Terms & Conditions.
Terminology used in this document:
You / Your – The Client
We / Us /
Our – Ben Smith
Project – The work undertaken by Ben Smith for the Client.
Domain – The website address specified by the client to be used to host the website
Host – A website is hosted so that it is available to view online and this incurs a yearly charge.
Content –The website contents including text and images.
Terms and Conditions applying to all services provided by Ben Smith.
Any work carried out for The Client is an acceptance of these terms and conditions.
Please read these terms and conditions carefully. If you ask Ben Smith to carry out work / services it implies that you have read and accepted our terms and conditions.
New website design services require an advance payment deposit of fifty (50) percent of the minimum project quotation total before work commences. A final payment is due before website goes live.
If you require further work on the site that was not included or asked for in the original quotation then we can provide a quotation for further work and will expect the final payment.
Invoices over 14 days – You will incur a cost of £20 of the invoice for each calendar month they go unpaid.
The website remains the property of Ben Smith until one hundred (100) percent of the website has been paid for. We reserve the right to remove your website property from the internet if you do not complete full payment.
No handover of materials, ftp details, email accounts, domains can be made until all monies have been paid in full.
3. Client Review
We will provide you with an initial design of the website in the form of a two dimensional photoshop image. We will make changes to the design based on your review until you are completely happy with the design. Once the design is accepted then we will go ahead and build the site. Once the construction of the site has begun, any further changes in design by you are liable to be charged. We will make it clear to you if your changes will incur further charges.
You agree to provide one point of contact to assist Ben Smith in the completion of the project. We strongly advise this is the person who has the final say on the website, to avoid delays and complications due to miscommunication. If we are unable to communicate with this individual, due to holiday / illness etc. we will ask for another point of contact to be provided.
We will host the website, if the client requires us to do so, on receipt of full payment of our hosting fees. We will provide a reliable and professional service to the client at all times, but are not responsible for unavoidable technical failures beyond our control.
The hosting fee is annual. The date of renewal will be 12 calendar months from the date the website went live. We reserve the right to charge an administration fee of £30 for reactivating the website/hosting.
If you do not use our hosting services, then the management and hosting of the domain name are your responsibility. If you do not wish to renew the hosting, then we will make the site files and associated data available to you free of charge on request and the domain name can be transferred to the your registrar account. Should you require us to upload and configure the website and domain name to a third party server, then this work will be subject to charge.
5. SEO / Online Marketing
We do not take any responsibility for a client’s website rank on search engines. We do not take responsibility for any potential website downtime that can occur caused by Black Hat SEO techniques. We are not responsible for drops in search engine ranking caused by you or by third parties instructed by you to work on your site.
We do not tolerate any form of harassment from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards us or our contractors. Thereafter any further communication must be via postal mail only.
7. Additional Expenses
You agree to reimburse us for any additional expenses necessary for the completion of the work that were not in the original specification. For example, purchasing special fonts, stock photography, coming to the premises to help with writing /editing content.
8. Web Browsers
We make every effort to ensure our websites can be viewed by the majority of visitors, on the majority of browsers. We cannot guarantee correct functionality on all browser software across different operating systems. Also, we cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been finished. We are more than happy to quote to update the website at any time.
You agree to indemnify and protect us from any claims resulting from your use of our service that damages you or any third party or parties.
We reserve the right to remove any website from our servers if we have reason to believe that it is operating illegally.
You retain the copyright to data, files and logos that you provide us. You are responsible for ensuring that you have the permission and rights to use any information you provide to us that are copyrighted by a third party. You are responsible for granting us permission and rights to use this copyrighted material and agree to indemnify and hold harmless us from any and all claims resulting from your negligence and / or inability to obtain proper copyright permissions. The website design contract shall be regarded as a guarantee by you that all such permissions and authorisations have been obtained. Evidence of permissions may be requested.
Where images used on the website have been purchased by us on your behalf, these images are restricted by license for use on the website only. We are not liable for the misuse of these images by you or any other persons; copying, altering or distributing the images to individuals or other organisations.
11. Access Requirements
If the website is to be installed on a third-party server, we must be granted temporary read/write FTP access to your website’s storage directories. Other resources might also need to be configured on the server, depending on the specific nature of the project.
12. Third Party Alterations
We cannot accept responsibility for any alterations made to your website by you or a third party given access by you. Such alterations include (but are not limited to) modifications, additions or deletions.
13. Domain Names
We may purchase domain names on your behalf and we will register them in your company name. For websites we host we include the cost of renewing 1 domain name per year. For domain names registered elsewhere the payment and renewal of these domain names is your responsibility and we will not be responsible for the loss, cancellation or otherwise of the domain. You should keep a record of the domain payment dates to ensure that payment is made in good time.
14. Governing Law
These Terms and Conditions are governed by the laws of England and Wales
We make no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to your website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. Jurisdiction for any claims arising in respect of this website’s content shall lie exclusively with the courts of England.
We cannot be held responsible for anything adversely affecting your business operation, sales, or profitability that might be claimed is a result of a service offered by us.
We hereby exclude ourselves and any of our contractors; their Employees and or Agents from all and any liability from:
Loss or damage caused by inaccuracy Loss or damage caused by omission Loss or damage caused by delay or error Loss or damage to clients’ artwork/photos
It is your responsibility to check the entire contents of the site for inaccuracies, omissions and errors. Once you ask the site to go live, we make it live on the basis that you have thoroughly checked all text and images.
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