Terms and Conditions

Definition

Application

These terms and conditions are valid for any services provided by the Provider to the Client. Terms and conditions are binding and may be updated at any time and posted on the Provider’s website without notice provided to the Client.

Pricing

The pricing and time of delivery mentioned in the proposal are not binding on the Provider, but the Provider will make all efforts to fulfill the stated estimates.

Payment

All invoices of the Provider shall be paid by the Client within fifteen (15) days of the date of invoice unless otherwise agreed in writing by the Provider. In the event of late payment, the Provider may charge interest on the amount outstanding before and after judgement. Alternatively, for invoices unpaid 30 days after the due date, the Provider may impose a surcharge equal to 2.5% of the outstanding amount.
Where the Provider requires payment of a deposit, the Client acknowledges that the deposit is not refundable.
The Provider reserves the right to increase a quoted fee in the event that the Client requests a variation to the work agreement.

Delivery

Delivery by the Provider will be deemed to have taken place when the website is uploaded to the Client’s web hosting server, or alternatively, emailed to the Client.
Final invoice will be sent upon initial completion of website content. Final payment is due to the Provider within 15 days of delivery.
Final edits to website content will be made solely at the discretion of the Provider to include a reasonable amount of alterations to content, not to exceed 12 requests for edits after initial content is rendered.

Cancellation

If a Client cancels a work in progress, Client will pay costs determined by the number of hours Provider has worked on the project billed at the Provider’s current rate. All payments are non-refundable. Payments may, at the sole discretion of the Provider, be applied to future work within 6 months of payment date.

Notice

All written notices to be served on or given to the Client shall be sent or delivered to the Client’s email address and shall be treated as having been given upon receipt.

Loss or Damage

The Provider will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies to the Client (or which may be received from the Client).

Confidentiality

Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by a party of this clause.

Employment of Personnel

Subject to the prior written consent of the Provider, the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Provider directly associated with delivery of the Services.

Warranty

The Provider warrants that it has the right to provide the Services but otherwise the Services are provided on an “as-is” basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Services are suitable for the purposes intended by the Client.
The Provider warrants that the Services will be supplied using reasonable care and skill. The Provider does not warrant that the Services supplied are error-free, accurate or complete.
Both parties warrant that they are registered under the Data Protection Act in respect of the collection, processing and use of the Services. Each party will comply with the Act including but not limited to its obligations in respect of any personal data which it may supply to or receive from the other party.

Limitation of Liability

The Provider shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Services nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Services.
Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
The Client shall fully indemnify the Provider against any liability to third parties arising out of the Client’s use of the Services.

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