TERMS & CONDITIONS AGREEMENT
Clanweb Design Terms and Conditions of Business Agreement
by completing and submitting this form you agree to the terms and conditions below.
Definition of our terminology as used within this document:
- A ´Project´ is any work undertaken or service provided by Clanweb Design for the Client on their request and as described in our confirmation order email to that Client.
- A ´Client´ is a person, persons, business or organisation using any of the services provided by Clanweb Design.
- ´Live Mode´ means the date the website is available on the Client´s chosen domain.
- ´Domain´ is the website address as specified by the Client.
- ´Open Source Software´ is software made freely available to anyone under the GNU General Public License (GPL).
- ´Hosting´ is a yearly cost to keep a clients website activated online.
- ´Content´ is both text and images that the Client requires on the website.
- ´mb´ stands for megabytes and is a measure of storage space.
The Client agrees to:
i. Provide the Company, within a reasonable timescale, everything that is requested from you to complete the Project - including text, images and other information.
ii. Provide the Company with text and images in the format as agreed.
iii. Review the Company´s work, provide feedback, and sign-off approval in a timely manner.
iv. Make every effort to adhere to all agreed deadlines.
v. Adhere to the payment schedule
Maintain the security of email addresses, passwords and login details.
Clanweb Design Terms & Conditions
- The contract between Clanweb Design and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
- The works to be carried out shall be as set out in the Clanweb Design confirmation order email.
- Email will be the method of contact with regard to all communication for the website design & development. It is the Client´s responsibility to inform us of any change in email address so we always have up to date email contact details. Clanweb Design can not be held liable in any way relating to communication issues if we are not supplied a valid email address. Clanweb Design will, where possible, acknowledge all emails within 3 working days.
If a customer´s conduct via telephone is considered unreasonable we will insist on email communication only. Clanweb Design reserve the right to cancel a contract should customer contact be in breach of our anti-harassment policy (*). Calls made to us may be monitored and recorded.
- Clanweb Design, unless otherwise agreed to do so, will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. Clanweb Design will also require 25% payment upon overall approval of the home page design. The final 25% payment is to be made on completion of the website. The website will be switched to Live Mode once the Clients remaining balance is paid in full.
- The deposit paid to Clanweb Design covers the cost of design work carried out as well as any admin work and communication with Clanweb Design. The deposit is non refundable.
- Design revisions offered by Clanweb Design end when the client makes the second payment of 25% after the 50% deposit. Design changes beyond this point are subject to additional charges.
- Level 1 Flash animation refers to 3 hours of Flash development time on the clients website by Clanweb Design.
- Clanweb Design shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
- It is important for the Client to keep in contact with Clanweb Design throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 5 attempts to contact the client by email using the email address specified when the client place their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. We will levy a £50 admin charge if the client later returns and wishes to continue work on their project.
- Where images used on the website have been purchased or designed by Clanweb Design on behalf of the Client, these images are strictly for use on the website only. Clanweb Design are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
- Any images or photographs that you supply should be in digital format, usually no smaller than 1024x768 pixels, with a suitable resolution that will allow them to be resized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and retouching the images. This depends entirely on the project and the number of images involved. ii.
- Clanweb Design will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Clanweb Design will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
- All standard hosting offered by Clanweb Design is limited to 2000mb of website space unless otherwise stated in a seperate contract. If your site requires more than 2000mb of space we will advise of other hosting solutions and then cease hosting the site.
- Clanweb Design cannot be held responsible for anything adversely affecting the Client´s business operation, sales, or profitability that might be claimed is a result of a service offered by Clanweb Design.
- Where asked to provide search engine optimisation for a Client, Clanweb Design do not guarantee any specific placement or high ranking on search engines.
- Clanweb Design do not take any responsibility for a clients website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client´s website, there could be a change in the websites search engine ranking.
- Clanweb Design will provide the Client with an expected completion date for the Project (live on the internet) if requested. Clanweb Design will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Clanweb Design is purely an estimate.
- It is the Client´s responsibility to check with Clanweb Design whether Open Source Software is being used or not.
- The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Clanweb Design or the Client.
- Clanweb Design own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased or designed by Clanweb Design for the Client, unless the images have been supplied by the Client. Images purchased by Clanweb Design are licensed only for use on the client website and are limited to no more than 15 images dependent on the size of the project. Item 19 is subject to item 18.
