TERMS AND CONDITIONS OF SERVICE (v2 24/02/2014)
1. Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Nemetona Media. Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document.
2. Clients copyright responsibilities: In situations where the client provides images, text, animations or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by Nemetona Media in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
3. Search engine promotion (SEO): Nemetona Media is not responsible for the client’s on-going web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.
4. Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
5. Client supplied content: To remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject other work and enquiries to ensure that your work is completed at the time arranged.
We ask that clients provide all the required information in advance of work commencing. On any occasion where we cannot progress your website because you have not provided the required information, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If you agree to provide us with the required information and subsequently fail to do so within 5 days of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
Text content: This should be delivered as a Microsoft Word (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Any additional editing time required by Nemetona Media will be deducted from agreed work time.
Image files: These should be supplied in web ready format (jpeg, gif, png) with image files not exceeding 100Kbs unless otherwise requested. All image editing time will be deducted from agreed work time.
Contact us if you need clarification on this.
6. Conceptualising: Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. As this concept time is part of your agreed work time we recommend that you submit a detailed list of your preferred colour scheme and design requirements beforehand. This is why it is often best to show us other websites that you like as an example of what you require.
7. Scope of work: The price quoted to the client is for the work agreed at the start of the project. Should the client decide that changes are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated.
8. Advance payment: An advance deposit of the total cost of the project is required before work can commence. After work commences this is non-refundable.
9. Payment methods: Payment is currently accepted by Debit & Credit Cards, Paypal, cheque or BACS in UK Pounds Sterling, unless otherwise agreed. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.
10. Payment terms: Payment of any balance will be due within 14 days of final invoice date. Full publication of the web pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of £25 will be required to have the site restored.
11. Late payment: Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.
12. Future support: The website is provided to and accepted by the client as a fully functioning, completed work. Nemetona Media is not responsible for future support. This support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.
13. Future site problems: Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website, and Nemetona Media will endeavour to protect it from this as much as we can during its creation. We cannot be held responsible for problems that develop on completed sites as a result of illegal activity.
14. Compliance with ecommerce, accessibility or other regulations: We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company lawyer.
15. Site licensing: Should you wish to move source code from our hosting environment we may, upon a fee of 50% of the initial development price, grant a full license for you to migrate the source code and all graphics, branding, images and databases to an alternative third party provider.
Should Nemetona Media waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Nemetona Media to waive the same clause on any other occasion.
All Website designs, layouts, design elements, graphics remain the Intellectual Property of Nemetona Media - © Nemetona Media. All rights reserved.
By agreeing to these terms and conditions your statutory rights are not affected.
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