terms and conditions

1. Definitions

The following Terms and Conditions document is a legal agreement between WEBWORKS STUDIO Limited/ www.webworks-studio.co.uk, hereafter the Designer and the Client for the purposes of website design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
The Designer is an Internet web design provider offering the Client website design and build services using the WIX platform.

 

2. Acceptance of Work

Quotations are valid for 30 days from the date of issue. When the Client places an order to purchase a website or website updates from the Designer, the order represents an offer to the Designer to purchase the website or website updates. No contract for the supply of services exists between Client and Designer until the Designer sends an invoice to the Client for payment. The invoice equals acceptance by the Designer (or third- party developer) of the Client’s offer to purchase services from the Designer and this acceptance of work is a valid contract between Client and Designer regardless of whether the Client receives the invoice.

Any other services on the order that have not been included in the invoice do not form part of the contract. The Client agrees to check that the details of the invoice are correct and should print and keep a copy for their records. The Designer is liable to withdraw from the contract at any time prior to acceptance.

Additional work requested by the Client that is not specified in the agreed quotation is subject to an additional quotation by the Designer on receipt of the specification. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project.

The Client agrees that the WIX development platform is an agreeable platform for the development of the website. The Client further agrees that any requests relating to hardware or software outside the standard development platform will be deemed additional work.

The Client agrees to provide any needed information and content required by the Designer in good time to enable the Designer to complete a design or website work as part of an agreed project.

1. All content must be provided in a timely fashion. The Designer is not responsible for missing a pre-agreed deadline if the content is unavailable or late. If the content is not given quickly enough then WEBWORKS STUDIO LTD will complete the website to the point at which it is able to go no further.

2. Once pre-arranged content has been added by WEBWORKS STUDIO LTD then no further alterations will be made by WEBWORKS STUDIO. All additional changes will be chargeable.

3. WEBWORKS STUDIO LTD is not responsible for proofreading the content or checking for incorrect information this is the sole responsibility of the client.

4. Content CANNOT be taken from other websites. WEBWORKS STUDIO LTD will not check if content provided is taken from other sources.

 

3. Permission and Copyright

Copyright of the completed web site, images, pages etc created by the Designer for the project shall be with the Client upon final payment and once they have accepted the ownership of the site via weblink. 

These terms of use grant a non-exclusive limited license so that the Client can use the design on one website on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Designer.

The Client agrees that resale or distribution of the completed website is forbidden unless a prior written agreement is made between the Client and the Designer.

The Client hereby agrees that all media and content made available to the Designer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Designer from any claim or suit that may arise as a result of using the supplied media and content.

The Client agrees that if the Designer designs a website for a Client, then the Client agrees that the Designer may include a development credit and link displayed on the Client’s website. If the Designer builds or amends a website for a Client, then the Client agrees that the Designer may include a development credit and link displayed on the Client’s web page.

The Client agrees that the Designer reserves the right to include any work done for the Client in a portfolio of work.

The Client agrees to abide by the terms of any third party software or media included within any work done for the Client. 

 

4. Material

The Designer reserves the right to refuse to handle:
1. Any media that is unlawful or inappropriate.
2. Any media that contains a virus or hostile program.
3. Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
4. Any media that constitutes a criminal offence, or infringes privacy or copyright.

 

5. Domain names and Hosting

The Designer can, at its own discretion, but is not obliged to, offer domain name registration and hosting via a third-party service.

The Client agrees that registration of a domain name does not provide an endorsement of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. The Designer holds no liability and the Client hereby agrees to indemnify and hold harmless the Designer from any claim resulting from the Client’s registration of a domain name.

The domain name is registered in the Client’s own name, with the address and contact details of the Client. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.

The Client agrees to take all legal responsibility for use of third-party domain name and hosting services and supply truthful details to the third-party services.

The Client agrees that information submitted for registration of domain names is then available to the general public via the Nominet Whois system. However, Clients who are using their website for non-trading purposes may ask the third-party registrar for their contact information not to be included in the Nominet Whois system.

