Terms and Conditions
This website is owned and operated by Alpha Designs who are completely dedicated to your total satisfaction. If you have any suggestions or comments or if you need to contact us, please contact us using the details below.
Our Contact Details:
Telephone: 01432 890 332
Mobile: 07792 984 909
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.
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, 25% deposit of the quoted fee from the client. Alpha Designs will also require 25% payment on approval of the overall design concept. The final 50% 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 on-going 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.
- If on-going work/updating/maintaining of a clients website is required it is the responsibility of the client to inform Alpha Designs of any changes that are required – price changes, VAT increase etc. Alpha Designs takes no responsibility.
- 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.
ACCEPTANCE OF TERMS AND CONDITIONS
- 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 supplied on our website or on a document, and agrees to be legally binding by these Terms and Conditions.
WEBSITE MAINTENANCE CONTRACT
- This is a separate contract which will require a signature to be implemented.
UPDATING THE WEBSITE
- If any changes to the website are required they will be carried out on a ‘Pay As You Go’ basis. You only pay for the work carried out by Alpha Designs at a rate of £30 per hour (charged at 15 minute intervals). If in the future you do not require Alpha Designs to make any changes to your website, please confirm this in writing. Once this is received all details, website design and content will be sent to you via recorded delivery.