Terms & Conditions
Definitions: The “Client” is the person, company, firm or individual with whom the contract is made. “RB Websites” is the web designer Richard Bateman. The “Contract” means the agreement between the Client and RB Websites for the sale of services. All written and oral statements or representations are superseded by the contract, unless inclusions or exclusions of these terms are specifically altered in writing by RB Websites. “Services” means Web Design, Site Promotion, Training or Support.
Contract: Having received a verbal or written brief from the Client, RB Websites will produce a quotation detailing the work to be carried out, which will become the basis of the Contract. The Contract shall not become binding until such a time as the Client returns a signed confirmation. RB Websites will only carry out the work where a signed Contract has been received. RB Websites reserves the right to amend the Contract and the original quotation if the Client changes the content and specifications contained in the original Contract. The Client agrees to be bound by these alterations to the Contract and revised quote. RB Websites will not carry out work for any client who is under 18 years of age. By signing the Contract, the Client accepts and agrees to be bound by the terms contained therein.
Copyright & Content: The Client must own copyright, or have Rights of Usage, of all artwork, trade names, photographs and other materials supplied to RB Websites. The Client shall indemnify RB Websites against any costs whatsoever in connection with the ownership of copyright, Rights of Usage or content. The Client shall have full liability for any consequences appertaining to the content of the site as long as the site reflects the Client’s instructions to RB Websites. The Client is liable for any reasonable legal costs incurred by RB Websites caused by the content supplied by the Client and agrees to indemnify RB Websites for any awards made in a court of law. RB Websites will not at any time be responsible for any of the material supplied by the Client in regard to copyright, errors or omission’s faults or subsequent damages. This also includes material supplied by software, discs or electronic transfers if supplied by the Client to RB Websites for publishing on the web. All materials supplied to RB Websites for inclusion in the site remain the copyright of the Client.
All design, graphics and programming produced by RB Websites will remain the property of RB Websites for the duration of the web sites existence and shall not be modified or reused by any third party or associated business, unless otherwise agreed or express permission from RB Websites has been given. If any infringement of copyright occurs with the knowledge of the Client, then the Client must inform RB Websites immediately upon becoming aware of the breach. RB Websites reserves the right not to publish on the web any content which it deems as being indecent, obscene or offensive towards others.
The Design Process : RB Websites commits to make work available on the internet at all times during the design process. The Client agrees to use this to review the work in process. Copyright for all content supplied or created by RB Websites remains the property of RB Websites at all times. When the Client has agreed the design proof then any alterations will be considered to an amendment to the Contract and the original quotation may be changed. All design modifications must be confirmed in writing by the Client. On completion of the Client’s site, the Client must return a signed Completion Form to RB Websites. When full payment has been received, RB Websites will upload the Client’s web site to the domain location and transfer the site’s ownership and title to the Client. The Client agrees to make available all materials required to complete the site to the agreed specifications within 30 days of the design proof being approved. The time between design proof approval and receiving these materials will be added onto the deadline for the project. RB Websites will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. RB Websites will not be liable for costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Client or any of the Client’s appointed agents. After completion of the web site, the Client will then be responsible for the updating and maintenance of their site until a Web Site Management agreement has been signed.
Payment: Payment to RB Websites will be required when the Client approves the design proof in writing. This amount will be stipulated in the quotation. Payment of the remaining money is due when the Completion Form is returned. On receiving the remaining balance then RB Websites will upload the Client’s site to the domain location. All payments should be made within 30 days of the invoice date. Any invoices remaining outstanding for periods in excess of 30 days will attract interest at the rate of 2% per day. Once RB Websites has received written design proof approval then a cancellation fee of 50% of the remaining cost will apply if the Contract is terminated through no fault of RB Websites. If the Web Site content has not been received by RB Websites within 30 days of design proof approval, then the Client will be invoiced for 50% of the remaining balance. All quotations given are valid for 60 days, after which RB Websites reserves the right to change them. Hosting and/or Domains will be invoiced separately at some time between design proof approval and completion. Hosting will not be arranged until payment for this service has been received. RB Websites will undertake requested updates to the Clients web site at a reduced chargable rate. These updates shall be charged at either a fixed rate or hourly rate dependant upon work quantity. All payments should be made within 30 days of the invoice date.
Domain Name & Hosting: RB Websites purchases domain names and hosting services from a third party provider on behalf of the Client. The Client takes all risks in regard to solvency and performance of these third parties. The third party is solely responsible for the services. RB Websites supplies the Client’s domain name in good faith and will not be responsible for any claims, damages, penalties and expenses arising from third party allegations that the registered domain name infringes any rights owned by such third parties. Whilst RB Websites endeavour to optimise the Client’s site for search engine inclusion and ranking, it cannot be held responsible for poor ranking or non-appearance as this is at the sole discretion of the third party search engine provider.
General: RB Websites reserves the right to waive any of these terms on an individual basis. This does not, however, affect the validity of the remaining clauses or mean that RB Websites has to waive the same clause in the future. This contract should be construed in all aspects as an English contract and in conformity with the English Law.
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