WEB DESIGN - Terms & Conditions

Clause 1 - Interpretation

1.2 The "Buyer" means the person, firm, company, organisation or individual with whom the Contract is made.
1.3 The "Seller" means 4FrontMedia its assignees and successors in title.
1.4 The "Contract" means the Contract between the "Seller" and the "Buyer" for the sale of the "Design Services" and the "ISP Services" of which these terms and conditions are part. All written / oral statements and representations are superseded by "The Contract", unless inclusions or exclusions of terms contained herein are specifically varied by the "Seller" in writing.
1.5 "ISP Services" means Web Hosting, E-mail Accounts and Connection Accounts.
1.6 "Design Services" means Web Design, Site Promotion and Web Design & Internet Training.

Clause 2 - Acceptance of Order and expiry date

2.1 The "Buyer" by placing an order for the Service, confirms, their acceptance of "The Contract" and agrees to be bound by "The Contract".
2.2 No binding Contract shall be created by the acceptance on the part of the "Buyer" of a quotation or offer made by the "Seller" until notice of the acceptance of the order in writing shall have been given by the "Seller".
2.3 The "Seller" reserves the right to accept or reject any order offered by the "Buyer".

Clause 3 - The Contract and its acceptance

3.1 The "Seller" is entitled to update "The Contract" and the "Buyer" by placing an order for the Service agrees to be bound by any "Contract" revisions after their implementation date. The "Seller" commits to communicate such changes 7 days prior to implementation. The "Buyer" is responsible for reviewing regularly the terms, which are shown online under the heading 4FrontMedia Terms and Conditions at:

www.4frontmedia.net/terms/services.htm

3.2 "The Contract" shall always prevail In the event of conflicts between the Contract and any other document.

Clause 4 - Commencement

4.1 Prior to commencement of "Design Services" the "Seller" requires a signed hardcopy order from the "Buyer" and a deposit of 50% of the total web site development costs (inc VAT).
4.2 The "Seller" will make every effort to ensure "ISP Services" commence within 24 hours from receipt a signed hardcopy order from the "Buyer".

Clause 5 - Prices

5.1 All "Design Services" prices are quoted by the "Seller" are based on site content agreed at time of order between the "Buyer" and "Seller".
5.2 After receipt of the "Buyers" signed purchase order, the "Seller" reserves the right to revise the original quotation where alterations to content or specifications are made by the "Buyer" and not covered by the "Buyers" original signed purchase order (See Website alterations).
5.3 All prices quoted by the Seller are exclusive of VAT.

Clause 6 - "Design Services" Site Title

6.1 While the "Buyer's" site is in development by the "Seller", the "Seller" commits to make available at all times all work in progress.
6.2 The "Buyer" agrees to use this facility for review purposes only. All services, development, design and material, graphic or otherwise, supplied or generated by the "Seller" remain the "Sellers" copyright until the final "Sellers" invoices have been paid in full by the "Buyer".
6.3 On completion of the "Buyer's" Website, the "Buyer" will be required by the "Seller" to sign and return a project completion approval form.
6.4 On receipt of full payment of final invoices, the "Seller" will upload the "Buyer's" website to the agreed Domain location. At this time the Website's title and ownership will transfer to the Buyer.

Clause 7 - Copyright

7.1 The "Seller" reserves copyright on all materials and designs and forbids the "Buyer" to pass such materials and designs to a third party or associated business without first seeking the "Sellers" permission and agreement.
7.2 Any third party copyright materials used by the "Seller" on behalf of the "Buyer" cannot be used by the "Buyer" without first seeking the third parties permission or agreement.
7.3 If the "Buyer" supplies the "Seller" with text, photography, artwork, animation's, brochures, information or material of any kind, the "Seller" will not at any time be responsible whatsoever in regard to copyright, errors or omission's faults or subsequent damages. This also includes that supplied by software, discs or electronic transfers if supplied by the "Buyer" to the "Seller" for publishing to the Internet.
7.4 The "Buyer" must indemnify the "Seller" against third parties suffering subsequent faults and damages caused to hardware, software programs, or such damages as loss of production and earnings, due to materials supplied by the "Buyer" for use by the "Seller".
7.5 The "Seller" will not be held responsible for establishing 'Rights of Usage' on any materials supplied by the "Buyer".

