Web
Design and E-Commerce Terms and Conditions
These terms are applicable for all commissions.
All services provided by Footprint.co.uk Ltd
to the Customer are subject to the following terms
and conditions.
1. Acceptance. A copy of these
terms and conditions must be signed by all new
customers at the time of submission of work to
Footprint.co.uk Ltd, indicating agreement to and
acceptance of these Terms and Conditions. Alternatively,
payment of initial deposit or payment online is
an acceptance of our terms and conditions, a copy
of which is available via our website.
2. Charges. Charges for services
to be provided by Footprint.co.uk Ltd are defined
in the quotation that the Customer receives via
e-mail. Quotations are valid for a period of 30
days. Footprint.co.uk Ltd reserves the right to
alter or decline to provide a quotation after
expiry of the 30 days.
All Web site design services require an advance
payment of a minimum of fifty (50) percent of
the project quotation total before the work is
supplied to the Customer for review. The remaining
fifty (50) percent of the project quotation total
will be due upon completion of the work prior
to upload to the server or release of materials.
Charges for web design work does not cover the
release of source psd, png or fla files; if the
Customer requires these items then a separate
quotation can be prepared.
Payment for services is due by cheque, bank transfer
or online. Cheques should be made payable to Footprint.co.uk
Ltd and sent to 50 Westlands Way, Oxted, Surrey
RH8 0ND.
3. Customer Review. Footprint.co.uk
Ltd will provide the Customer with an opportunity
to review the initial appearance and content of
the Web site throughout the design and once they
are completed. At the completion of the project,
such materials will be deemed to be accepted and
approved unless the Customer notifies Footprint.co.uk
Ltd otherwise within seven (7) days of the date
the materials were made available to the Customer.
4. Turnaround Time and Content Control.
Footprint.co.uk Ltd will install and publicly
post or supply the Customer's Web site by the
date specified in the project proposal, or if
no such date is specified, within four weeks of
the date initial payment is received from the
Customer, unless a delay is specifically requested
by the Customer and agreed by Footprint.co.uk
Ltd.
In return, the Customer agrees to delegate a
single individual as 'first-point-of-call' to
aid Footprint.co.uk Ltd with progressing the commission
in a satisfactory and expedient manner.
During the project, Footprint.co.uk Ltd will
require the Customer to provide copy and images.
If content is not provided within four (4) weeks
of an official request by email then Footprint.co.uk
Ltd reserves the right to advise the Customer
of a revision to the final payment fee based on
new or revised pricing schedules that may be introduced
from time to time. If content is not provided
within eight (8) weeks from the original email
request then the Customer is considered to be
in default of the commission, the project may
be terminated and the Customer sent the final
invoice for immediate payment. Footprint.co.uk
Ltd will agree, at its discretion, to recommence
the commission after agreement is reached on a
new quotation document and once the original fees
have been paid.
5. Payment. Invoices will be
provided by Footprint.co.uk Ltd upon completion
of the work for Web Design and any associated
services. Invoices are normally posted; however,
the Customer may elect to receive emailed copies.
Initial 50% deposit invoices and completion 50%
Invoices are due upon receipt. All ongoing clients
receive 30 days credit.
6. Default. Accounts unpaid
thirty (30) days after the date of invoice will
be considered in default. If the Customer in default
maintains any information or files on Footprint.co.uk
Ltd Web space, Footprint.co.uk Ltd will, at its
discretion, remove all such material from its
web space. Footprint.co.uk Ltd is not responsible
for any loss of data incurred due to the removal
of the service. Removal of such material does
not relieve the Customer of the obligation to
pay any outstanding charges assessed to the Customer's
account. Cheques returned for insufficient funds
will be assessed a return charge of £25
and the Customer's account will immediately be
considered to be in default until full payment
is received. Customers with accounts in default
agree to pay Footprint.co.uk Ltd's reasonable
expenses, including legal fees and costs for collection
by third-party agencies, incurred by Footprint.co.uk
Ltd in enforcing these Terms and Conditions.
