The following are our General Terms and Conditions of Business. Each project will include an agreement and terms suitable for the project. Plus, a Form of Proposal will be included which outlines the work to be completed for the specified project.
Definitions of our terminology as used within these terms and conditions:
The ‘Client’ is the company, organisation, individual or individuals requesting the services of DebTheWeb.
‘DebTheWeb’ is the company, partners and their employees.
A ‘Project’ is any work undertaken or service provided by DebTheWeb for the Client on their request and as described in our Quotation to the Client.
‘Domain’ is the website address (domain name) as specified by the Client.
‘Hosting’ is a yearly cost to keep a Clients website online.
‘Content’ is text, images and scripts that the Client requires on the website.
‘Maintenance’ is a separate contract covering the ongoing editing, updating and maintenance of a website.
General Terms and Conditions:
The contract between DebTheWeb 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. By engaging DebTheWeb on your Project, you confirm that you are in agreement with and bound by the following terms and conditions of business.
The Client is engaging DebTheWeb, as an independent contractor for the specific Project of developing and/or improving a website to be installed on the Client’s web space located on an ISP’s computer or space located on DebTheWeb’s server. The Client hereby authorises DebTheWeb to access this ISP account, and authorises the ISP to provide DebTheWeb with any necessary “write permission” for the Client’s website directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The Client also authorises DebTheWeb to publicise their completed website to Web search engines, as well as other Web directories and indexes.
2. Client Responsibilities
The Client shall carry out sufficient research before proceeding with a website. This will include checking that the website, idea or business will operate legally and the Client has complied with relevant legislation.
3. Fees, Costs and Payment of Accounts
DebTheWeb will commence work on the Client’s Project once a quotation has been accepted by the Client and a Form of Proposal and Terms agreed upon and signed by the Client. Unless specified otherwise in the quotation, the project will include only products and services as indicated in the Packages as stated on the Company website. If the client requires additional web pages, features, products or services beyond that stated in the Package or Quotation, the Client agrees to pay DebTheWeb an additional fee for each additional web page, feature, product or service. Graphics or photos beyond the stated number in the relevant package will be billed as an additional expense. Where custom graphic work (beyond the scope of the Package) is requested, it will be billed at the hourly rate of £50.00.
A 50% deposit is required from the Client before any work is commenced. All deposits are non-refundable and cover all initial work on the Project. In all cases, website hosting fees and any costs incurred by DebTheWeb on behalf of the Client are payable in advance and are non-refundable.
The final 50% payment is due and payable on completion of the website but before the website is released live on the web. The website will be switched to live mode once the Clients remaining balance is paid in full.
The Client agrees to reimburse DebTheWeb for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, extra stock photography, scripts, etc.
Any revisions, additions or redesign the Client wishes DebTheWeb to perform not specified in this document shall be considered “additional” and will require a separate agreement and payment.
All services agreed to in this Contract, shall be sold for the price specified in the Quotation. Payment shall be by cash, cheque, credit or debit card, PayPal, bank transfer or bankers draft in Pounds Sterling, and made payable to “DebTheWeb”. Payment may also be made via credit or debit card through PayPal.
Website Packages do not include our Maintenance contract. Website Maintenance will be the responsibility of the Client. If a maintenance service agreement is entered into between DebTheWeb and the Client, it will be contained within its own document and not connected to this Contract. However, this Contract does include minor modifications and corrections requested within a 10 day period from completion, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the Client or an agent other than DebTheWeb attempts to update the Client’s pages during this time, work undertaken to repair the web pages will be assessed at the hourly rate of £50.00, and is not included as part of the modification time.
5. Domain Names
Domain names will be registered by DebTheWeb on behalf of the Client. Although domain names are registered to DebTheWeb, the Client is the legal owner of the domain and it is the Clients responsibility to renew their domain names when due. If a domain name expires, DebTheWeb cannot be held liable for any losses that arise from the expiration. However, DebTheWeb will make every reasonable effort to contact the client regarding the domain name renewal.
All costs incurred in transferring or changing the registered details of domain names will be met by the Client.
If a Domain name is purchased by the Client through a company other than DebTheWeb, the Client has full responsibility for ensuring the domain name is renewed when due. DebTheWeb will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than DebTheWeb.
Renewal of hosting is due on a yearly basis. The date of renewal will be annually from the date the website is completed. The hosting will not be renewed if we cannot contact the Client or the Client requests us to not host their website.
