Mobile terms-script - Webittz The Web Designers

Webittz Business Terms and Conditions:


Definitions and Terminology


The term ‘Webittz LLP’ or ‘we’ or ‘us’ refers to the owner the website Webittz LLP, here in after referred to as Webittz, Roseberry House, Smallwood Hey, Pilling, Preston, PR3 6HJ.


The term ‘Project’ is any service provided or work undertaken by Webittz for the Client at their request as described in the email to that Client.


The ‘Domain Name’ is the website address as specified by the Client.


Client – This is the organisation, person, persons or business using any of the services provided by Webittz.


Content is the text and the images that the Client supplies for the website.


‘Hosting’ is part of the service provided to the Client to maintain the website active online.


1.0 All images, text and all content displayed on the Client’s website will only be used when authorised by the Client, and are the sole responsibility of the Client for usage and copyright. Should any legal issues or claims arise from the content or copyright of any images, text all content supplied by the Client or Webittz, they will be the sole responsibility of the Client.


2.0 On completion of the website by Webittz, the Client will be notified and have the opportunity to review the website. The Client shall notify Webittz in writing of any unsatisfactory points within 7 days of receipt of such notification. Any of the website that has not been reported to Webittz in writing as unsatisfactory will be deemed approved. Once the website has been approved or deemed to be approved the website cannot be subsequently rejected. The website will be deemed to have been completed and all payment balances will then be due. This agreement shall remain in effect until all obligations under this clause have been completed in terms of this clause.


3.0 If the layout and coding of the site has been completed but submission of artwork, text, Payment Gateway details or any other information remains outstanding by the Client, then the Client shall be notified. If the submission of this information remains outstanding for 7 days after this notification then an interim payment of 50% of the total fee payable shall become due. On submission and completion of the site to the reasonable satisfaction of the Client but subject to items 19 and 20 approval of website and rejection of website hereof, the balance of 50% shall be due.


4.0 Webittz will submit all information to the hosting company in html format.


5.0 If the Client rejects the website within the 7 day review period and will not approve subsequent alterations made by Webittz to remedy any points reported by the Client as unsatisfactory, or Webittz considers that the Client is unreasonable in their repeated rejection of the website, the agreement will be deemed to have expired and Webittz can take any legal measures to recover both payment for the completed website and reasonable expenses incurred in recovering payment.


6.0 Domain names will be registered by Webittz and also registered to the Webittz current address. Provided that full payment for the website has been received the domain name will be sold to the client by negotiation. If the client requests to have details changed or the domain transferred elsewhere, Webittz will do this provided that full payment for the website has been received, within a reasonable timeframe, after payment of £95.00. In the event that the client does not make the full payment for the website, Webittz will retain full ownership of the domain name and Website copyright and content and all other legal rights.   


7.0 A domain name will be registered by Webittz on behalf of the client once we have received the 50% deposit.


8.0 It is the responsibility of the Client to renew their domain names when due. If a domain name expires Webittz can not be held liable for this. However, Webittz will make reasonable effort to contact the Client regarding domain renewal.


9.0 Webittz owns all design and content of the website until final payment has been received in full. Once the final payment has been received, the Client will then own all content of the website. Webittz will continue to own the design and all copyright of the website. The Client shall provide all script and digital images to Webittz for inclusion in the website, unless it has been agreed otherwise in writing.

 

10.0 When a Client renews Hosting with Webittz, this also includes domain renewal if the renewal is needed to keep the site functioning. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Webittz can not be held liable for this.


11.0 Renewal of Hosting is due on an annual basis. The date of renewal will be one year from the date the website was ordered by the Client. The Hosting will not be renewed if Webittz cannot contact the Client or the Client requests for Webittz to not host this site.


12.0 The Hosting renewal charge must be received within 10 days of the Hosting expiry date. Webittz 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 administration fee set by Webittz for reactivating the website/Hosting.

 

13.0 If the Client does not use Webittz Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.


14.0 Should a Client wish to move Hosting away from Webittz or transfer a Domain name away from Webittz, a £95 admin charge will be issued, which must be paid before the transfer takes place.

 

15.0 Webittz 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 web sites constitute Webittz endorsement, or approval of the website or the material contained within the website. Webittz has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. Webittz 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 site at all times. Acknowledgement of registered customer emails will normally be within two working days as stated in the Proguard Guarantee, Webittz can take up to 7 working days to acknowledge registered customer emails at any time or for any reason.

Availability of webittz to discuss future development of the website shall mean no more than four sessions of one hour duration in any 12 month period. Ongoing management of your website shall mean hosting and occasional minor updates of the website, totaling no more than one hour per calendar month. Additional hours shall be charged at a rate of £35 per hour (travel expenses will not be charged to the client).  


16.0 We operate a "zero tolerance" policy for spam. We will discuss with you the correct and safe usage of mailing lists, but if we receive any notification of spamming we will instantly remove your site from our server and will cease to offer hosting for your site. We and the commercial Internet world take the problems caused by spam extremely seriously. If any of our managed websites are reported for spamming then ALL our customers’ websites will be excluded from sending e-mail until the offending spammer is removed from the servers. For this reason we have to adopt a "zero tolerance" policy.


