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for a no obligation free website design
quote for your business/organisation |
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| DEFINITION
OF TERMS |
- Alpha Designs - Cheryl Evans trading as Alpha
Designs.
- The Client - is a person, persons, business
or organisation using any of the services provided
by Alpha Designs.
- Project - is any work undertaken or service
provided by Alpha Designs for the client on
their request and as described in our confirmation
order email to that client.
- Browser, Internet Browser, Web Browser - the
software with which websites can be viewed e.g.
Mozilla Firefox, Microsoft Internet Explorer,
Netscape and Opera. We use these browsers for
the purposes of testing websites. These are
currently defined as the software versions of
current on the date the contract is signed by
the client.
- Domain Name - is the website address as specified
by the client, e.g. www.yourwebaddress.com.
All such names must be registered with the appropriate
naming authority. A fee will apply for this
service.
- Downtime - time when the website is not accessible
via the Internet. This may be because of a technical
failure of the Host or because work is being
carried out on the website.
- Host - the company on whose system the website
physically resides. There is a yearly cost to
keep a clients website activated online.
- Search Engine - a website which contains a
directory of websites on the Internet enabling
users to find websites by subject matter classification.
- Website - a collection of web pages and associated
code which forms an integrated presence.
- Live Status - means the date the website is
available on the client's chosen domain.
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| TERMS
AND CONDITIONS |
- The contract between Alpha Designs and the
client will be on these conditions, to the exclusion
of all other terms and conditions. Any variations
to these conditions shall have no effect unless
agreed in writing.
- The work to be carried out shall be as set
out in the Alpha Designs confirmation order
email.
- Email will be the method of contact with regard
to all communication. Although Alpha Designs
can be contacted by telephone, we will use email
as our method of communication and therefore
it is the client's responsibility to inform
us of any change in email address and contact
details. Alpha Designs can not be held liable
in any way relating to communication issues
if we are not supplied a valid email address.
- Alpha designs will only commence work on a
project after receipt of a non refundable, 50%
deposit of the quoted fee from the client. Alpha
Designs will also require 25% payment on approval
of the overall design concept. The final 25%
payment is to be made on completion of the website.
The website will be uploaded to live status
once the clients remaining balance is paid in
full.
- The payment schedule is as above unless an
alternative payment schedule has been referred
to via contract or other written correspondence.
- Alpha Designs will invoice the client for
the balancing payment in accordance with the
above, which, in the absence of a written agreement
to the contrary, is to be paid by the client
within 14 days of the date that the invoice
was issued. If payment has not been received
by the due date, we have the right to suspend
ongoing work for the client, until such time
that full payment of the outstanding balance
has been received. If full payment has still
not been received 21 days after the due date,
we have the right to replace, modify or remove
the website and revoke the client's licence
of the work until full payment has been received.
By revoking the client's licence of the work
or removing the website from the Internet, Alpha
Designs does not remove the client's obligation
to pay any outstanding monies owing.
- The deposit paid to Alpha Designs covers the
cost of design work carried out as well as any
administration work and communication with Alpha
Designs. The deposit is non refundable.
- Alpha Designs expects the client to carry
out sufficient research before proceeding with
a website. This will include checking that the
website/idea/business will operate legally.
It is important that the website is not in any
way illegal.
- We take no responsibility for the functionality
or maintenance (unless a maintenance contract
is in place) of the website after the project
has been completed. Errors (both technical and
typographical) solely attributable to Alpha
designs will be corrected free of charge, but
we reserve the right to charge a reasonable
fee for correction of errors for which we are
not responsible, including, but not limited
to malicious modification of the website by
a third party and typographical errors contained
in materials provided to us by the client.
- It is important for the client to keep in
contact with us throughout the entire project.
If a client does not make contact for 1 week
we will make up to 5 attempts to contact the
client by email. If we do not receive a response
to these attempts of contact the project may
be terminated, and the deposit will not be refunded.
- Where images used on the website have been
purchased by Alpha Designs on behalf of the
client, these images are strictly for use on
the website only. Alpha Designs are not liable
for misuse of these images by the client or
any other person's copying, altering or
distributing the images to individuals or other
organisations.
- Alpha Designs cannot be held responsible for
anything adversely affecting the client's business
operation, sales, or profitability that might
be claimed as a result of a service offered
by Alpha Designs.
- Where asked to provide search engine optimisation
for a client, we do not guarantee any specific
placement or high ranking on search engines.
- Alpha Designs will provide the client with
an expected completion date for the project
if requested. We will endeavour to meet any
given deadline, but do not guarantee and are
not bound in any way to complete the project
by this date.
- The client is to supply all materials and
information required for us to complete the
project in accordance with the agreed specification.