Clause 8 - Cancellation

8.1 On receipt of the Buyer's signed purchase order and 50% deposit, the project is deemed started. After this point cancellation by the "Buyer", would result in the "Buyer's" 50% deposit becoming non-refundable.
8.2 On receipt of cancellation, If it is deemed by the "Seller" that more then 50% of the project has been completed, the "Buyer" agrees to pay the "Seller" the difference between the deposit and the completed work.

Clause 9 - Website Alterations

9.1 On receipt of the Website approval form from the "Buyer", the "Seller" the Seller commits to make adjustments free of charge for the first hour of consultation. After which, changes, updates and additions, unless costed on a project by project basis, will be charged at standard hourly rates.

Clause 10 - Payment

10.1 The "Seller" reserves the right to cease "Design Services", suspend "ISP Services" or remove the "Buyer's" web site from view, if at such time there is dispute or delay over an agreed payment.
10.2 Before commencement of any Design Services the "Seller" requires in their possession from the "Buyer" 50% of all "Design Services" and associated "ISP Services" costs.
10.3 Before the "Buyer's" completed Website can be published to the Internet the "Seller" will require from the "Buyer" the receipt of the remaining 50% of all Website and Associated "ISP Services" costs.
10.4 If a "Design Services" project is delayed by the "Buyer" four weeks beyond the agreed project lead-time and if agreed that more than 50% of the project has been completed, a further 25% of the overall project cost (inc. VAT) will be due for payment immediately by the "Buyer" on submission of the "Sellers" invoice.
10.5 Invoices for "ISP Services" are due for payment within 14 days from "Service" commencement.

Clause 11 - Domain Name Registration

11.1 The "Seller" supplies and offers Domain Name Registration in all good faith and advises the "Buyer" that the Seller will not be held responsible for any claims, damages, penalties and expenses arising from any third party allegations that the registered Domain Name infringes any rights owned by such third parties.

Clause 12 - Dial-up Connection Services

12.1 The "Seller" at no time will be held responsible or liable for any financial loss or damage to the "Buyer'" or associated third parties business, if the third party provider of the unmetered connection offered by the "Seller" has has service failures, which results in "Buyer's e-mail account to be unusable or the "Buyer's" site being non viewable.
12.2 All unmetered connection contracts entered into by the "Buyer" with the "Seller" are for an initial minimum of 12 months. If cancellation occurs within the first 12 months the "Buyer" will be liable for the outstanding monthly or quarterly charges up to the remainder of the first 12 months.

Clause 13 - Liability

13.1 It is the responsibility of the Buyer to be familiar with the relevant data protection and privacy laws and recognises that the "Supplier" has no control or influence over e-mail content processed by the "ISP Service. The "Buyer" shall hold the "Seller" harmless from and indemnify the "Seller" against any claims by any party relating thereto.
13.2 The "Seller" shall be under no liability for any loss or damage (whether direct, indirect, incidental or consequential) howsoever arising, which may be suffered by the "Buyer" in relation to "Design Services" and "ISP Services" beyond the equivalent of one months charge to the "Buyer".
13.3 Nothing in this Contract shall affect the liability of the "Seller" for death or personal injury caused by its negligence.
13.4 If any exclusion, disclaimer or other provision contained in this Contract is held to be invalid for any reason by a court of competent jurisdiction and the "Seller" becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence) or otherwise, will not exceed the total charges paid by the Buyer in the 12 months preceding such liability arising.

Clause 14 - Confidentiality

14.1 Where the Supplier exercises its right as provided in 10.1, the "Supplier" will use every endeavour to maintain confidentiality on information so received.

Clause 15 - Search Engine Submission

15.1 The "Seller" will make every effort to ensure the "Buyer's" site is submitted to the agreed Search Engines but will not be held responsible for poor ranking or non appearance.

Clause 16 - Advertising

16.1 The "Buyer" agrees to allow the "Seller" to submit a small and discreet advertisement at the bottom of all web site pages.

Clause 17 - General

16.1 Any notice required to be given to "Design Services" or "ISP Services" shall be in writing and shall be delivered by prepaid first class post to the address of the relevant party set out in the "Buyer's" order details for the "Buyer" and on the "Suppliers" Web site for "Supplier".
16.2 Failure or delay by "Supplier" in enforcing any term of the Contract shall not be construed as a waiver of any of its rights under it.
16.3 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
16.4 This Contract shall be construed in all aspects as an English contract and in conformity with the English Law.