Website Design - Terms & Conditions
View a printer friendly version
(Please ensure that you read and understand these conditions before paying your advance fee.)
Definitions
| VermaDesign | Refers to Mr Devender Singh Verma T/A VermaDesign of 63 Princes Avenue, Tolworth, Surrey KT6 7JL. |
| The Client | The company or individual requesting the services of VermaDesign |
Service Provided
1. These Terms & Conditions apply to the services of VermaDesign and the provision of web design, website hosting, domain registrations, search engine optimisation, eCommerce, blogs, graphic & logo design and content management systems.
Data Gathering
2. An initial meeting will be held in order to gather detailed information regarding the Client’s requirements. VermaDesign can conduct this initial meeting either face-to-face, by telephone or via the internet. Please note that face-to-face meetings are primarily available for Clients that are within a reasonable distance of VermaDesign’s offices. Should a face-to-face meeting be required that is not within a reasonable distance, VermaDesign can assist but reserves the right to charge travel expenses to the Client. VermaDesign will notify the Client of any such charge if applicable as well as the amount prior to booking a meeting.
3. The information gathered will be fairly comprehensive and it is strongly recommended that the Client have this information to hand prior to the initial meeting. The type of information required will be the theme or industry of the website, the desired number and content of pages, colour schemes, existing company branding and compliance with that branding, photos and images, existing logos, website functionality and navigation. VermaDesign advises that our Clients take a look at a number of websites including competitor websites to help form ideas for design and structure. VermaDesign recommends our Clients make note of these features for illustration purposes.
4. VermaDesign will comment on the feasibility of the Client’s ideas and requirements and will offer recommendations for design and structure where appropriate.
Quotation
5. A quotation will be based on the information gathered at the initial meeting and will be issued in writing. VermaDesign agrees to design the website to the specification as per the initial meeting and at the price specified.
6. Any requirements not listed on the quotation or listed incorrectly must be brought to VermaDesign’s attention immediately as this may affect the price quoted. The price quoted to the client is for the work specifically agreed on the quotation only. Should the Client decide that changes are required after work on the website has commenced there may be a surcharge.
7. Unless otherwise agreed any quotation provided will be valid for 30 days from the date of issue.
8. The issue of a quotation does not obligate VermaDesign to carry out the work specified. VermaDesign is only committed to completing the work upon acceptance of the quotation.
Acceptance
9. The Client’s approval to commence work by formally accepting the quotation shall be deemed as a contractual agreement between the Client and VermaDesign.
10. Acceptance of a quotation and approval for the work to commence occurs upon payment in full of the First Advance Fee and a signed copy of the quotation being returned to VermaDesign.
11. By returning a signed copy of the quotation, the Client is agrees to these Terms & Conditions and confirms that the information gathered on the quotation is complete and accurate.
12. The Client must ensure that VermaDesign is not delayed as a result of late delivery of material and content required to complete the website and VermaDesign recommends that this content be made available on or prior to accepting a quotation. Should this content not be provided in a timely fashion, VermaDesign reserves the right to impose a Late Delivery Charge (see paragraph 33).
13. If the job specification involves Search Engine Optimisation, the text content for the site is required on or prior to acceptance so that the SEO can be planned and completed efficiently.
14.Should the Client fail to provide the necessary content within four weeks of acceptance, VermaDesign reserves the right to close the project and the balance remaining becomes payable immediately.
15. The Client's statutory rights are not affected by agreeing to these Terms & Conditions.
Design
16. For each website, typically one site mock up will be created to allow the Client to visualise the design although more will be provided for more complex websites. Should the Client require additional mock ups, this can be provided at an additional cost.
17. The mock up design will be presented to the Client and suggestions for design amendments will be discussed. Any amendments that deviate from the initial specification may incur an amendment charge.
18. During the design stage, the Client will be able to monitor progress of their website development via the VermaDesign’s online client area. This area is secured via a username and password and must be kept strictly confidential at all times.
19. Upon acceptance by the Client of the web design, the Second Advance Fee will be payable.
Completion
20. Upon completion of the design, the Final Advance Fee or outstanding balance will be payable by the Client.
21. VermaDesign reserves the right to refuse to launch or deliver all content material until the outstanding balance is paid in full.
22. VermaDesign will add a screenshot and short description of the newly developed website to VermaDesign’s work portfolio and will provide a link to promote the Client’s website. If the Client wishes to opt out of this service, they must notify VermaDesign.
23. VermaDesign will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer, Mozilla browsers, Safari and Google Chrome. VermaDesign can offer no guarantees of correct function with other browser software or future servers.
24. VermaDesign may require ongoing access to our Clients’ hosting space to allow VermaDesign to support and monitor their websites. This access is via a user ID and password combination, which the Client may change after the website is handed over. If the Client chooses to change the password, VermaDesign will no longer have access to the website and further support will not be possible. VermaDesign cannot be held responsible for any changes made to the website by the Client or the Client’s agents.
25. The completed website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand VermaDesign is not responsible for future support. Support can be provided upon request for an agreed fee. The design of a website is offered as a single contract and no guarantee of the availability of future support from VermaDesign is offered unless an ongoing support package has been agreed.
26. Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. Whilst it is highly unlikely that these will affect the website during development, VermaDesign will endeavour to protect it from this as much as possible. After the website is handed over VermaDesign cannot be held responsible for problems caused by illegal activity or the actions of others.
Fees / Payment
27. First Advance Fee: An initial fee of 25% of the quotation price is required before work can commence and is part of accepting a quotation.
28. Second Advance Fee: A second fee of 25% of the quotation price is required upon the acceptance of a web design by the Client.
29. Final Advance Fee: The balance outstanding of the quotation price plus additional charges is payable upon completion of the website. VermaDesign reserves the right to withhold launching the website or delivering the content until such balance is paid.
30. Domain Registration Charges: All third party costs arising from the registration of a domain name shall be met by the Client. VermaDesign recommends that Clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the Client’s behalf we agree to transfer this domain name to the Client immediately upon request and without charge.
31. Amendment Charge: Should the specification of the website alter from the initial meeting, VermaDesign reserves the right to charge a fee for the additional work. The Client will be notified of this additional cost and reserves the right to choose whether to proceed with the amendment.
32. Travel Time and Travel Expenses: Travelling time to and from customer premises is not generally included in our estimate. VermaDesign reserves the right to make a charge for travelling time at our current hourly rate. Likewise VermaDesign reserves the right to charge for travelling expenses based on 40p per mile. (NOTE: There will be no charges for travelling time or expenses incurred during the initial meeting unless specified)
33. Late Delivery Charge: Should the Client fail to deliver necessary materials or content that as a result causes a delay in the development of the website, VermaDesign reserves the right to charge a Late Delivery Charge of up to 25% of the quotation price.
34. Payment Methods: Unless otherwise agreed, payment is only accepted by BACS, CHAPS, credit card, cheque or bankers draft in UK Pounds Sterling. If the cheque is returned by the bank as unpaid for any reason, the Client will be liable for a "returned cheque" charge of £35.
35. Payment by Credit Card: Credit card payments are accepted via our PayPal electronic invoicing system. These payments are subject to a 4% surcharge.
36. Late Payment Penalty: Accounts that have not been settled within 7 days of VermaDesign's final reminder will incur a late payment charge of 10% of the amount outstanding.
Cancellation & Refunds
37. Should the Client wish to cancel at any point during the process it will remain liable for the work that has taken place and shall be invoiced accordingly.
38. Advance fees will only be refunded prior to acceptance of a quotation or should VermaDesign not be able to fulfil their obligations. For all other instances, Advance Fees are not refundable.
Additional Services
39. Conceptualising: Conceptualising is the process of producing website concepts for Clients. Concepts can include site mock ups, graphics and design proposals. This clearly takes a lot of time and for higher cost websites it will be included. For low cost sites (i.e. below £1,000), the Client should be aware that (unless previously agreed) only one concept is possible. The Client should therefore ensure that the preferred colour scheme and design requirements are provided to VermaDesign beforehand. In the absence of these requirements, VermaDesign may create a design for the website appropriately however, if this is not to the Client’s taste, VermaDesign may not be able to rework the website without additional charges. This is why it is often best to show VermaDesign another website as an example of what is required.
40. Website hosting: Whilst VermaDesign can provide hosting or can recommend hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. VermaDesign 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.
41. Search Engine Promotion: If Search Engine Optimisation has been agreed as part of the contract the Client must be aware that VermaDesign is not responsible for ongoing web site promotion. Should the Client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.
Compliance & Copyright
42. The website, graphics and any programming code remain the property of VermaDesign until all outstanding accounts are paid in full.
43. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by the VermaDesign remain the copyright of VermaDesign and may only be commercially reproduced or resold with VermaDesign’s permission.
44. VermaDesign cannot take responsibility for any copyright infringements caused by materials submitted by the Client and reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
45. Certain images provided by VermaDesign may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If the Client wishes to use any images from the site for other purposes please contact VermaDesign for clarification.
46. Websites are designed in accordance with the Client’s specifications. It is the Client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations. VermaDesign cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. VermaDesign recommends that where complex compliance issues may exist or there is a degree of uncertainty, the Client seeks legal advice.
Complaints
47. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, VermaDesign cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
48. VermaDesign has adequate insurance in the form of Public Liability & Professional Indemnity Insurance. A copy of this policy is available on request.
49. If the Client experiences a problem with their web service provided by VermaDesign should raise the matter clearly outlining the grounds for complaint in writing. VermaDesign will acknowledge receipt of the complaint and provide an initial response within seven days of receipt. A full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
Privacy
50. VermaDesign will not share or sell any Client details with third party companies, without the express consent of the Client. VermaDesign will only email or contact Clients about work related matters.
Notice of Change
51. Should VermaDesign waive any of these terms on an individual basis, this shall not affect the validity of the remaining clauses or commit VermaDesign to waive the same clause on any other occasion.
52. VermaDesign reserves the right to change or modify any of these Terms or Conditions at any time. Should clarification of any of the above be required please contact us. An up-to-date copy of these Terms and Conditions is available at http://www.vermadesign.co.uk/terms-conditions/.
Last updated: 9 November 2009