Such materials may include, but are not limited
to, photographs, written copy, logos and other
printed materials. Where the client's failure
to supply such materials leads to a delay in
completion of the work, we have the right to
extend previously agreed deadlines for the completion
of the project. Such deadline extensions may
take into account further unforeseen and/or
predicted delays, and/or commitments to other
projects such that the deadline extension added
by us may exceed the delay caused by the client.
Where the client's failure to supply materials
prevents progress on the project for more than
14 days, Alpha Designs reserves the right to
invoice the client for any part or parts of
the project already completed.
- On completion of the project, the client will
be notified and have the opportunity to review
it. The client should notify us, in writing,
of any unsatisfactory points. Any of the project
which has not been reported in writing to us
as unsatisfactory within the 7 day review period
will be deemed to have been approved. Once approved,
or deemed approved, work cannot subsequently
be rejected, and the contract will be deemed
to have been completed and the balancing payment
will become due.
- Alpha Designs own all design and code of
the website until final payment has been received
in full. Once final payment is received, the
client will then own the design and code of
the website.
- All images displayed on the client's website
will only be used after authorisation by the
client, and are the sole responsibility of the
client regarding usage and copyright. Should
any legal issues or claims arise from the content
or copyright of any images supplied by the client
or Alpha Designs, they will be the sole responsibility
of the client.
- Domain names will be registered by Alpha Designs
and also registered to the Alpha Designs current
address. Although the domain names are registered
to Alpha Designs, the client is the legal owner
of the domain and if they request to have details
changed or the domain transferred elsewhere,
we will do this within a specified time.
- It is the responsibility of the client to
renew their domain names when due. If a domain
name expires, Alpha Designs can not be held
liable for this. However, we will make reasonable
effort to contact the client regarding domain
renewal.
- If a domain name is purchased by the client
through a company other than Alpha Designs,
the client has full responsibility in making
sure that the domain name is renewed when due.If
the client does not renew the hosting or their
domain name it could be made available to the
public for purchase and Alpha Designs can not
be held liable for this.
- Renewal of hosting is due on a yearly basis.
The date of renewal will be annually from the
date the website was ordered by the client.
The hosting will not be renewed if Alpha Designs
cannot contact the client or the client requests
for us to cancel hosting of their website.
- The hosting renewal charge must be received
within 10 days of the hosting expiry date. Alpha
Designs reserve the right to deactivate any
website where the hosting has expired and the
client has not paid the renewal charge. There
will be an admin fee set by Alpha Designs for
reactivating the website/hosting.
- Alpha Designs has no control of, or responsibility
for, the content of clients websites.
In no way does the textual or image based content
of our client's websites constitute Alpha Designs
endorsement, or approval of the website or the
material contained within the website. Alpha
Designs has not verified any of the materials,
images or information contained within our client's
websites and is not responsible for the content
or performance of these websites or for the
client's transactions with them. Alpha Designs
provides links or references to our client's
websites solely for the convenience of prospective
customers and intends that the links it provides
be current and accurate, but does not guarantee
or warrant that such links will point to the
intended client website at all times.
- Alpha Designs are not liable for loss, damage
or corruption to files or information stored
on servers or individual PCs relating to a client's
website. The client is solely responsible for
any information or files relating to its website.
- Alpha Designs makes no claims that the contents
of this website may be lawfully viewed or downloaded
outside England and Wales. Access to this website
may not be legal by certain persons or in certain
countries. If this website is accessed from
outside of the United Kingdom, it is done at
own risk and the visitor is responsible for
compliance with the relevant laws of the visitor's
jurisdiction. The terms and conditions of this
website are governed by the laws of England
and Wales. Jurisdiction for any claims arising
in respect of this website's content shall
lie exclusively with the courts of England.
If any provision of these terms and conditions
is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining
provisions of these terms and conditions, which
shall remain in full force and effect.
- The client agrees that Alpha Designs may include
development credit(s) and/or link(s) displayed
on the client's website, unless this is
otherwise defined in the foregoing specification
of work. These development credit(s) and/or
link(s) may not be removed or modified, by the
client or by a third party authorised by the
client, without written authorisation from Alpha
Designs.
- Alpha designs can take no responsibility for
services provided by third parties through us
or otherwise, including the hosting of the client's
website, although we will endeavour to ensure
that website downtime is kept to a minimum.
- These terms and conditions may change from
time to time. Where a contract exists, the client
will be informed of revisions as and when they
are issued.
- Services supplied by TechGirl come under the
same terms and conditions as well as a separate
job completion form which is required to be
signed before and after the job is completed.
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ACCEPTANCE OF TERMS AND
CONDITIONS
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| By accepting a quotation or
making a payment of invoice to use the services
supplied, the client acknowledges to have read,
understood, and accepted the Terms and Conditions
of this Agreement, and agrees to be legally binding
by these Terms and Conditions. |
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for a no obligation free website design
quote for your business/organisation |
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