TERMS OF SERVICE
THIS IS WHAT WE CAN EXPECT OF EACH OTHER
MOSTLY LEGAL JARGON
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “I” and “My”, refers to my Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of my assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Web Design agrees to deliver the requested work in a timely manner and shall conform to the standards as agreed in the contract document. Web Design charges for design work based on time, so any changes to the contract document once work has commenced, may result in changes in the fees already stated. In particular cases, where a job / service requires work beyond my normal business hours and turnaround time, there may be additional fees involved, over and above my standard costs. The client also understands that work, which is halted after a job has begun, will be billed on the basis of what has been completed to that time. Where work is performed by other parties as designated by the client, Web Design cannot be held liable for their performance, although Web Design shall make its best effort to work with these other parties.
The client understands that all files, web pages, graphics and programming work, except those provided by themselves, are the property of Web Design until any and all fees are paid in full at which time the client retains ownership. In the case of any programming (scripting) work, which includes shopping carts, banner rotation programs, database programs and the like, the client understands that they do not have any rights to duplicate, resell or give away any programs created by Web Design. Programs created by Web Design may not be used on other websites unless purchased by the client outright.
All work performed by Web Design is copyrighted by Web Design. The client understands that they have rights only to web publication. Any other reproduction by means of printing and/or transferring to other media may be considered copyright infringement. Copyrights may be purchased outright by the client or subject to limited use. The client also understands that all works, expressly marked or not, are protected by copyright laws. Web Design will take no responsibility for ensuring material supplied by the client has been authorized for reproduction. The client further warrants that they either own or have properly licensed/obtained copyright(s) or copyright permission to any work which they have supplied for use/reproduction, and the client agrees to assume full legal and financial responsibility for any copyright suit or action which may take place regarding materials they have supplied.
Web Design’s responsibility for typographical, pricing, or other errors shall be strictly limited to correcting such errors if they are pointed out to us during timely proofreading and site testing. It is the client’s responsibility to proofread all work and to ensure that it is (a) satisfactory, (b) correct as to size, content etc, (c) suitable for intended use, and (d) within proper copyright and other restrictions before the website is opened to the public.
The client will not use the website, nor any other service provided by Web Design to publish any material that may be construed as Defamatory, Offensive or Libellous to any other third party. Web Design shall not be held liable for any material published through its services. Web Design maintains full indemnity from any claims arising from any defamatory, obscene material, or any other breach of rights on the clients sites. The client is fully responsible the content of their Website, and any other data transmitted through Web Design’s Services, and Web Design will not undertake to monitor or control client data in respect to any content therein. Furthermore, the client agrees to indemnify Web Design in respect of any claims brought against Web Design arising from the content of their website or use of any other services, whether it be for defamatory comments, infringements of rights, or any other offence.
Loss of Earnings
Web Design will not be held liable for any loss of business incurred due to the failure of any of its services. This includes, but is not restricted to, loss of turnover, sales, revenue, profits or indirect consequential or special loss. Web Design offers a service level agreement that will reimburse the client any monies paid to Web Design for any failed services, strictly on a pro-rata basis. No other claims will be entertained. Web Design will not be held responsible for the fraudulent use, or any other misuse, of any material held on my computers, in particular any Credit Card information held thereon.
To maintain my portfolio credentials, and the integrity of any applicable copyrights, Web Design maintains the right to place a small logo on the client’s website which will link back to Web Design’s website. Web Design also maintains the right to reproduce the client’s website in my portfolio and in any marketing materials.
Domain Name and website Hosting contracts are charged out by Web Design on a per annum basis. Should a client wish to transfer hosting of either a domain name or website to an alternative ISP at any time, I would be happy to do so subject to the account being fully paid up to the date of the transfer request, and a formal transfer request being lodged by an authorized client contact. Please note that Web Design automatically renews all domain names as they expire, so should a client not wish to renew a domain name, and avoid a new annual hosting charge, then they must alert Web Design to this fact by 30 days of the expiry of the existing contract. The same also applies to website hosting.
Web Design reserves the right to request an advance deposit of up to 50% of the estimated design/ development fees before proceeding with any work. Once the client makes the final payment, their website will be made available on the internet. Web Design’s terms of engagement are strictly payable upon receipt of invoice. Web Design reserves the right to remove any website content or hosting accounts without notice if payment is unfulfilled.
All Web Design’s emails contain proprietary information, some or all of which may be legally privileged. They are for the intended recipient only. If an addressing or transmission error has misdirected these emails, the sender should be notified immediately. If you are not the intended recipient you must not use, disclose, distribute, copy, print or rely on this email. The views expressed in any Web Design email are those of the author and do not necessarily reflect the views of Web Design.