TERMS AND
CONDITIONS

 

 

 


Scott Hortop
web consultant      web designer
photographer


Before commencing basic web page design, you should pay to me the first payment set out in my proposal letter &/or email(s) (taken together, “the proposal”). Payment confirms your acceptance of the following:

The main aim of my services will be to provide to you to the best of my abilities with quality work as set out in the proposal. You should note that on certain but rare occasions I may sub-contract certain services as I see fit.

Offers and prices quoted are valid for up to 30 days and are given in GB Pounds Sterling. Payments must be made in full at the times specified in the proposal and, if not dealt with there, as specified below for services to continue.

Work outside the proposal

Unless specifically stated in the proposal the following is not covered:
• Preparation of logo
• Graphic elements (including more complex navigation bars)
• Issues connected to domain names, choosing a host (including research time required investigating the services or suitability of current or prospective hosts and domains)
• Time configuring databases, server connections etc on hosts not suggested by myself

• The setting up of email accounts and other features connected to the website or host
• Advice sought related to the website or your business

Ownership and copyright

All Web pages, designs, underlying coding and other works (including copyright where relevant) will remain my property and title or the right to use any of this intellectual property shall not pass to you until such time as full and final payment has been made in accordance with the proposal (as modified if relevant by any other agreements made with you that may affect the amount of work to be done or services to be provided).

Domain names and hosting

You should monitor and settle any payments due for domain or hosting services yourself. I shall not be responsible for any interruption in service due for this or any other reason (even if that service provider is one that may have been suggested by me). It is strongly recommended that you perform your own due diligence should the service be of major importance to you.

In the event that you, your website or email, attract traffic which is excessive or exceeds expectations in either the short or long term, then you should note that your host may apply traffic charges accordingly.
On occasions service by your chosen hosts may be interrupted for maintenance, repairs or other reasons. You should let me know should any interruption be long lived – you should note that I will not be monitoring or testing the site after it is goes live.

I can provide to you hosting facilities, acting as a 'reseller'. In this event you should use the help and other facilities as made available by that host as if you are dealing direct. In the event of the lack of prompt payment of invoices due such services will be withdrawn.

Security and data protection legislation

Websites, their servers, their supporting databases and other hosting elements such as mail servers are sometimes subject to attack by malicious individuals (‘hackers’). In such an eventuality, you will not hold me responsible for the consequences of such attacks.
Should you require additional security over and above that provided by your host then you should specify what is required and I will provide a separate estimate and/or involve a specialist security consultant in the design of the site, selection of host etc.

Information held on individuals on web servers and/or gathered by forms on a website and delivered to your computer is subject to legislation on privacy and the Data Protection Act (see below). You may be obliged to register with the Information Commissioner's Office (www.informationcommissioner.gov.uk).

Unless otherwise agreed, you will provide me with the content required to deal with your obligations under the legislation and you will provide me with specific instruction on any steps required to handle the information.

[The Data Protection Act 1998 requires many UK-based organisations (including sole traders) that hold information about living, identifiable individuals to register their use of 'personal data' and be open and clear about the way such information is used. Organisations need to abide by a set of legally enforceable rules of good information handling.]

Search engines

Search engines and their ranking methodologies are constantly changing. Within design constraints and the constraints of the content that you provide, I will do what is necessary for the site to be ‘friendly’ to the main search engines. Because no search engine will guarantee to accept, consider, place, or to keep if placed, any submission whether paid or not, it is impossible for me to make any guarantee whatsoever concerning search engine results or that they can be sustained.

Website content

Unless agreed otherwise, you will be responsible for providing the text and image (graphics and photography) content for the website. You warrant that you own the copyright to such content or otherwise have the appropriate right to use such content.

If requested, I will provide you with a CD containing the final website as constructed. Subsequently, you shall be responsible for keeping your own back-up copies of all new content published or transmitted by you including the Web Pages designed by me - I will not be responsible for any file recovery or for files lost by you or by any other person, organisation or Internet Service Provider.

You should confirm the position of website and/or database backups with your service provider. I will not be making backups of your data unless you specifically request that I do so and that will be the subject of a separate contract between us.

Warranty and liability

When the site is completed and before it ‘goes live’ you and others should test its functioning thoroughly. As part of this testing, you should report any broken internal links and other problems and they will be reinstated.

For one year after the site goes live I will ensure that the code and structure of the site as originally prepared works as it did on the day that the site ‘goes live’.

This is confined to work done in line with the original specification – other features whether initiated by me or added at your request shall not be subject to this warranty unless there is separate consideration received.

When you or anyone else make amendments to the site or the site is subject to a hacking attack (see above), the functioning of the site may be affected. Work to correct such malfunctions will not be covered by this warranty.

My liability is limited in all respects to the price paid for the specific work or advice given. I shall under no circumstances be liable for any indirect or consequential loss howsoever caused. I will not be liable in any circumstances for loss of profit suffered.
Business advice

It is usual during the production of a website that advice will be sought on a range of related issues. In all circumstances advice given that is not subject to specific compensation to me (or included with an initial site specification) should not be relied upon by you and separate paid for advice should be obtained should it be intended that material reliance is to be placed on the advice for conducting business or for other reasons.

Billing for work done

The proposal will often specify when work is to be billed. In the event of delay in progress that is outside my control then after a period on one month expires I will present an interim bill for the work done. Work outside specific proposals and/or billed for on an hourly basis will normally be billed monthly.

In the event that you decide not to make use of the full time period for services which have been paid for in advance, refunds will be given pro rata for any unused part of that time.

Should for any reason I be unable to provide the services contracted for then I will similarly give you a full pro rata refund of the amount paid. In such circumstances I will cooperate as far as possible in arranging for an orderly handover to a new supplier should this be required.

Invoices are payable on presentation. Work for clients who meet this requirement is prioritised.

For any material amount of work to go ahead, first invoices must have been settled. For any invoice that remains payable after thirty days then the following paragraph applies.

I understand and will exercise my statutory right to claim interest and compensation for all debt recovery costs under late payment legislation if not paid according to agreed terms. Interest will be charged from the invoice date at the Bank of England base rate plus 8%..

I encourage payment by direct transfer to my bank account - details are on the invoice. In the event of you choosing to pay by cheque and that cheque being returned unpaid you accept that I will invoice you for any charges made on me by my bank and a further £25 for the extra work that dealing with this causes me.

Post production work

Where I provide other post production support this will be billed for at a rate of £45 per hour unless specified at an alternative rate. This will include time spent taking instruction and be billed for as and when at least one hour of support has been provided; ‘small queries’ dealt with in ten minutes or less will not be billed for.

Contact

If I need to contact you I will do so by email unless you request otherwise. It is your responsibility to keep me informed of any change in your email address and other contact details. If, as a result of you failing to inform me accurately and with good notice of your changed details, or if you fail to retrieve or access notifications from me that you may need to act on, you will not hold me responsible for the consequences of not acting on these communications to you.

The terms "you" and "registrant" refer to you, my customer. I will hold you responsible for any actions caused or made by your employees, agents and representatives.

My website may contain links to other Internet sites. These links are not an endorsement of any products or services in such sites, and no information in them has been endorsed or approved by me. Please tell me if you discover something that you think I should know about because you think it is wrong.

In any dispute this contract is governed by the Laws of England.


 

This page sets out the general terms of the contract between you (my customer) and me (Scott Hortop).

(This document was last updated on 22 August 2005).














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