Terms and Conditions
- Custom website design and development.
- Website architecture and wireframing.
- Front-end and back-end development.
- Content management system (CMS) integration.
- Responsive and mobile-friendly design.
- E-commerce functionality.
- Website testing and debugging.
- Website deployment and launch support.
OBJECTIVES AND GOALS
The Service Provider shall:
- Use reasonable care and skill to ensure that the Services meet the agreed-upon requirements.
- Report to the Client on the progress of the Services in a timely and efficient manner.
- Provide the Service Provider with access to necessary information, facilities, and equipment as may be reasonably required for the Service Provider to provide the Services.
- Provide timely feedback and decisions to assist the Service Provider in the timely and efficient delivery of Services.
The estimated timeline for project completion is 24 weeks from the project start date. This timeline includes key phases such as planning, design, development, testing, and deployment. Delays caused by the Client, including late feedback and content delays, may result in an extension of the deadline and shall not be considered a breach by the Service Provider
To prevent this issue the Client must provide feedback within five (5) business days of receiving updates. If the Client fails to provide actionable feedback within this timeline the Service Provider reserves the right to proceed with the project based on their professional judgement.
At the outset, there will be a ‘Website Onboarding Stage’ where the Service Provider will walk the Client through the development process in detail. This session will cover key aspects such as project phases, client approval procedures, website payment milestones, and any other critical information necessary for a smooth and efficient project timeline.
Any changes to the scope of the Services, including additional features or modifications beyond the original scope shall be agreed upon in writing and may be subject to additional charges at a rate agreed upon by both parties before any additional work commences.
INTELLECTUAL PROPERTY RIGHTS
Upon full payment, the Client shall own all rights to the website’s final design and development.
The Service Provider retains the right to use the project in their portfolio.
In the event of a dispute, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved by negotiation, the parties may agree to proceed to mediation or binding arbitration in the United Kingdom.
TERMINATION FOR NON-RESPONSIVENESS OR NON-PAYMENT
- Pause the project until the Client responds.
- If the delay exceeds thirty (30) days, the Service Provider may terminate the Agreement and retain any payments made up to that point.
- Suspend all work until the outstanding payment is received.
- If the delay exceeds thirty (30) days, the Service Provider may terminate the Agreement and retain payments already made.
- If the Client fails to make payment and legal action is required for recovery, the Client agrees to reimburse the Service Provider for any and all legal fees, court costs and collection expenses incurred.
- The Client will not be entitled to a refund for work already completed.
- The Service Provider will provide any completed work up to the termination date unless the Client has failed to make payments, in which case the Service Provider retains ownership of all work until payment is received.
- The Client must remove any unpaid or unauthorised use of work created by the Service Provider.
CONFIDENTIALITY
The Service Provider acknowledges that it may have access to confidential and proprietary information of its Clients. Both parties agree to maintain the confidentiality of the Confidential Information and not disclose it to any third party without the prior written consent of the disclosing party, except as required by law.
The Service Provider agrees to comply with all applicable laws and regulations in the development of the Services.
The Client shall, to the best of their knowledge, provide accurate and complete information required for the website development process. The Service Provider will not assume any liability for errors, delays, or issues arising from inaccurate or incomplete information provided by the Client.
The Service Provider will make every reasonable effort to develop a professional, functional, and high-quality website that aligns with the Client’s requirements. However, the Service Provider does not guarantee specific results, performance, or functionality beyond the agreed project scope. Additionally, the Service Provider assumes no liability for any losses, damages, or expenses incurred by the Client due to the use, operation, or performance of the website.
REMEDY FOR SERVICE ISSUES
a. Issue Resolution
If any issues arise during website development that are directly attributable to the Service Provider, they will take appropriate action to resolve them. At the Service Provider’s discretion, the resolution may include:
Reworking or correcting the affected parts of the website at no additional cost to the Client, or
Providing a refund for the portion of the development fees related to the affected phase.
b. Notification of Issue
The Client must notify the Service Provider in writing within fourteen (14) days of discovering an issue, providing clear details about the problem. The Service Provider will assess the claim and, if the issue is confirmed to be their responsibility, will take prompt corrective action.
c. Scope of Service Provider Liability
The Service Provider is responsible for remedying issues in cases such as, but not limited to:
Failure to deliver the website in accordance with the agreed specifications, timeline, or scope outlined in the Website Onboarding Stage.
Significant functionality issues caused by errors in development that affect usability, performance, or responsiveness.
Breach of contract obligations that results in direct financial loss, such as unauthorised sharing of Confidential Information.
Negligence or misconduct by the Service Provider’s team that negatively impacts the Client’s website or business operations.
d. Limitation of Remedy
The remedies provided in this section shall be the Client’s exclusive recourse for any breach of this Agreement related to website development. The Service Provider shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to lost revenue, lost business opportunities, or reputational harm, even if such damages were foreseeable.
e. Client’s Obligation to Mitigate
The Client agrees to take reasonable steps to minimise the impact of any website-related issues by notifying the Service Provider as soon as possible, allowing for early intervention and resolution.
f. Cap on Liability
The total liability of the Service Provider for all claims related to website development shall not exceed the total fees paid by the Client for website development services under this Agreement. This limitation applies to all claims, whether arising from contract, negligence, or any other legal basis, and includes all forms of damages, whether direct, indirect, or consequential.
SEVERABILITY
a. Enforcement of Provisions
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, reflecting the parties’ original intent, and the remaining provisions of this Agreement will remain in full force and effect.
b. Partial Invalidity
To the extent that any provision or portion of a provision of this Agreement is determined to be superfluous or unnecessary, such determination shall not affect the validity or enforceability of the remaining portions of such provision or any other provision of this Agreement.
c. Effort to Sustain Validity
The parties hereby agree that they will negotiate in good faith or will allow a court or arbitrator to modify any provision of this Agreement which is found not to be enforceable so as to achieve as nearly as possible the same effect as originally drafted.
a. General Policy
All payments made to the Service Provider are final and non-refundable. By entering into this Agreement, the Client acknowledges and agrees that no refunds will be issued for any reason, including but not limited to dissatisfaction with the final product, change of mind, or decision to discontinue the project.
b. Non-Refundable Payments
All deposits, milestone payments, and final payments are non-refundable, regardless of the stage of project completion. This includes but is not limited to:
•Initial deposits or retainers;
•Payments made toward completed project phases;
•Payments made for digital deliverables or services rendered.
c. Service Disruption or Termination
In the event that the Agreement is terminated due to Client non-responsiveness, non-payment, or breach of terms, the Client is not entitled to any refund. The Service Provider will retain any payments made and may repurpose or withhold work if payment obligations are unmet.
d. Chargebacks and Disputes
The Client agrees not to initiate any chargebacks or payment disputes without first notifying the Service Provider and providing an opportunity to resolve the issue. Any chargeback initiated by the Client will constitute a material breach of this Agreement and may result in legal action. The Client will be responsible for any legal fees or collection costs incurred by the Service Provider.
e. Work Ownership and Access
All work completed remains the property of the Service Provider until full payment is received. If a refund is wrongfully issued or a payment is reversed, the Client must immediately cease use of any work or materials delivered and remove them from all platforms, publications, or media.
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