Please note that we are willing and able to modify these terms according to your business and operations.
DEFINITION OF TERMS
- Domain Name - the root address of a website, e.g.· www.webaddress.com. All such names must be registered with the appropriate naming authority, which will usually charge a fee.
- 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 site.
- Host - the company on whose system the Website physically resides.
- Link, Hyperlink - a 'clickable' link embedded on a web page which may take the form of a graphic or text.
- 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.
- The Work - the subject matter of the contract between the Client and Ashley Barnard.
Upon accepting the quote you are entering into a contract with Ashley Barnard for a minimum of 18 months. Contracts will automatically rollover to another 18 month fixed term at the end of your current 18 months. All the terms and conditions will apply during the contract period, if you wish to terminate your contract within the 18 month period then you will be liable to pay any fees we would have received plus a contract release fee of £250.00.
A non-refundable deposit of 50% of the total fee payable under the contract is due immediately upon the signing of the contract, you will be have a 7 day cooling off period before we start any work if you choose this option· The remaining 50% shall become due when the work is completed to the reasonable satisfaction of the client but subject to the terms and conditions approval of work and rejected work hereof. Ashley Barnard reserves the right not to begin the Work until the said deposit has been paid in full. The fee quoted in the contract will also include the cost of domain registration, hosting set up fee or hosting.
If your website is hosted by Ashley Barnard there shall be a monthly fee of £12.99 to be paid each and very month by standing order. If you have selected the support option then there will be an additional fee of £4.99 per month to be included within the monthly fee. All fees are payable on the 28th of every month, failure to keep up with any payments could see your services beign suspended. There are no fees for backups as this is a free option.
Ashley Barnard can take no responsibility for services provided by third parties through us or otherwise, including the Hosting of the Client's Website, although Ashley Barnard will endeavour to ensure that Website downtime is kept to a minimum.
Maintenance and Correction of Errors
Ashley Barnard takes no responsibility for the functionality or maintenance (unless a maintenance contract has been agreed) of the Website after the Work has been completed.· Errors (both technical and typographical) attributable to Ashley Barnard will be corrected free of charge, but Ashley Barnard reserves the right to charge a reasonable fee for correction of errors for which Ashley Barnard is not responsible, including, but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided to Ashley Barnard by the Client.
Extent of Work
Installation on the Internet is limited to the uploading of all necessary files to the Host, and testing of functionality.· No registration of the Website with Search Engines will be undertaken unless otherwise agreed with the Client.
Under no circumstances will Ashley Barnard be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure. We do provide a back up service so please enquire.
Status and Duration of Offers
Proposals and offers are valid for a period of one month from the date issued. Ashley Barnard is not bound to honour offers that have expired.· Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties.· This timetable must be agreed within the month that the offer is valid.· If an acceptable timetable has not been approved by both parties within one month of the offer being made, the offer is deemed to have expired.
Search Engine Listings
Ashley Barnard does not guarantee listings on Search Engines and the Client accepts that it is Search Engines and not Ashley Barnard who determine whom they list and whom they will not.· The Client further understands there is no guaranteed placement or rank on the Search Engines and that a new website may never even appear on Search Engines at all.· Ashley Barnard does not control Search Engines’ algorithms and huge shifts can appear daily, weekly and even hourly.
COMPLETION OF WORK AND PAYMENT
Completion of Work
Ashley Barnard warrants completing the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client. Ashley Barnard will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement.· Ashley Barnard will not undertake changes to the specifications of the Work which would increase the cost, without prior written authorisation from the Client.
Supply of Materials
The client is to supply all materials and information required for Ashley Barnard to complete the work 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, Ashley Barnard has the right to extend previously agreed deadlines for the completion of the work by a reasonable amount. Where the client's failure to supply materials prevents progress on the work for more than 21 days, Ashley Barnard has the right to invoice the client for any part or parts of the work already completed.
Supply of Content.
The client will supply all text and information that will be placed on their website. Ashley Barnard will not be held responsible for the text provided to us from the client. If the client has provided Ashley Barnard the text from another source i.e website, book or leaflet then Ashley Barnard will not be held liable for any copyright infringement laws either in the UK, USA, South Africa, New Zealand or any other European country. Ashley Barnard will always notify the client that we will not be held responsible for any legal action if Ashley Barnard are· knowingly are using copyrighted text from another source by the clients request. All text is strongly recommend to be your own words, if you the client knowingly copy text from any source you must be prepared to take full responsibility and accept any legal action that may arise from your actions.
Ashley Barnard may place stock photography photos and art work on your website to enhance the site and for design purposes. Any and all stock images used are licensed from iStockphoto.com or other third parties of which Ashley Barnard has purchased the rights and licence to use them within any of their designs. Any photos and art work sourced from iStockphoto.com or any other third party will remain the property of Ashley Barnard in which the images or graphics are licensed to from the third party. If the client cancels their contract with Ashley Barnard then they will be required to remove all stock images licensed to Ashley Barnard from their website prior to cancelling their contract, unless the client has purchased the copyright licence prior to cancellation. (see Transferring away)
Approval of Work
On completion of the work, the client will be notified and have the opportunity to review it. The client should notify Ashley Barnard, in writing, of any unsatisfactory points within 7 days of receipt of such notification.· Any of the work which has not been reported in writing to Ashley Barnard 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 50% balancing payment under clause 2.1 Fee Payable will become due. The contract will remain in effect until all obligations have been completed in terms of this clause.
