Website Design
Where specified in the Order, Mr T Webdesign shall provide Website Design Services. Mr T Webdesign Agrees to build and/or develop the relevant Website in accordance with the Customers Specification. In the event of a dispute arising as to whether the Website satisfies the Customers Specification, Mr T Webdesign decision shall be final and binding.
The Customer shall provide to Mr T Webdesign in a timely and suitable manner and in a format required by Mr T Webdesign, such information as may be reasonably necessary to enable Mr T Webdesign to complete the Website in accordance with the Customers Specification, provided that the Customer shall not supply any Information which infringes the Intellectual Property Rights of a third party or is fraudulent, offensive, abusive, defamatory, obscene or menacing or causes annoyance, inconvenience or needless anxiety or constitutes unsolicited advertising or promotional material.
The Customer unconditionally guarantees that any element of text, graphics, music and/or the Customer Content/Data other artwork furnished to Mr T Webdesign for inclusion in the Website is owned by the Customer, or that the Customer has permission from the rightful owner to use each of these elements, and will protect and defend Mr T Webdesign and its subcontractors from any claim or suit arising from the use of such elements furnished by the Customer.
Mr T Webdesign shall convert the Information and/or Customer Content/Data into a display-ready format for the Website, to meet the Customers Specification.
Mr T Webdesign may agree to carry out such changes to the Website as the Customer reasonably requires, provided that the cost of such changes is part of the chosen package, otherwise a charge of £10 per hour will apply.
A £25 non refundable deposit is payable at the commencement of the contract, which shall be deducted from the final amount owing.The final amount owing shall be paid in full prior to the Website “going live”.
Responsibility for Approving Website
The Customer acknowledges and agrees that Mr T Webdesign shall produce the Website based on the Specification as provided by the Customer.
It shall be the responsibility of the Customer, Mr T Webdesign to review and approve the contents of the Website (including, without limitation, the spelling of names and addresses and the accuracy of telephone numbers) as soon as is reasonably possible.
Search Engine Optimisation Services
Where specified in the Order, Mr T Webdesign shall provide SEO Services. Mr T Webdesign shall use its reasonable endeavours to improve the ranking of the Website in the Nominated Search Engines, however, Mr T Webdesign does not in any way guarantee the results of such endeavours. For the avoidance of doubt, the Customer accepts that Mr T Webdesign cannot guarantee any particular or specific position or ranking on any search engine, or the increase of any business to the Customer in respect of any of the Services provided.
Mr T Webdesign shall have no liability to the Customer for any changes to the position of the Website in the Nominated Search Engine results in response to a search.
SEO Services may not be suspended during the Contract term.
Web Hosting Service
Where specified in the Order, Mr T Webdesign shall provide Hosting Services.
The Customer shall be solely responsible for the accuracy, legality, currency and compliance of the Website Information and User Generated Content and will be solely liable for false, misleading, inaccurate, or infringing information contained or referred to therein.
The Customer acknowledges and accepts that Mr T Webdesign may be required by law to monitor the Website Content and traffic, and if necessary give evidence of the same together with use of the logon ID to support or defend any dispute or actionable cause or matter which arises in relation to the same.
Mr T Webdesign does not warrant that the Hosting Service or Server will be continuously available at all possible times (24 x 7 x 365 days), but will use its reasonable endeavours to keep downtime to a minimum; and the Customer agrees that Mr T Webdesign shall have no liability to the Customer for the consequences in the event of any such downtime.
Mr T Webdesign may need to at times, temporarily suspend the Hosting Service for repair, maintenance or improvement and will give the Customer as much notice as is reasonably practicable in the circumstances before doing so. Mr T Webdesign will also restore the Hosting Service as soon as reasonably possible.
The Customer accepts the Hosting Service and Server “as is” with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, continuity of service, connectivity and fitness for a particular purpose.
Other Services
Mr T Webdesign is a reseller partner for Domain Name registration, Website Hosting, and other services for companies including, without limitation, Wix or 1and1. Mr T Webdesign provides such services subject to the terms and conditions of the relevant third party service providers; and the Customer agrees hereby to be bound by and comply with such terms and conditions.
Mr T Webdesign does not accept any liability to the Customer for any financial loss resulting or arising from a Domain Name not being renewed; and/or any registered mailbox, or other such services not being available.
E Commerce Web Services
Mr T Webdesign may from time to time supply E Commerce related services via third parties, and the Customer hereby agrees to be bound by and comply with the terms and conditions of such third party suppliers
Mr T Webdesign does not accept any liability for any financial loss resulting from the Customer’s use of any E Commerce enabled website, service or functionality supplied via a third party supplier.
Delivery And Completion Dates
Mr T Webdesign undertakes to use its reasonable endeavours to provide completed Web Design Services to the Customer within the time frame stipulated in the Order, or if no time frame is specified, within a reasonable period from the date on which Mr T Webdesign receives a signed Order from the Customer.
The dates and timeframes for carrying out the Services and delivery of any resultant Website are approximate only. The Customer hereby acknowledges and agrees that time is not of the essence for delivery or performance.
Mr T Webdesign will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform save where the same is a result of the gross negligence of Mr T Webdesign.
No delay shall entitle the Customer to reject any delivery or performance or any other Order from the Customer, or to repudiate the Contract or the Order.
Warranties
The Customer warrants that:
It has the right to include, and permit Mr T Webdesign to include, the Information and the Customer Content/Data on the Website, or has obtained the rights from third parties to do so;
it will not supply Mr T Webdesign with, or upload to the Website, post, email, or otherwise transmit (or allow to be transmitted) by the Website (or request that Mr T Webdesign carries out any such upload, posting, email or transmission on the Customer’s behalf), of any Customer Content/Data, Information or User Generated Content that is:a) unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;b) harmful to minors in any way;c) in breach of any third party right under any law or under a contractual or fiduciary relationship;d) an infringement of any Intellectual Property Rights;e) unsolicited or unauthorised advertising, promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;f) containing software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;g) intentionally or unintentionally a violation of any applicable law and/or regulation having the force of law;h) data which contravenes the United Kingdom Data Protection Legislation in any way, and that it will comply with the Data Protection Act 1998
The Customer accepts that Mr T Webdesign is under no obligation to monitor or approve the Information, Customer Content/Data or User Generated Content and accepts that Mr T Webdesign excludes all liability of any kind for all material comprising the same.
Mr T Webdesign warrants that:
It shall perform the Services with reasonable skill and care in accordance with the standards generally observed in the industry for similar services; and that they will comply with the Data Protection Act 1998.