the client decides they no longer require the website, but have commissioned the work, they are still obliged to pay for the work that has been carried out. Non payment will result in legal action being taken if necessary.
Web Applications / Databases / E-Commerce Development
DS Web Designer Ltdcannot take responsibility for any losses incurred by the use of any software created or customised for the client. Whilst every care is 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.
Where applications or sites are developed on servers not provided by DS Web Designer 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 DS Web Designer Ltd before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, DS Web Designer Ltd will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Search Engine Optimisation
No guarantees will be given as to a client's website position in the search engines as the search engines change their ranking algorithms on a regular basis. Additionally, both new sites and competitor sites may be being optimised and submitted everyday.
SEO work carried out by DS Web Designer Ltd aims to increase visibility and ranking, but It is not possible to give a 100% guarantee for any specific result on any search engine, nor can DS Web Designer Ltd quantify the level of increased traffic or sales, as a result of any SEO campaign.
Compatibility
DS Web Designer Ltd will endeavor to ensure that any developed/designed website or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 7 and to an acceptable level with Mozilla browsers. DS Web Designer Ltd can offer no guarantees of correct function with all browser software.
Website Hosting Provider
Whilst DS Web Designer Ltd provides hosting accounts, no guarantees can be made as to the availability or interruption of this service. DS Web Designer 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.
Payment of Accounts
A deposit of 25% may be requested for a project before any design work is carried out. It is the policy of DS Web Designer Ltd that any outstanding accounts for work carried out by DS Web Designer Ltd are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. DS Web Designer Ltd 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 DS Web Designer Ltd has not been contacted regarding the delay, access to the related website may be denied and web pages removed.DS Web Designer Ltd 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.
Cancellation of accounts
Cancellations of accounts should be directed to info@dswebdesigner.co.uk. 7 days notice is required before cancelling your hosting account. If annual hosting charges are due, 30 days from the invoice date are given to notify DS Web Designer Ltd to request cancellation of website hosting. If no notice of cancellation has been provided within the 30 days of renewal invoice the hosting charge for the full year apply. Notice of cancellation given within 30 days of invoice will cancel the hosting account and no charge for the account will be due. Notice given after 30 days of invoice will incur full charge for the years hosting.
Site linking
A link will be placed on the clients website linking back to the DS Web Designer Ltd website. The link will be place in such a position as to not impinge on the clients website, but to serve as a tool to provide users access to the website creators. The link will usually be placed at the very bottom of each page below any body text depending on the site design. The link serves as an access route for users to navigate to the DS Web Designer Ltd website. This link is mandatory and must be displayed. If the client wishes to remove this link then a charge of £150 will apply.
The link will only direct the user to the main DS Web Designer Ltd website.
Complaints Procedure
In the unlikely event that a client experiences a problem with the services provided by DS Web Designer Ltd, the client should raise the matter directly with DS Web Designer Ltd, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. DS Web Designer Ltd will then endeavour to resolve the matter to the satisfaction of the complainant.
Email Procedure
E-mails sent from DS Web Designer Ltd contain information that may be confidential or privileged. If you are not the intended recipient please note that any copying, use, distribution or taking any action in reliance on the contents of e-mails is prohibited and unlawful. If you have received an e-mail in error, please notify the sender by telephone or e-mail immediately. Any opinions expressed are those of the author and do not necessarily represent the views of DS Web Designer Ltd. Any e-mail sent by DS Web Designer Ltd does not constitute either offer or acceptance of any contractually binding agreement; such offer or acceptance can only be communicated in writing.
DS Web Designer Ltd reserves the right to monitor and intercept e-mails sent and received on our network.
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