The hosting renewal fee must be received prior to the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal fee. There will be an administration fee of £60 for reactivating the website or hosting.
If the Client does not use DebTheWeb hosting services, then the management and Hosting of the website are the full responsibility of the Client.
All Hosting offered by DebTheWeb is limited to the specified Packages and as stated in our Quotation or as stated on our Company website. If the Clients website requires more space or features than stated, a Package upgrade will be required and an increase in the yearly Hosting fee will apply.
7. Search Engine Optimisation
Where DebTheWeb is asked to provide search engine optimisation for the Client, DebTheWeb do not guarantee any specific placement or high ranking in search engines, directories or other web based listings. All search engine optimisation services are as stated on our Company website or in our Quotation.
8. Copyrights and Trademarks
The web server, website, graphics and any programming code remain the property of DebTheWeb until all outstanding accounts are paid in full. DebTheWeb cannot take responsibility for any copyright infringements caused by materials submitted by the Client. The Client represents to DebTheWeb and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to DebTheWeb 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 DebTheWeb and its subcontractors from any claim, suit, litigation or legal proceedings arising from the use of such elements furnished by the Client. DebTheWeb reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Copyright of the finished assembled work of Web pages produced by DebTheWeb is owned by DebTheWeb. Upon final payment of this Contract, 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. DebTheWeb and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
9. Limited Liability
The Client hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
The Client hereby agrees to indemnify and hold harmless DebTheWeb from any claim, suit, litigation or legal proceedings resulting from Client’s publication of material or use of those materials. The Client hereby agrees to indemnify and hold harmless DebTheWeb in any claim resulting from the submission of illegal materials.
If DebTheWeb shall acquire an Internet Domain Name on behalf of the Client, then in such case the Client hereby waives any and all claims which it may have against DebTheWeb, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by DebTheWeb for any reason.
Under no circumstances, including negligence, shall DebTheWeb, its offices, agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use DebTheWeb’s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to DebTheWeb’s records, programs or services. The Client maintains sole responsibility for data backups and restoration. The Client hereby acknowledges that this paragraph shall apply to all content on DebTheWeb’s services.
Notwithstanding the above, the Client’s exclusive remedies for all damages, losses and causes of actions whether in Contract, tort including negligence or otherwise, shall not exceed the aggregate amount which the Client has paid during the term of this Contract and any reasonable solicitor’s fee and court costs.
The Client agrees that it shall defend, indemnify, save and hold DebTheWeb harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitor’s fees, (“Liabilities”) asserted against DebTheWeb, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns. The Client agrees to defend, indemnify and hold harmless DebTheWeb against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with DebTheWeb’s service, any material supplied by the Client infringing on the proprietary rights of a third party, copyright infringement, and any defective product which the Client has sold in the web design.
11. Laws Affecting Electronic Commerce
The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend DebTheWeb and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s use of Internet electronic commerce.
12. Authorship Credit
The Client may select that DebTheWeb includes a byline and link on the bottom of their web pages establishing authorship credit. This byline is upon agreement by both the Client and DebTheWeb and must be removed at any time upon written request by DebTheWeb.
DebTheWeb, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Contract disclose any confidential information to any person whatsoever.
In the event that work is postponed or cancelled at the written request of the Client, DebTheWeb shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Contract. If additional payment is due, this shall be payable within thirty days of the Client’s notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by DebTheWeb and DebTheWeb shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
If a website transfer is required to another Hosting provider other than DebTheWeb’s Hosting service, then a transfer fee applies to cover time and expenses involved in transferring all html files, images, scripts, videos and documents to the new hosting server. The transfer fee will also cover time taken for testing the website on the new Hosting service. Transfer fees are based on the time taken for the service and is charged at £50 per hour.
16. Refund Policy
The Client may apply in writing for a refund within 14 days of signing an Agreement and Form of Proposal for a Project. Any work already completed shall be billed at the hourly rate of £50.00 and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, the Client shall be liable to pay for all work completed at the hourly rate of £50.00.
16. Right to Amend Terms & Conditions
DebTheWeb reserve the right to amend these terms and conditions at any time, with 7 days written notice to the Client. Any objections to these amendments should be submitted in writing to DebTheWeb.
If you wish to discuss these terms and conditions, please contact DebTheWeb directly.
Edom Project Management Ltd
Reg. Company No. 08198480
Cefn Y Dre
Tel: 01749 677 941