The Client is liable to pay the Developer for any domain name registrations and the initial set-up of the hosting if included as part of the website build.

Any support relating to the domain name, hosting, website hosting platform (WIX) and email services are between the Client and the third-party service.

The Client agrees that the Designer is not responsible for any loss of service provided by the website hosting platform (WIX) or third-party apps included within the site.

Any other domain name and hosting services or costs not included by the Designer, including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the Client to the third party services.

The Client agrees to pay the domain name and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the Client and third-party service.

The Client agrees that if at any time their contact details, including email address, change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain name and hosting services are not received by the Client.

 

Payment for a domain name and hosting services is to be made immediately upon receipt of an invoice from the third-party service. Failure to comply with the payment terms may result in the Client’s domain name becoming available to another party and/or the website and email services becoming unavailable.

The Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account that the Designer requires uploading the website if required as part of a project.

The Designer reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.

The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the Designer from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.
The Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.

 

6. Projects

The Client agrees that the pages built may not exactly match the original design because of the difference between the display in design software and the rendering of code by Internet browser software
During a website project, it is important that the Client communicates information to the Designer to achieve the required result.

The Client agrees they are permitted a maximum of 4 hours of alteration on projects. All alterations are to be agreed between the Client and Designer. After the allocated time for alterations is used up the Designer reserves the right to advise the Client of such and send a separate quotation to the Client and to request payment for any further alterations. The Designer reserves the right to request payment be received for further alterations before continuing work. 

If the Client requests a design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, the Designer reserves the right to quote separately for these alterations.

The Designer endeavours to create pages that are accessible to search engines. However, the Designer gives no guarantee that the site will become listed with search engines.

If an error or issue with the design arises during the development phase of the project, which does not allow the design to match the original specification, then the Client agrees that the Designer can apply a nearest available alternative solution. Once a site is live or ready to go live then the project is deemed to be complete. The Client has 1 week in which to provide evidence of errors caused by the Designer, these will be reviewed and if errors are genuinely caused by the Designer they will be put right. If errors are caused by the client (i.e. during the use of the Content Management System) then steps taken to remedy errors will be chargeable.

 

The Designer at all times applies reasonable skill and care in the provision of services.

Once the project is completed, the Designer will connect the website to the Client’s live web address if this is included as part of a project. The Client must provide the Designer with the ability to do this by providing the requested details needed to connect the website to the desired domain name.

After site completion, a Client or a third party of their choosing may wish to edit their website themselves to make updates. The Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the site themselves. If the Client or a third party of their choosing edits the website and this results in functionality errors or the page displaying incorrectly, then the Designer reserves the right to quote for work to repair the website.

It may also be that any third party will need to pay for any subscriptions or licences for any software on the website.

The Designer reserves the right to assign subcontractors in whole or as part of a project if needed.

The Developer will keep a copy of the site and design when a website project is being worked on. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third-party hosting services in case of a software or hardware failure at the third-party hosting servers.

All communications between Designer and Client shall be by telephone, email or postal mail, except where agreed at the Designer’s discretion.

 

7. Accessibility & Web Standards

The Client agrees that by having their site built through a CMS system (WIX) that pages are built to standards set by WIX

The Designer shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the standard development platform, which includes recent versions of the main browsers. The Client agrees that the Designer cannot guarantee correct functionality with all browser software across different operating systems.

The Client agrees that, following the handover of files, any updated software versions of the browsers, domain name set-up changes or hosting set-up changes thereafter may affect the functionality and display of their website. As such, the Designer reserves the right to quote for any work involved in changing the website design for it to work with updated browser software, domain name or hosting changes.

The Client agrees that more advanced applications on a website page may require a newer browser version or plug-in.

 

8. Payment Terms

Prices are subject to change without notice.

All quoted prices here are exempt of VAT.

Payments are made on a staged basis with each stage paid in advance of any work. All invoices must be paid by the due date of the invoice. NO further work will commence until each staged-payment has been made.

The Designer reserves the right to decline further work on a project if there are invoices outstanding with the Client.