- All images displayed on the Client´s website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Clanweb Design, they will be the sole responsibility of the Client. This clause excludes images which are provided by Clanweb Design.
- Domain names will be registered by Clanweb Design and also registered to the Clanweb Design current address. Although the domain names are registered to Clanweb Design, the Client can still be the legal owner of the domain, where previously agreed. Where not previously agreed,Clanweb will retain all rights and ownership of the domain name, content etc, space and email addresses. If the client requests to have details changed or the domain transferred elsewhere, Clanweb Design will do this within a reasonable timeframe. There may be fees levied in this instance.
- Email addresses associated with the domain name remain the property of Clanweb, unless otherwise agreed. Users of the email addresses are responsible for the content of any emails sent or received. Clanweb reserve the right to withdraw access to email addresses for any misuse of email accounts.
- All web and email services, provided by Clanweb may be withdrawn or suspended, if amounts due to Clanweb are outstanding.
- A domain name will be registered by Clanweb Design on behalf of the client once we have received the 50% deposit, 25% design payment, 25% final payment and a completed creative brief, unless otherwise agreed.
- It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Clanweb Design can not be held liable for this. However, Clanweb Design will make reasonable effort to contact the Client regarding domain renewal.
- When a Client renews Hosting with Clanweb Design, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Clanweb Design can not be held liable for this.
- Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if Clanweb Design cannot contact the Client or the Client requests for Clanweb Design to not host this site. This will also affect the domain as per item 23.
- The Hosting renewal charge must be received 10 days prior to the Hosting expiry date. Clanweb Design reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Clanweb Design for reactivating the website/Hosting.
- If the Client does not use Clanweb Design Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
- Should a Client wish to move Hosting away from Clanweb Design or transfer a Domain name away from Clanweb Design, a £50 admin charge will be issued, which must be paid before the transfer takes place.
- Clanweb Design has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client´s web sites constitute Clanweb Design endorsement, or approval of the website or the material contained within the website. Clanweb Design has not verified any of the materials, images or information contained within our Client´s web sites and is not responsible for the content or performance of these sites or for the Client´s transactions with them. Clanweb Design provides links or references to our Client´s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
- Clanweb design shall place a small text link on the footer of a Clients website that simply states the website was designed by Clanweb Desihn and links to our company website.
- Clanweb Design are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client´s website. The Client is solely responsible for any information or files relating to its website.
- If a Domain name is purchased by the Client through a company other than Clanweb Design, the Client has full responsibility in making sure that the domain name is renewed when due. Clanweb Design will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Clanweb Design.
- Clanweb Design do ot accept credit or debit card payments. We do accept cheques. We also accept paypal payments, the conditions of which should be adherered to by the client.
- Clanweb Design makes no claims that the contents of this website may be lawfully viewed or downloaded outside Scotland. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of Scotland, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor´s jurisdiction. The terms and conditions of this website are governed by the laws of Scotland. Jurisdiction for any claims arising in respect of this website´s Content shall lie exclusively with the courts of Scotland. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
user agrees to indemnify, defend and hold Clanweb Design and its affiliates, licensors, content and service providers, participating publishers, authors, dealers, and suppliers harmless from any liability, loss, claim, and expense, including lawyer´s fees and expenses, related to a User´s violation of this Agreement or use of the Web site.
Clanweb design cannot be held liable or responsible for the security of the website. It is the clients reposnsibility to keep any access codes secure.
In some instances Clanweb Design agree to free monthly updates. These are based on the equivalent of one hours work per calendar month. These updates are for the present calendar month and cannot be transferred, accrued of otherwise used or reimbursed if unused. Clanweb Design cannot be held liable for the clients inability to contact Clanweb design within that calendar month.
By accepting the contract by word of mouth letter, email or other terms of contact, the client enters into a valid and legally binding contract with Clanweb design and is liable for any costs or other payments incurred by Clanweb Design or as stated in the above terms and consitions
Non payment or failure to pay for any services provided by Clanweb Design may result in suspension or removal of domains and content or in extreme cases, legal action.
The Client will be issued access to Email Address/s and Password/s to access the Site and use the Services. You the client are solely responsible for maintaining the security of your email address/s and password/s and for all activity that occurs under those email address/s and password/s. You should not disclose your password to any other person. Clanweb Design can not be held liable for any damage, disruption or costs associated with the loss of said passwords or other data.
(*) Clanweb Design will not tolerate any form of harassment against it´s employees 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 our employees thereafter any further communication must be via postal mail only.