If the client rejects the work within the 7 day review period, or will not approve subsequent work performed by Ashley Barnard to remedy any points reported by the client as unsatisfactory, and Ashley Barnard considers that the client is unreasonable in his repeated rejection of the work, the contract will be deemed to have expired and Ashley Barnard can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
Duration of none action IMPORTANT!
Ashley Barnard will complete most work within a 3 month period unless otherwise agreed between the client and Ashley Barnard. 90% of most development jobs will be completed within the given time scale as agreed. If the client fails to supply content, or provide direction and information for the development and completion of the website and no work has been carried out on the site for a period of 3 months or 90 days, due to the client not being able or willing to supply information then Ashley Barnard has the right to cancel the project and close the account without notice.
Ashley Barnard will contact the client no more than three times (but not required to) to requesting content before cancelling the account. Ashley Barnard will be able to request full payment of the balance if more than 50% of the work has been completed at it's own discretion otherwise the deposit will be no-refundable.
Completed websites that are left on our servers for a period of 3 months without the final payment being made will also be subject to cancellation with the balance owing immediately.
Upon completion of 7 day review period, Ashley Barnard will invoice the Client for the 50% balancing payment in accordance with these terms and conditions· Fee Payable hereof, which, in the absence of agreement to the contrary, is to be paid by the Client within 14 days of the date that the invoice was issued.
Payments can be made to Ashley Barnard via cheque made payable to Ashley Barnard and BACS (internet banking). No personal payment data or bank details will be saved or shared with any third parties.
Remedies for Overdue Payment
If payment has not been received by the due date, Ashley Barnard has the right to suspend ongoing work for the client, until such time that full payment of the outstanding balance has been received. A penalty for late payments will be charged at 3.5% of the total· amount outstanding daily from the final due date. If full payment has still not been received 30 days after the due date, Ashley Barnard· has 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 web site from the Internet, Ashley Barnard does not remove the client's obligation to pay any outstanding monies owing.
Offers and Proposals
Offers and proposals made by Ashley Barnard to potential clients should be treated as trade secrets and remain the property of Ashley Barnard.· Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from Ashley Barnard.· This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
Warranty by Client as to Ownership of Intellectual Property Rights
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Ashley Barnard for inclusion on the Website.· The conclusion of a contract between Ashley Barnard and the Client shall be regarded as a guarantee by the Client to Ashley Barnard that all such permissions and authorities have been obtained and that the inclusion of such material on the Website would not constitute a criminal offence or civil delist.· By agreeing to these terms and conditions, the Client removes the legal responsibility of Ashley Barnard and indemnifies the same from any claims or legal actions however related to the content of the Client's site.
Any Domain Name obtained will belong to the Client.· The Client agrees to indemnify Ashley Barnard, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party.· The client warrants that the domain name sought is not a trademark of a third party.
Once Ashley Barnard has received full payment of all outstanding invoices and the work has been approved by the client in accordance with clause 4.3 hereof, the client will be granted a licence to use the website and its contents but does not own the website as a whole. All custom coding stock photos, and design remain the sole property of Ashley Barnard unless the copyright fee is paid.
Any code that is not freely accessible to third parties and not in the public domain, and to which Ashley Barnard or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from Ashley Barnard.· Unless previously agreed otherwise in writing, no modifications may be made by the client or any third party to code to which Ashley Barnard or their suppliers owns the copyright.· Ashley Barnard acknowledges the intellectual property rights of the client.· Information passed in written form to Ashley Barnard, and that the client has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the client.
RIGHTS AND RESPONSIBILITIES
Right to Terminate
Ashley Barnard reserves the right to refuse or break a contract without prior notice, if it is believed that the client, their Website, or any material is illegal, immoral or otherwise unacceptable.
Transferring Away / Break of Contract
If you wish to transfer away from Ashley Barnard for what ever reason then you must give Ashley Barnard at least 30 days notice. There will also be an administration and copyright of content code and images fee to be paid to Ashley Barnard of £250.00, if you wish to keep the current website that Ashley Barnard created for you. You do not have the permission to take your website without notification as Ashley Barnard retains all copyright of the design custom coding/graphics and any images we have supplied. Clients that do not adherer to this rule will either be faced with legal action being taken against them for copyright, or will receive a fine of up to £10,000.00
Events Beyond the Control of Ashley Barnard
Ashley Barnard will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Ashley Barnard.
Supply and Pricing of Services
Ashley Barnard reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.
This Agreement shall be governed by the laws of Great Britain which shall claim venue and jurisdiction for any legal action or claim arising from the contract between Ashley Barnard and the Client.· The said contract is void where prohibited by law.
Survival of Contract
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Change of Terms and Conditions
These terms & conditions may change from time to time.· The Client will be informed of revisions as and when they are issued.
Internet Explorer Compatibility
As of January 2010 Ashley Barnard limited will no longer support Internet Explorer 6 as part of the website design build process. if you wish for your site to be viewable in IE6 as it would in IE8 then we would require you to let us know beforehand. To create the site for this outdated browser will incur additional charges of at least half the quoted price to build the site for IE7, IE8, FireFox, Safari etc.
Joomla Training Courses
All courses are payable 7 days in advance of the course in full unless otherwise agreed by Ashley Barnard. The full payment of the course is no-refundable unless you cancel within 7 working days and provide written or verbal confirmation of the cancellation of the course. Failure to attend the course on the day will see you forfeit the course with your payment being forfeited as well.
Provision of Quotes
All quotes will be relate to these terms and conditions, you will be required to sign and return the quote to us if you accept the quote provided.
Standard Terms and Conditions 1st March 2009