7. Termination. Termination
of services by the Customer must be requested
in a written notice and will be effective on receipt
of such notice. E-mail or telephone requests for
termination of services will not be honoured until
and unless confirmed in writing. The Customer
will be invoiced for design work completed to
the date of first notice of cancellation for payment
in full within thirty (30) days.
8. Copyright. The Customer retains
the copyright to data, files and graphic logos
provided by the Customer, and grants Footprint.co.uk
Ltd the rights to publish and use such material.
The Customer must obtain permission and rights
to use any information or files that are copyrighted
by a third party. The Customer is further responsible
for granting Footprint.co.uk Ltd permission and
rights for use of the same and agrees to indemnify
and hold harmless Footprint.co.uk from any and
all claims resulting from the Customer's negligence
or inability to obtain proper copyright permissions.
A contract for Web site design and/or placement
shall be regarded as a guarantee by the Customer
to Footprint.co.uk Ltd that all such permissions
and authorities have been obtained. Evidence of
permissions and authorities may be requested.
9. Standard Media Delivery.
Unless otherwise specified in the project quotation,
this Agreement assumes that any text will be provided
by the Customer in electronic format (ASCII text
files delivered on CD, e-mail or FTP) and that
all photographs and other graphics will be provided
physically in high quality print suitable for
scanning or electronically in .gif, .jpeg, .png
or .tiff format. Although every reasonable attempt
shall be made by Footprint.co.uk Ltd to return
to the Customer any images or printed material
provided for use in creation of the Customer's
Web site, such return cannot be guaranteed.
10. Design Credit. A link to
Footprint.co.uk Ltd will appear in either small
type or by a small graphic at the bottom of the
Customer's Web site. If a graphic is used, it
will be designed to fit in with the overall site
design.
11. Access Requirements. If
the Customer's Web site is to be installed on
a third-party server, Footprint.co.uk Ltd must
be granted temporary read/write access to the
Customer's storage directories, and those directories
must be accessible via FTP. Depending on the specific
nature of the project, other resources might also
need to be configured on the server.
12. E-Commerce. Footprint.co.uk
Ltd cannot accept responsibility for any updates
made by customers or third parties to E-commerce
sites. Updates include adding, amending products
and/or prices. Footprint.co.uk Ltd will not be
held liable for any loss of business/trade during
the running of any E-commerce site or product
nor shall be responsible for any level of business
obtainable through said Web sites. If Footprint.co.uk
Ltd has agreed by seperate negotiation to maintain
the Customer's E-Commerce Web site then all changes
and daily maintenance undertaken shall be assumed
to be agreed by the Customer and Footprint.co.uk
Ltd will not be held liable for any mistakes resulting
in loss of business or incorrect product pricing
or description.
13. Post-Placement Alterations.
Footprint.co.uk Ltd cannot accept responsibility
for any alterations caused by a third party occurring
to the Customer's pages once installed. Such alterations
include, but are not limited to additions, modifications
or deletions.
14. Domain Names. Footprint.co.uk
Ltd may purchase domain names on behalf of the
Customer. Payment and renewal of those domain
names is the responsibility of the Customer. The
loss, cancellation or otherwise of the domain
brought about by non or late payment is not the
responsibility of Footprint.co.uk Ltd. The Customer
should keep a record of the due dates for payment
to ensure that payment is received in good time.
Footprint.co.uk Ltd will invoice 30 days in advance
for any domain renewals that were registered directly
with Footprint.co.uk Ltd.
15. General. These Terms and
Conditions supersede all previous representations,
understandings or agreements. The Customer's signature
or payment of an advance fee constitutes agreement
to and acceptance of these Terms and Conditions.
Payment online is an acceptance of our terms and
conditions.
16. Governing Law. This Agreement
shall be governed by English Law.
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