Web Design Terms and Conditions
Issue date : 01.01.05. Effective Immediately
Updated: 01.03.07
Authorisation
The client is engaging LOS Design UK as an independent contractor for the specific project of developing and/or improving a web site to be installed on the client's web space on an Internet Service Provider's computer. The client hereby authorises LOS Design UK to access this account, and authorises the Internet Service Provider to allow LOS Design UK with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project.
By authorising LOS Design to carry out a design, re-design, updates or management of your site, you are clearly demonstrating positive assent to these terms and conditions and are deemed to be in agreement with and bound by the terms displayed below.
Web Hosting
The client understands that any web hosting services require a separate contract with the web hosting service (unless the client requests to use our servers). The client agrees to select a web hosting service which allows LOS Design UK full access to the web site via FTP.
Web Hosting Support
All web hosting support including domain name registrations and renewals, email, technical issues, propagation issues and server maintenance is managed by 4Sure Hosting. A direct contact point will be issued upon contract commencement.
Changes to Submitted Text
Time required to make substantive changes to client-submitted text after the Web pages have been constructed will be additional, billed at a per instance basis unless you have signed up for our Web MD services.
Copyrights and Trademarks
The client represents to LOS Design UK and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to LOS Design UK for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend LOS Design UK and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Copyright to Web Pages
While your site is in development LOS Design UK owns the Copyright to all pages. Once your site is completed and you have paid the balance of your invoice the copyrights are then transferred to you. The only clause is that LOS Design UK does not permit you to resell our work.
Post Placement Alterations
LOS Design UK cannot accept responsibility for any alterations made by the client or third parties to the client's pages once placed. Such alterations include, but are not limited to, additions, modifications, or deletions.
Refusal to Service
LOS Design UK reserves the right to refuse service for any material that the LOS Design UK feels is not legal, moral or in the best interest of LOS Design UK but LOS Design UK is not responsible for the content of any materials.
Errors and Omissions
LOS Design UK will use good faith to ensure pages authored by LOS Design UK are free of errors however, LOS Design UK may not be held responsible for any errors that may arise in the course of authoring any pages. LOS Design UK does not accept any liability for losses or damages arising from errors within any page or if web search submissions are not accepted.
It is the client's responsibility to proof their own pages for errors and inform LOS Design UK of those along with any changes in layout requested by the client. This process must begin immediately after the pages are posted to the web host for the client to view. If the client is not satisfied with the site changes made to an existing web site or store (not new design), it is the clients sole responsibility to either revert back to the previous design or snapshot (when using Actinic) whilst corrective action is taken.
LOS Design UK will correct minor text changes at no charge for 30 days from the date the site is posted to the web host's server. After 30 days, changes will be charged on a per instance basis.
Payment of Design Fees
Payment to LOS Design UK is due and payable on the following schedule.
- 50% Deposit upon agreement with the quote and project scope*
- 50% Balance paid upon completion and client sign off
All payments will be made in UK funds. Payments must be made promptly. Upon payment of the balance, the site being developed will be transferred onto your designated servers. Until this time, all sites under development will remain on LOS Design development servers.
*This excludes any software costs. These must be paid for in advance direct to the software supplier.
Payment of Hosting Fees
All payments will be made in UK funds within 7 days of issue. Payments must be made promptly. Delinquent bills will be assessed a £125 administration charge if payment is not received by the due date. If an amount remains delinquent 14 days after its due date, an additional 10% penalty will be added for each month of delinquency. LOS Design UK reserves the right to remove web pages from viewing on the Internet until final payment is made. If an account exceeds 21 days after its due date, we reserve the right to archive the web space and its contents. It will remain the clients responsibility at all times to ensure all the web content is backed up and we accept no responsibility for the loss of data as a result of archiving due to non payment.
In case collection proves necessary, the client agrees to pay all fees incurred by that process (including all legal fees and court costs). This agreement becomes effective only when signed by LOS Design UK regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Leicester, Leicestershire, and any dispute will be litigated or arbitrated in Leicester County County.
LOS Design Web MD Services
Our Web MD services are available on a first come, first served basis and are subject to the following restrictions. These restrictions apply to your specific package unless otherwise stated.
Subject to location. All traveling expenses are payable by you, the client and you are subject to a call out fee of £75.00 (plus VAT). Once onsite, our services are charged at a fixed rate of £50.00 per hour for a minimum of 1 hour per call out. Onsite support is available to UK based clients only. All fees will be quoted prior to travel and all fees will be payable in advance. This applies to all packs.
Our hardware support services are based on an 'advice only' basis and no hardware repair service will be offered. Non-repair rectification will be available (such as registry error correction, software issue resolution and infection removal etc.) This applies to all packs.
Cancellation
Either party may cancel this agreement upon written notification, however any charges incurred to the date of receipt of notification shall be immediately due and payable. Charges shall be for any work in progress, contracted services fees, or software purchases for the purpose to suit the client's needs.
Legal Notice
Notwithstanding anything to the contrary contained in this contract, neither LOS Design UK nor any of its employees or agents warrants that the functions contained in this web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of this web design project is with the Client. In no event will LOS Design UK be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if LOS Design UK has been advised of the possibility of such damages.
Links
LOS Design UK reserves the right to append a small hyperlink to LOS Design UK's home page at the bottom of each page unless the client specifically requests in writing, signed & dated by both parties.
Sole Agreement
The agreement contained in this document constitutes the sole agreement between LOS Design UK and the client regarding this web site Any additional work not specified in this contract must be authorised by a written change order. All prices specified in this contract will be honoured for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.
Completion Date
LOS Design UK and the client must work together to complete the web site in a timely manner. If the client does not supply LOS Design UK with the web site content in an electronic format (namely word documents, csv files, excel spreadsheets and .png, .jpg or .gif formats) prior to the project commencement date, LOS Design UK may not be held responsible for any delay as a result nor may LOS Design UK be held responsible for any delay in launch due to client errors (this includes usage of software and/or ftp work the client may wish to do in-house). If you are unsure of how to use the software you require, why not consider our Web MD Services.
Initial Payment, Cancellation and Refund Policy:
If the client halts work after this agreement is signed the initial payment will be returned less the amount due based on the current hourly rate for the work completed, or £99.00, the greater of the two. Cancellation must be in writing and is effective upon receipt at LOS Design UK Notice must be mailed, e-mailed, or faxed to LOS Design UK Work completed shall be billed the current hourly rate. If at the time of the cancellation work has been completed the client shall be liable to pay the entire contract
The user of this site agrees to the terms of this agreement on behalf of his or her organisation or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.