Terms & Conditions
The following terms and conditions apply to all website development / design and hosting services provided by 9to5WebDesign to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by 9to5WebDesign are defined in the project quotation that the Client receives via e-mail/portal. Quotations are valid for a period of 30 days. 9to5WebDesign reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services come with our policy of ‘don’t pay a penny until you are happy’ This excludes the domain purchase. The project quotation total is due upon completion of the work, and client accepting the site prior to upload to the server or release of materials. Payment for services are made only through our secure portal.
3. Client Review
9to5WebDesign will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. Clients are able to track the progress on the portal. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies 9to5WebDesign otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
9to5WebDesign will install and publicly post or supply the Client’s website by the date specified in the project proposal (found in portal), or at date agreed with Client. In return, the Client agrees to delegate a single individual as a primary contact to aid 9to5WebDesign with progressing the commission in a satisfactory and expedient manner.During the project, 9to5WebDesign will require the Client to provide website content; text, images, movies and sound files.
5. Failure to provide required website content:
9to5WebDesign is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
Invoices will be provided by 9to5WebDesign upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client can view all invoices within the portal. Invoices are due upon due date found on invoice. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
6.1 “Don’t pay a penny until you’re happy with the site”
9to5WebDesign reserves the right to cancel this policy at any time as well as refuse any client who’s project might not be feasible for the policy. This excludes domain payment which has to be purchased before starting the project.
7. Additional Expenses
Client agrees to reimburse 9to5WebDesign for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
9to5WebDesign makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Safari, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that 9to5WebDesign cannot guarantee correct functionality with all browser software across different operating systems.
9to5WebDesign cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, 9to5WebDesign reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on 9to5WebDesign Web space, 9to5WebDesign will, at its discretion, remove all such material from its web space. 9to5WebDesign is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay 9to5WebDesign reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by 9to5WebDesign in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail requests for termination of services will be honoured. The Client reserve the right to terminate the services at any time.
All 9to5WebDesign services may be used for lawful purposes only. You agree to indemnify and hold 9to5WebDesign harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants 9to5WebDesign the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting 9to5WebDesign permission and rights for use of the same and agrees to indemnify and hold harmless 9to5WebDesign from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to 9to5WebDesign that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via 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 9to5WebDesign to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to 9to5WebDesign will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in 9to5WebDesign’s portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, 9to5WebDesign must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
9to5WebDesign cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
If the client requests 9to5WebDesign to purchase domain names on behalf of the Client. Clients personal information may be used for the registration of the domain. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of 9to5WebDesign. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. The client can find the dates clearly in the portal.
The Client agrees that information submitted for registration of domain names is then available to the general public via the Nominet Whois system. However, Clients who are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or accepting the estimate within the portal shows agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Governing Law
This Agreement shall be governed by English Law.
9to5WebDesign hereby excludes itself, its Employees and or Agents from all and any liability from:
• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
• Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of 9to5WebDesign to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
The Developer and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the Client in communications with them and to contact the Client from time to time to offer them services or products that may be of interest to or benefit the Client.