Terms & Conditions
1. Authorisation.
The above-named client is engaging Nottingham Logo Design Ltd as an independent contractor for the specific project of developing and/or improving a website to be installed on the client’s web space on a web hosting service’s computer. The client hereby authorises Nottingham Logo Design Ltd to access this account, and authorises the web hosting service to provide Nottingham Logo Design Ltd with “write permission” for any web directories or programs which need to be accessed to complete this work. The client also authorises Nottingham Logo Design Ltd to publicise their completed website to Web search engines, as well as other Web directories and indexes where applicable.
2. The Website Specification.
The following elements are included in the website design contract: a) design concepts for the website( otherwise known as mocks). Web concepts are limited to two revisions/ consultations. Any subsequent amendments will be charged at £25 per hour. b) the web pages as described in the website design specification sheet or detailed on your invoice. The content of the web pages will be supplied by the client, and will either be inserted by the client, or by Nottingham Logo Design if that is agreed. Content provided by the client must be supplied in digital format, either via email, on disk or USB pen. Content which is not provided in digital format may incur an additional charge for conversion to a digital format at the hourly rate. Where the client does not supply any content for the website in a timely manner, but the website is otherwise finished, Nottingham Logo Design will insert as much content as possible and will consider the website finished and the entire amount of the contract becomes due and payable, the site will be then hosted.
c) installation of web pages on the client’s web hosting service. d) minor updates to existing web pages for a period of one month, at Nottingham Logo Design’s discretion, subject to the limits outlined below. Additional changes are billed at an hourly rate of £50.00.
d)Additional Pages over and above what was specified in the design specification or on the initial invoice will be billed at a rate of £25 per page.
3. Maintenance and hourly rate. This agreement includes minor webpage maintenance to regular web pages (not store product pages) over a one month period, including updating links and making minor changes to a sentence or paragraph. It does not including removing a majority of text from a page and replacing it with new text, changing the same text multiple times, or reproducing images within the web pages. If the client or an agent other than Nottingham Logo Design Ltd attempts updating the client’s pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the updating time. The one month maintenance period commences on the website completion date. Changes requested by the client beyond these limits will be billed at the hourly rate of £50.00.
This rate shall also govern additional work authorised beyond the maximums specified above for such services as additional design concepts, general internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics services. CGI programming charges (if any) are not included in this rate.
4. Changes to submitted text. If we have agreed to insert your content for you, please
send us your final text. Time required to make substantive changes to client- submitted text after the web pages have been constructed will be additional, billed at the hourly rate of £25 per hour.
5. Web hosting. Any web hosting services require a separate contract with a web hosting service. This can be with Nottingham Logo Design or with a 3rd party company. The client agrees to select a web hosting service which
will allow Nottingham Logo Design Ltd full access to the website and a CGI-bin directory via FTP. The client further understands that if the web hosting service’s operating system is not a UNIX system, standard CGI software may not work, and providing a substitute may incur additional charges.
6. Completion date.
Nottingham Logo Design Ltd and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website as outlined in the contract. The time scale of the build will be worked out with the client and all content for the site must be supplied within the second week of the build from the start date.
7. Payment of fees.
The client shall pay Nottingham Logo Design Ltd a deposit in order for work to start, this is 50% of the total build price.. The price is exclusive of VAT and shall not be subject to any adjustment or increase except as agreed with the client should the build specification change in anyway and additional Nottingham Logo Design products be added to the build. The remaining 50% of the total price will become payable upon completion of the website. All payments will be made in GB Pounds.
8. Legal.
The risk as to the quality and performance of the web pages and website remains with the client. Nottingham Logo Design Ltd cannot warrant that the web pages or website will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free, and Nottingham Logo Design Ltd will not be liable to the client or any third party for any damages, including any 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 Nottingham Logo Design Ltd has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The entire liability of the Supplier to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the Price paid by the Client under this Agreement.
Terms and conditions
9. Copyrights and trademarks. The client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Nottingham Logo Design Ltd for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Nottingham Logo Design Ltd and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
10. Laws affecting electronic commerce. The client agrees that the client is solely responsible for complying with any laws,taxes, and tariffs, affecting internet electronic commerce, and will hold harmless, protect, and defend Nottingham Logo Design Ltd and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.
11. Copyright to web pages. Copyright to the finished assembled work of web pages produced by Nottingham Logo Design Ltd is owned by Nottingham Logo Design Ltd. Upon final payment of the work undertaken, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Nottingham Logo Design Ltd and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
12. Payment terms.
Payments must be made promptly. Payment terms are strictly fourteen days from receipt of invoice. If
payment is not received within 7 days of the invoice date a charge of £50 will be incurred. If a payment remains overdue 30 days after its due date a daily interest charge of 5% of the total value of the agreement for each day the bill is overdue will be incurred.
Nottingham Logo Design Ltd reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Nottingham Logo Design Ltd.
13. Sole agreement.
The agreement contained in terms and conditions constitutes the sole agreement between Nottingham Logo Design Ltd and the client regarding this website. Any additional work not specified in the terms and conditions must be authorized by a written change order. All prices specified in the terms and conditions will be honored for three (3) months after both parties sign this contract. Continued services after that time may require a new agreement at Nottingham Logo Design’s discretion.
14. Termination.
Nottingham Logo Design Ltd shall have the right to terminate this Agreement with immediate effect by notice in writing to the client if the client fails to make a payment when it becomes due.
15. Initial payment and refund policy.
This agreement begins with an initial payment of 50% of the total amount as outlined in
schedule three. If the client halts work and applies by registered letter for a refund within 7 days, to Nottingham Logo Design Ltd, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 7 days payment