The Designer reserves the right to remove its work for the Client from the Internet if payments are not received.

 

9. Liability and Warranty Disclaimer

The Developer provides their website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The Designer cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error-free, nor does it warrant that the contents are current, accurate or complete.

The Client agrees that the Developer is not liable for any bugs, performance issues, virus, trojan, or malware attacks or failure of their WIX site and any plugins (and any other software used in the website). 

Updates are NOT the responsibility of the Designer. Therefore the Designer cannot be held responsible for any faults, bugs, viruses, trojans, malware etc., or problems occurring on the site or with the hosting.

The Designer is in no way responsible for the data on the client’s website. It is the Client’s responsibility to backup all data.

Should the Designer be replacing an existing website created by anyone else other than the Designer then the Client is responsible to make suitable backups before the new website can be uploaded. Once the new website is live the Developer can in no way be held responsible for the previous website.

The Designer endeavours to provide a website within given delivery timescales to the best of their ability. However, the Client agrees that the Designer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.

 

 

The Client agrees that the Designer is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

The Designer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

On handover of the website from Designer to Client, the Client shall assume entire responsibility in ensuring that all pages are functioning correctly before use.

Whilst every effort is made to make sure the website is error-free, the Designer cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error-free. If, after handover of the website, errors are found that the Designer has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then the Designer can correct these errors for the Client free of charge for a period of 1 month, after acceptance of the work. After the 1-month period, the Designer reserves the right to quote separately for any work involved in correcting an error.

Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Designer reserves the right to cancel forthwith any projects and invoice the Client for any work completed.

The Designer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if the Designer has been advised of the possibility of such damages.

There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Designer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.

The Designer may from time to time recommend to the Client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. The Designer reserves the right to quote for any updates as separate work. The Client agrees that the Designer is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold the Designer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

 

10. Indemnification

The Client agrees to use all Designer services and facilities at their own risk and agrees to defend, indemnify, save and hold the Designer harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Designer or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties.

The Client agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.

The Client also agrees to indemnify, hold harmless and defend, the Designer against any liabilities arising out of injury to property or person caused by any product or service sold by the Client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.

 

11. Nondisclosure

The Designer and any third-party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about the Designer to another party unless directed by the Designer.

 

12. Privacy Policy

The Developer and any third-party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the Client in communications with them and to contact the Client from time to time to offer them services or products that may be of interest to or benefit the Client.

 

13. Interpretation

The Designer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. The Designer shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable by law.

Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.

This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.

 

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges having read, understand, and accept the Terms and Conditions of this Agreement and agrees to be legally binding by these Terms and Conditions.

The Designer reserves the right to alter these Terms and Conditions at any time without prior notice.

 

14. Statutory Rights

These Terms and Conditions do not affect your statutory rights as a consumer.

 

15. Zero-Tolerance for bad behaviour policy

WEBWORKS STUDIO LIMITED operates a zero-tolerance policy towards bad behaviour.

The safety of our employees, clients, and visitors is an important concern to the organisation. Threats, threatening behaviour or acts of violence against employees, clients, visitors or others while on the client’s or designer’s property or third-party location, conducting business or receiving services from the supplier/designer will not be tolerated. The supplier/designer reserves the right to immediately end any contract should any violations of this policy occur, and if appropriate all threatening behaviour will be reported to the authorities.

Any person who engages in violent or threatening behaviour in person, on the phone, on the Internet, Social Media, or who uses any electronic means to make a threat against a staff member, volunteer shall be in breach of the zero-tolerance policy and the supplier/developer will reserve the right to terminate any contract and if appropriate all threatening behaviour will be reported to the authorities.

Should any contract be terminated due to a breach of the zero-tolerance policy by the client then any outstanding invoices owed to the designer must be paid in full.

© 2020 KATE BIRCH for WEBWORKS STUDIO

Webworks Studio Ltd is a company registered in England + Wales 

Company number: Company number 11764191 

Registered Address:  Eastgate, OX15 6BT    Tel: 07940 013 171