Terms of Service

Website Design and e-Commerce Store Development

All services offered by LOS Design are deemed as bespoke and all agreements entered into abide by this and the agreements as set out below.

This agreement is by and between you and your company hereafter “The Client” and LOS Design UK, hereafter “The Company”. All work carried out and contact with LOS Design is covered by our non-disclosure agreement.

LOS Design will work diligently towards providing you with a bespoke service. Your website or ecommerce store will be delivered and bound by the terms shown below.

The fixed price for this type of project is stated on the product page plus VAT at the current rate. This price excludes support, product population, site copy writing (except otherwise stated), site management, flash programming, database building and any other services deemed NON STANDARD as stated below.

• Standard work includes website theme design, code layout, product displays and software installation
• A point of contact (form) and newsletter forms are also deemed standard work
• Software installation is subject to FTP access being granted when not hosted by LOS Design
• CMS includes Joomla, Wordpress, PHPBB3, Actinic, Drupal, OSCommerce, Zencart and X-Cart
• You are required to pay a deposit within 5 days of the quote issued
• After this time, your start date will be available to offer from other clients
• Payment is to be made via BACs (UK Only) or Paypal and is subject to VAT
• The price is FIXED in line with the project scope to be agreed
• The balance is payable only after both parties agree the scope has been met
• A project scope and agreement will be issued along with all quotes
• A confirmed delivery date will be supplied at the time of quote and is subject to deposit receipt
• Hosting services are free of charge for the first 12 months ONLY and is an optional service
• Upon deposit receipt, we will supply designs for your approval
• Your project time will be up to 4 to 12 weeks from the date of design direction agreement

It is the clients responsibility to supply all images for products and/or services and as such LOS Design UK are not liable for any copyright breaches that may occur due image content being supplied.

LOS Design are no liable for the late delivery of an agreed project, if the client does not supply the required content as requested by LOS Design UK.

Web Site Maintenance Agreement

“The Client” is contracting “The Company” as a provider of web site maintenance services. Services not considered ’standard website maintenance’ as defined below are subject to be charged at a regular hourly rate of £69.99 per hour plus VAT at the current rate and will not be considered part of this contract.

Standard website maintenance tasks to be carried out by The Company:

• A Wordpress or Joomla theme to be developed and released for client use.
• Wordpress or Joomla version updates within 24 hours of release.
• Wordpress or Joomla plug-in/component updates within 48 hours of release.
• Hosting services free of charge for the duration of the contract.
• Site content is to be checked for errors and confirmed as error free via both parties.
• 1 new article of 250 words or more to be published per calendar month.
• A full search engine ranking report to be issued per quarter.
• A full competitive analysis to be supplied per quarter.
• A comprehensive plan for online progress to be supplied per quarter.
• Consultation and guidance on the use of the web site.
• Maintain a full backup of web site through the duration of this contract. This backup will be delivered in full to client on closing of this contract.
• Assist in the creation of marketing materials such as custom email or banner advertisements. Marketing materials must be based on current site design only; new designs are not included in this contract.

What is NOT included in this agreement:

• Static web site redesign, re-alignment or re-development.
• Flash development or programming
• CMS design or integration including but not limited to blogs, shopping carts and web forums. These require a separate design agreement.

Total Agreement:

During the duration of this contract, the “The Client” agrees that the “The Company” will be the sole provider of maintenance services for the web site, and no other party will have access to or rights to change the web site. If a party other than the “The Company” makes changes to the web site any errors that are created, that must be repaired will be charged for at the hourly rate specified above.

Payment

“The Client” agrees to compensate “The Company” ¼ in advance for the first invoice, then for subsequent invoices on the first day of each month via standing order.

A 1 month lapse or a failure to activate a standing order within the first 2 months of service will trigger quarterly invoices payable on demand.

Standard website maintenance – £59.99 (plus VAT) per month.

In the event “The Client” fails to adhere to the schedule of payment referenced by the deadline set forth, “The Company” retains the rights, but are not obligated, to pursue any or all of the following remedies:

• Invoice the client for any unpaid web design work*
• Terminate the Agreement
• Immediately stop all works-in-progress or remove unpaid for material
• Switch off and suspend hosting services including access to web space
• Commence legal action

Deadlines & Deliverables:

“The Company” will respond to all maintenance requests from “The Client” within 2 hours on weekdays via email or phone, with a confirmation that the request was received, and an estimated completion date for each action item in the request. Maintenance requests received after 2:00pm GMT may not be completed until the next business day unless prior arrangements have been made.

“The Company” will adhere to all quoted deadlines for the deliverables in the maintenance requests at all possible costs. In the event that “The Company” has any issues in delivering on a quoted deadline, “The Client” will be notified via email or telephone the reasoning for any change.

Additional Services:

Any revisions, additions or redesign “The Client” requests “The Company” to perform that is not specified in this document shall be considered “additional” and will require separate agreement and payment. “The Company” shall advise “The Client” on any requested work that falls within these bounds.

Authorisation:

“The Client” hereby authorises “The Company” to access their web hosting account, providing active user name / password combinations for access to the server via FTP, assuring that ‘write permissions’ are in place on said hosting provider.

Termination:

“The Client” may cancel this website maintenance agreement at any time, by providing one month’s written notice, provided that payment is up-to-date.

“The Company” reserves the right cancel this website maintenance agreement at any time, for any reason, without prior notification and will provide a cancellation notice either electronically or in writing sent to the address of record.

Legal:

“The Client” and “The Consultant” are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither “The Client” nor “The Consultant” has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.

This Agreement shall be governed by and construed in accordance with the laws of England and Wales applicable therein.

Service Late Payments

IMPORTANT: All of our services are offered on a BESPOKE basis and each invoice is due for payment within 5 days of the original issue. Our services will be curtailed in line with the below guidelines for overdue accounts.

Website Maintenance: All monthly invoices are due on the 1st of each month. If cleared payment is not received on this date by standing order (or BACs/Cash deposit), all services may be put on hold until they are received.

If you are also being hosted on our servers, you will also be liable to the account restrictions as stated below.

*Website Maintenance Design Service: I offer retained clients an annual website maintenance package alongside a FREE web design application. If you have been allocated a new web design alongside your service contract, this is subject to an annual contract and failure to maintain monthly payments (if you fall 21 days into arrears*) will deem you liable to pay the FULL DESIGN COSTS for this site. This is set at £999.99 plus VAT.

Website Hosting And Website Maintenance: All renewal invoices are due within 5 days of the original issue date. If cleared payment is not received via BACs or cash deposit, the following actions may be taken against your account;

• 5 – 14 days overdue, account access restricted (Reminders 1 & 2)
• 14-28 days overdue, account suspended and website removed (Reminder 3)
• Over 28 days, account archived and website content deleted* (Final notice)

*It is your responsibility to ensure that all website content is backed up. If you do not, you may lose your web content. It is not LOS Designs responsibility to back up your content in the event of non-payment.

Invoice And Due Dates: The date of payment falls due is on the date the invoice is issued (the tax point). All invoices are issued on a ‘Payment on demand’ basis.

Company Information. LOS Design UK and ITsold are both trading names of Daren Jepcote, me. I am VAT registered and all my services are supplied subject to VAT at the current rate. My VAT registration number is 868 4015 07. I trade as a sole trader and I am not incorporated as a limited company.