TERMS & CONDITIONS
The instruction for work to commence and the payment of the required deposit by the client constitutes a contractual agreement between the client and Adam Robert Web Design. The instruction for work to commence and payment of the required deposit indicates the client has read and agreed to the terms & conditions outlined in this document.
A deposit of 25% of the total cost of the project is required before work can commence. After work commences this is non-refundable.The remaining 75% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
3. PAYMENT OPTION
Payment is currently accepted by BACS transfer in UK Pounds Sterling, unless otherwise agreed.
4. WORKING HOURS
Normal office hours apply Monday to Friday. Work requested outside of office hours will be charged at rates agreed with the client.
5. TRAVEL & EXPENSES
Travel time to and from client premises is included in our quotations. Meetings prior to the agreement for work to commence are not chargeable (to a maximum of two meetings per project). Other travel will be agreed with the client and charged as expenses accordingly.
6. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification dates. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Once the design has been signed off, and we commence the website development phase, only minimal changes can be accepted without additional charges. We code all our sites for responsive design, and for multiple browsers, which means even small design changes can entail significant coding hours.
8. AGREED SCOPE, PERIOD, PRICE, PROJECT DELAYS AND CLIENT LIABILITY
Any projects, services and rates supplied are limited to what is specifically set forth in the proposal and based on a set number of hours. Any additional services will require an agreed quote on additional hours. We reserve the right to adjust our hourly rates at any time.
Changes and additions outside the scope of the proposal will be quoted and invoiced. You will be advised on all costs, changes and additions before commencement of the additional work. Expenses are itemised on each invoice.
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
9. BUSINESS PACKAGES AND BUNDLED OFFERS
We will endeavour to source commercially available, and free to use, images of your products where your products are not your own unique and copyrighted creations. Where you do produce unique products, specific to your company, and suitable images are not available, it is incumbent upon you to provide such images for the purposes of display in your e-store. If you wish to engage the services of a photographer to create these images then it is understood that you shall bear that cost at your own expense, or if you request Adam Robert Web Design to manage this activity for you, that the cost will be treated as an additional expense to be included in your final invoice.
While we offer "unlimited web page" creation we employ a policy of "reasonable expectation." Product pages are not included in our offer, as it is expected that customers will create and describe their own products, as there may be numerous products to technically document. We will, however, provide advice on how best to market and display product categories, and provide the training for the customer to add products to their e-store.
It is understood that all pages we create will be in English. Our offer of unlimited pages does not extend to providing a translation service for English pages into any other language. We will be happy to include any language translations you provide however, on condition they mirror the website's existing English audience pages i.e. they are strictly translated text, not new pages with new images, layout and formatting.
For our affiliate marketing packages, unlimited pages extends to one product or service only. We will not create a website featuring multiple landing pages for multiple products and/or services under this offer. Within our policy of reasonable expectation, we will create multiple landing pages (in English) for the same product or service.
We reserve the right to refuse our package offers and/or bundles where we consider the work required or costs of meeting the client's technical requirements exceeds reasonable expectation and would be better undertaken within a custom priced project.
10. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work 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 75% balance of the project price will become due.
The only exception to the above is if the delays are a result of injury or illness.
11. REJECTED WORK
If you reject any of our work within the 7-day review period, or do not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
12. ACCEPTANCE OF WEBSITE
Once the project has been completed, as determined by Adam Robert Web Design, we will notify you in writing (email shall be considered writing), and provide you with an opportunity to access the website. If you determine that the website does not comply with the Project Components agreed to in the proposal, Adam Robert Web Design agrees to;
a) Perform the corrections of errors free of charge to the system Adam Robert Web Design has developed. Adam Robert Web Design is not responsible for errors on third party software.
b) Adam Robert Web Design will carry out simple aesthetic changes, modifications to meet the client’s demands. These changes do not include development of new functionality into the website.
Any significant changes will require additional funding to complete the requirements.
Upon completion of the 7-day review period, we will invoice you for the 75% balance of the project.
We build most of our websites with our current retained staff. We do however reserve the right to subcontract any services that we have agreed to perform for you as we see fit. We will not share any confidential data or logins with subcontractors aside from the website login.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
16. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform search engine optimisation according to current best practice. If we undertake advanced search services we will set you up with a Google + page which we will make you a manager of, and we will provide reporting to show the optimisation work that has been completed.
17. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
Adam Robert Web Design do not host domain names and do not host your website. We work with various partners who are responsible for your website domain name and your web hosting. You must be aware of their terms & conditions.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Adam Robert Web Design and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
On all web design work Adam Robert Web Design reserves the right to credit work to Adam Robert Web Design with the inclusion of the company logo. Clients can request the exclusion of credits with prior agreement from Adam Robert Web Design.
You have ownership of the website supplied by Adam Robert Web Design once it is fully paid. Adam Robert Web Design will at all times be and remain the sole and exclusive owner of any custom web development or software created in any format used or made part of the website which is not provided by you or a third party (open source). 3rd Party software such as plugins remain the property of Adam Robert Web Design, and may not be transferred without approval from Adam Robert Web Design. Except as expressly authorised by Adam Robert Web Design, you will not copy, modify, distribute or transfer (by any means), display, sublicense, rent, reverse engineer, decompile or disassemble Adam Robert Web Design’s properties.
Client responsibilities with regard to copyright: In situations where clients provide images, text, animations or any other content for their website or media publication(s) they are legally responsible for ensuring that this material does not infringe any copyright laws. Copyright of stock imagery used in web or graphic designs are represented by their own respective copyright notices.
Once you have paid us in full for our work we grant to you a license to use the website and contents for the life of the website.
23. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.