TERMS AND CONDITIONS FOR WEB DESIGN AND INTERNET/WEB APPLICATIONS

  1. a) Payment Terms For all orders over £500: Upon confirmation of the Customer’s order, the Company shall raise an invoice for 50% of the agreed price, this invoice shall be due for payment upon receipt. (please note on larger projects (over £4000) this may be reduced to 25% of the agreed price, this will be agreed at the sign off stage) Projects will only commence upon receipt of retainer payment.
    b) 25% of the agreed price will be payable one month (30 days) thereafter.
    c) The remaining 25% will be payable upon completion of the project or on the agreed completion date (Whichever is sooner). Please note all payments are due on completion of project. Files will only be released when full and final payment is received.
    d) Payment Terms for all orders under £500: Full payment will be payable upon completion of the project or on the agreed completion date (Whichever is sooner). Please note all payment terms are due prior to files being released (No files will ever be released until full payment is made).
  1. Term & Termination: In the event that the Customer gives written notice to terminate the continuation of the project ordered by him, should the Customer have already paid the first 50% invoice, then the Company is not bound to make any refund of that sum. Should the Company have already commenced work upon the project, and be able to demonstrate such progress to the Customer by presentation of materials written or created expressly for that project, then the Company reserves the right to serve an invoice upon the Customer for the final 50% portion of the project ordered by the Customer and hence proceed to completion and delivery. In the event of non-payment of any sum invoiced for work of this type, the Company reserves the right to offset sums received from the Customer for other categories of invoices in payment towards this category of service.
  1. Copyright: Except as specifically amended within the Quotation, the Company shall retain title to the copyright of all computer code written by employees of the Company, howsoever that code subsequently be applied to computer applications, and whether or not that code is embedded within software written for and sold to the Customer. Software written for and purchased by the Customer may also include embedded within it the proprietary computer code which forms the basis of the operating system or programming language or other computer utility, and the Company specifically excludes such proprietary code from this statement of copyright title where that code is subject to previously established copyright by it’s authors or where the code has been previously declared to be in the public domain. The Company shall use it’s best endeavours to ensure that such proprietary code is provided onto the Customer within the proper terms of it’s licensed usage constraints but the Company will accept no claim of liability should the Customer make use and application of the code outside of the terms defined by the owner of the relevant copyright.
  1. Application performance: The Company shall use it’s best endeavours to create computer software products as agreed to be purchased by the Customer and shall offer a warranty as described herein. The Company warrants that the product delivered to the Customer shall perform according to the logical structure, which enables the processes therein to function correctly. However the Company denies all liability for the timely operation of the product when used within an Internet environment, where the Customer or third party is providing the computer equipment upon which the product is to reside or depend upon for any part of it’s functionality. Should the Customer have also ordered computer equipment from the Company to provide the residence and interfaces for the operation of the product, then the Company reserves the right at it’s own cost to amend the detailed construction of the equipment or the logical functioning of the product in order to effect the timely operation of the product in a working environment, and shall deny all liability thereafter should the Customer prevent such acts by the Company. By confirmation of contract with the Company, the Customer specifically confirms his understanding that the timely operation of the Internet and world wide web is governed by constraints beyond the control of either party, and that the Company is not liable for perceived slow operation of an application written for the Customer, and accepts that from time to time the Company may offer advice upon amendments, which may become necessary to improve the perceived speed of operation.
  1. Maintenance: Unless amended within the Quotation upon which an order is placed, maintenance for the one year after completion is included within the purchase price of designs and applications authored by the Company. Within this context alone, maintenance shall refer solely to the repair of any defect to the original computer code, which shall arise or be noticed during the operation and is agreed by the Company to be in contravention of the original agreed product or functionality description.
  1. A charge for continued maintenance at the Company’s then current price will be made, from the first anniversary of the completion of the designs or applications authored by the Company, should the Customer or his agent require maintenance. Such maintenance may include at the Company’s recommendation works as are required to make the products in use by the Customer conform to technical standards as may arise from the publication of Revised Editions of other company’s products as referred to next in paragraph 6.
  1. Revised Editions: Designs and applications authored by the Company may depend upon or work in conjunction with or include software systems or utilities supplied to the Company by other authoring companies typically but not exclusively in the areas of operating systems and programming languages which are usually subject to re-publication from time to time in Revised Editions. The Company reserves the right to amend applications which it authors to be compatible in operation with the latest such Revised Editions, and accepts no liability for failures of functionality which may arise if the Customer chooses to use later such Revised Editions without written clarification from the Company as to the potential defects which may so arise.
  1. Computers: The Company shall provide designs and applications, which it authors to be fully functional upon computer equipment of a type and generation specified by the Customer. In the event of computer manufacturers releasing later amended designs of equipment, the Customer should seek advice from the Company as to the compatibility of the Company’s products with such new designs. In any event the Company shall not be liable should new equipment be used by the Customer or his agents.