17.0 Logo designs included are text based logos with the inclusion of imagery supplied by the client or images from stock imagery. Webittz will not alter the images beyond what is supplied.


18.0 Webittz will not proceed from the design stage to the website build stage until all text and images have been received from the client. If a site includes a content management system, then Webittz will proceed with the build of a site if the client confirms in writing they happy to receive and make final payment for their site without the content and will have full responsibility for adding the content themselves.


19.0 It is the client’s responsibility to provide all the content for the website except for any stock imagery supplied by Webittz.


20.0 Browser Compatibility: All our websites are built off line in html code. Websites will be checked and viewed in Safari, Mozilla fire fox and Internet Explorer browsers.


21.0 Unless individually specified in the quotation, Webittz will provide the functionality of the site as fit for purposes for all users to easily use the site in a methodical work flow manner. We reserve the right to charge appropriately if the client wishes to deviate away from this after the site is built.


22.0 Webittz are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.


23.0 If a Domain name is purchased by the Client through a company other than Webittz, the Client has full responsibility in making sure that the domain name is renewed when due. Webittz will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Webittz.


24.0 Webittz reserves the right to cancel the order of a client’s site and the deposit will be refunded to the client.


25.0 Webittz preferred method of payment is by cheque, we also accept PayPal or BACS as an alternative payment method.


26.0 Final payment is strictly payable within 14 (fourteen) days after the review period is completed. Webittz reserves the right to charge under The Late Payment of Commercial Dept (Interest) Act 1998 to charge an administration fee of £15 per month or 8% above the Bank of England base rate for the term of the outstanding debt whichever is greater.


27.0 Webittz 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 be 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.


28.0 The contract between Webittz 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.


29.0 The works to be carried out shall be as set out in the Webittz quotation email and purchase order agreement. Where a database is included this shall be a list of email addresses compiled by Webittz from the customers entering their details in the online website form or purchasing products. This database will be made available to the client on request. Using the database Webittz can carry out follow up promotional emails on behalf of the client at additional cost if requested and agreed by the client.  


30.0 Email will be the method of contact with regard to all communication. Although Webittz 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 so we always have up to date email contact details. Webittz can not be held liable in any way relating to communication issues if we are not supplied a valid email address. Webittz will provide special offer products displayed on the website at the request of the client, additional cost will be incurred by the client for this service.    


31.0 Webittz will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. The final 50% payment is to be made on completion of the website. The website will be made public once the Clients remaining balance is paid in full.


 

32.0 The deposit paid to Webittz covers the cost of design work carried out as well as any administration and communication with Webittz. The deposit is non refundable. We offer a 'cooling off period' of seven working days wherein a customer may be able to cancel an order. Any costs incurred as a result of a customers request will be deducted from this.


33.0 Webittz shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally.


34.0 It is important for the Client to keep in contact with Webittz throughout the entire Project. If a Client does not respond to or acknowledge a request from Webittz for 1 week we will make up to 5 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated and the deposit will not be refunded. If the client has acknowledged a request by Webittz for information so we can continue to progress with a website project, but the information is not received for a period of 3 months or greater (unless agreed prior to this in writing), then the project may be terminated and the deposit will not be refunded.


35.0 Where images used on the website have been purchased by Webittz on behalf of the Client; these images are strictly for use on the website only. Webittz 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.

 

36.0 Webittz will host the website if the Client requires us to do so and on receipt of full payment of our fees. In doing so Webittz will endeavor to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control. Where quarterly reports (Google Analytics) are to be provided, these will be made available to the client after 3 months of the website being up loaded and live on the internet (web). Reports will show the number of visits to the website and the number of website pages viewed by website visitors. Additional Google Analytics reports can be made available showing more detailed information at the request of the client.  

 


37.0 All hosting is offered by Webittz as part of web design package. If a client exceeds the bandwidth allowance in any given month the client will be required to upgrade and additional costs will be applied. Webittz reserves the right to refuse hosting. Unlimited bandwidth is subject to a fair usage limit of 20GB. Additional bandwidth above 20GB is available and can be purchased by negotiation.  


38.0 Webittz cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by Webittz.


39.0 In the event of the termination of the contract by either the Client or Webittz no further analytics reports or Google Analytics data will be provided or available.

 

40.0 Where asked to provide search engine optimisation for a Client, Webittz do not guarantee any specific placement or high ranking on search engines.


41.0 Webittz will provide the Client with an expected completion date for the Project (public on the Internet) if requested. Webittz will endeavor to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Webittz is purely an estimate.


42. Personal Guarantee. Where you accept Webittz LLP invoice on behalf of a Limited Company, you confirm that you give a personal guarantee to pay any invoices/disbursements should the Limited Company be unable or unwilling to pay those invoices/disbursements for any reason.


43.0 Where a 10% (or any other percentage stated in the sales agreement) commission on sales has been agreed, this shall be 10% of the gross selling price paid by customers (excluding any postage and packing costs). The 10% (or any other percentage stated in the sales agreement) shall be paid to Webittz by the client on all online e-commerce website sales and all telephone sales. Commission shall be paid monthly to Webittz by the client within 28 days after invoicing of the commission amount by Webittz. The client shall pay the 10% (or any other percentage stated in the sales agreement) to Webittz for the life of the website in perpetuity.