These terms are applicable for all commissions.
All services provided by oxtedwebdesign.co.uk or owdwebdesign.uk to the Customer are subject to the following terms and conditions.
1. Acceptance. A copy of these terms and conditions must be signed by all new customers at the time of submission of work to oxtedwebdesign.co.uk or owdwebdesign.uk, indicating agreement to and acceptance of these Terms and Conditions. Alternatively, payment of initial deposit or full payment is an acceptance of our terms and conditions, a copy of which is available via our website.
2. Charges. Charges for services to be provided by oxtedwebdesign.co.uk or owdwebdesign.uk are defined in the quotation that the Customer receives via e-mail. Quotations are valid for a period of 30 days. Oxtedwebdesign.co.uk or owdwebdesign.uk reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
All Web site design services require an advance non-refundable payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Customer for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. Charges for web design work does not cover the release of source psd, png or fla files; if the Customer requires these items, then a separate quotation can be prepared.
Payment for services is due by bank transfer.
3. Customer Review. oxtedwebdesign.co.uk or owdwebdesign.uk will provide the Customer with an opportunity to review the initial appearance and content of the Web site throughout the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies oxtedwebdesign.co.uk or owdwebdesign.uk otherwise within seven (7) days of the date the materials were made available to the Customer.
4. Turnaround Time and Content Control. oxtedwebdesign.co.uk or owdwebdesign.uk will install and publicly post or supply the Customer’s Web site by the date specified in the project proposal, or if no such date is specified, within four weeks of the date initial payment is received from the Customer, unless a delay is specifically requested by the Customer and agreed by oxtedwebdesign.co.uk or owdwebdesign.uk.
In return, the Customer agrees to delegate a single individual as ‘first-point-of-call’ to aid oxtedwebdesign.co.uk or owdwebdesign.uk with progressing the commission in a satisfactory and expedient manner.
During the project, oxtedwebdesign.co.uk or owdwebdesign.uk will require the Customer to provide copy and images. If content is not provided within four (4) weeks of an official request by email, then oxtedwebdesign.co.uk or owdwebdesign.uk reserves the right to advise the Customer of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight (8) weeks from the original email request then the Customer is considered to be in default of the commission, the project may be terminated, and the Customer sent the final invoice for immediate payment. oxtedwebdesign.co.uk or owdwebdesign.uk will agree, at its discretion, to recommence the commission after agreement is reached on a new quotation document and once the original fees have been paid.
5. Payment. Invoices will be provided by oxtedwebdesign.co.uk or owdwebdesign.uk upon completion of the work for Web Design and any associated services. Invoices are normally emailed; however, the Customer may elect to receive posted copies. Initial 50% deposit invoices and completion 50% Invoices are due upon receipt. All ongoing clients receive 30 days credit.
6. Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on oxtedwebdesign.co.uk or owdwebdesign.uk Web space, oxtedwebdesign.co.uk or owdwebdesign.uk will, at its discretion, remove all such material from its web space. oxtedwebdesign.co.uk or owdwebdesign.uk is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer’s account. Customers with accounts in default agree to pay oxtedwebdesign.co.uk or owdwebdesign.uk reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by oxtedwebdesign.co.uk or owdwebdesign.uk in enforcing these Terms and Conditions.
7. Termination. Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
8. Copyright. The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants oxtedwebdesign.co.uk or owdwebdesign.uk the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting oxtedwebdesign.co.uk or owdwebdesign.uk permission and rights for use of the same and agrees to indemnify and hold harmless oxtedwebdesign.co.uk or owdwebdesign.uk from any and all claims resulting from the Customer’s negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to oxtedwebdesign.co.uk or owdwebdesign.uk that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
9. Standard Media Delivery. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on CD, e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by oxtedwebdesign.co.uk or owdwebdesign.uk to return to the Customer any images or printed material provided for use in creation of the Customer’s Web site, such return cannot be guaranteed.
10. Design Credit. A link to oxtedwebdesign.co.uk or owdwebdesign.uk will appear in either small type or by a small graphic at the bottom of the Customer’s Web site. If a graphic is used, it will be designed to fit in with the overall site design.
11. Access Requirements. If the Customer’s Web site is to be installed on a third-party server, oxtedwebdesign.co.uk or owdwebdesign.uk must be granted temporary read/write access to the Customer’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
12. E-Commerce. oxtedwebdesign.co.uk or owdwebdesign.uk cannot accept responsibility for any updates made by customers or third parties to E-commerce sites. Updates include adding, amending products and/or prices. oxtedwebdesign.co.uk or owdwebdesign.uk will not be held liable for any loss of business/trade during the running of any E-commerce site or product nor shall be responsible for any level of business obtainable through said Web sites. If oxtedwebdesign.co.uk or owdwebdesign.uk has agreed by separate negotiation to maintain the Customer’s E-Commerce Web site, then all changes and daily maintenance undertaken shall be assumed to be agreed by the Customer and oxtedwebdesign.co.uk or owdwebdesign.uk will not be held liable for any mistakes resulting in loss of business or incorrect product pricing or description.
13. Post-Placement Alterations. oxtedwebdesign.co.uk or owdwebdesign.uk cannot accept responsibility for any alterations caused by a third party occurring to the Customer’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
14. Domain Names. oxtedwebdesign.co.uk or owdwebdesign.uk may purchase domain names on behalf of the Customer. Payment and renewal of those domain names is the responsibility of the Customer. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of oxtedwebdesign.co.uk or owdwebdesign.uk. The Customer should keep a record of the due dates for payment to ensure that payment is received in good time. oxtedwebdesign.co.uk or owdwebdesign.uk will invoice 30 days in advance for any domain renewals that were registered directly with oxtedwebdesign.co.uk or owdwebdesign.uk.
15. Images. The client is responsible for all images and copyright of these images on their website, oxtedwebdesign.co.uk or owdwebdesign.uk takes no responsibility of images that clients supply. It is the client’s responsibility to ensure they are allowed to use those images.
16. Hosting. oxtedwebdesign.co.uk or owdwebdesign.uk will aim to keep your website online for at least 90% of up-time but cannot guarantee this. Your website may go down due to unforeseen circumstances, in this event your website will be unavailable until restored.
Planned maintenance schedules will occur on your website where it will be down for some time while we do server upgrades, we aim to do these upgrades outside of UK working hours to minimise disruption.
If payment is not made for hosting within the anniversary of it expiring, your website will be turned off and a fee will be liable to turn it back on.
17. SEO. oxtedwebdesign.co.uk or owdwebdesign.uk will not be liable for SEO issues your website may experience.
18. Privacy, Cookie & GDPR Policy. oxtedwebdesign.co.uk or owdwebdesign.uk does not provide a privacy, cookie or GDPR policies. This is your responsibility.
19. Free Updates. oxtedwebdesign.co.uk or owdwebdesign.uk on occasion provide Free updates to your websites if agreed as part of your package, we can however remove this offer at any time.
20. General. These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer’s signature or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
21. Governing Law. This Agreement shall be governed by English Law.
