Definitions: In this agreement, the terms have the following meanings:
· (a) “The Client” means any person, company, partnership, organization or body at whose application, The Web Design Company agrees to provide the products and/or services under the terms of the agreement. · (b) “The Agreement” means the contract between The Web Design Company and the Client to which these conditions will apply. · (c) “The Contract” means the digital or printed document completed by the client in order to enter the Agreement. · (d) “Order” is the request by the Client for products and/or services in The Contract/agreement · (e) “Completion of site” means 4 days from the site being uploaded to a temporary site on the server of The Web Design Company, for approval by the client, without notification from the client that the site is unsatisfactory. · (f) “Deliverables” are the outputs of services to be supplied under the agreement.
Scope: This agreement shall apply to all goods and/or services ordered by the client from Doofus Ideas Ltd
Payment: An upfront payment of 50% of the total fee is due with order, with the remainder being payable upon completion unless otherwise agreed, as in the case of some larger eCommerce sites. (£10’000+) Whilst any payment due under the agreement remains outstanding, Doofus Ideas Ltd shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. Optimization services may be provided on a monthly basis, SEO / Optimisation services must be paid for at least 1 month in advance. If you wish to cancel SEO / Optimisation services this must be done in writing 30 days in advance. All payments by cheque, bankers draft or money order must be made in pounds sterling.
Discounts & referral fees: Multiple Discounts cannot be claimed or applied for the same job. If a job has been referred to us and a referral fee is claimed for the job, both parties to the job (the customer and the person referring the work to us) cannot apply for both discounts and referral fees, either the customer can claim a discount where applicable, or the person referring the work can claim a referral fee, but not both. Also, only one discount can be applied at any time.
Your Responsibility: The client must provide all text and other media required for the completion of their website to Doofus Ideas Ltd by email, in advance with the deposit. Except in the case of larger sites where it is not possible to do so, in which case the client must provide such details within 2 days of request by The Web Design Company The client is responsible for the spelling and grammar used in the site text, although The Web Design Company will try to correct obvious mistakes in the text we make no guarantee to do so.
Liability: Doofus Ideas Ltd hereby excludes itself, its Employees and or Agents from:- all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to clients artwork/photos, supplied for the site.
Copyright: Any web page; design or entire site designed by Doofus Ideas Ltd carries a copyright and link to doofusidea.com, and cannot be reproduced without written consent. The placing of an order by the client or another person/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design, and photographs, for use in the advertisement. The Advertiser/customer must indemnify The Web Design Company in respect of all actions; proceedings; costs demands and claims arising from any such breach.
Delivery: on completion of work, the deliverables will be uploaded to the client area of Doofus Ideas Ltd Server for approval. Upon approval by the client, the deliverables will be uploaded to the client’s server. Where the client’s site is being hosted by a third party, Doofus Ideas Ltd reserve the right to delay uploading of deliverables until full payment has been received. Where delivery has not been possible due to the failure of the client to provide such details as are required for completion within the contract duration, Doofus Ideas Ltd reserve the right to demand up to 100% of the outstanding balance and to charge at an hourly rate for any work that is required beyond the contact time to complete.Doofus Ideas Ltd reserve the right to dictate the hourly rate at the time such a clause is called into effect.
Law: These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
Severability: In the event, any one or more of the provisions of this Agreement and/or Order Form shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order Form shall be unimpaired and the Agreement and/or Order Form shall not be void for this reason alone. In the event that the Client breaks the terms of the agreement, Doofus Ideas Ltd reserve the right to terminate the agreement and will still be owed up to 100% of the outstanding balance by the client.