Terms and Conditions
1. Definitions
The following terms and conditions document is a legal agreement between RMD Web Design hereafter “RMDWD” and the “Client” for the purposes of web site design or development.
These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
RMDWD is an Internet web design provider offering the Client graphical design, HTML, CSS, Javascript and other related computer programming languages.
2. Contract
The client's approval for work to commence shall be deemed a contractual agreement between the client and RMDWD. Approval for the work to commence and payment of the advance fee Indicates that the client accepts the terms and conditions outlined in this document.
3. Intellectual Copyright
RMDWD will hold intellectual copyright of any material, including any source code and original images created for the client until payment of the final Invoice. At this time we will transfer this intellectual copyright to the client.
4. Clients Responsibilities with Regard to Copyright
In situations where the client provides Images, text, animations or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain content provided by RMDWD in the construction of the website may have been purchased under licence from external suppliers. This content is generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
5. Registration Charges
All third party costs arising from the registration of a domain name shall be met by the Client. RMDWD recommends that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client's behalf we agree to transfer this domain name to the client immediately upon request.
6. Search Engine Promotion
RMDWD is not responsible for the client's on-going web site promotion, Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.
7. Cancellation
Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
8. Failure to Provide Required Website Content
We are 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 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 we cannot progress your website because you have not provided the required information when you have agreed to do so, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If you agree to provide us with required information and subsequently fail to do so within four weeks of the project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
Note: Text content should be delivered as a Microsoft Word (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
9. Conceptualising
Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. For higher cost websites this will be Included but for low cost sites (below £1000) please bear in mind that unless previously agreed, only one concept is possible. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don't do this we will design the website appropriately but if it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.
10. Travel Time and Expanses
Travelling time to and from customer premises is not generally included in our estimate. RMDWD reserve the right to make a charge for travelling time at our normal consultancy rates. Likewise RMDWD reserve the right to charge for travelling expenses based on 50p per mile.
Note: There will be no charges for travelling time or expenses incurred before you give your approval for work to commence.
11. Quotations
The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated.
12. Advance Payment
An advance of 33% of the total cost of the project is required before work can commence. After work commences this is non-refundable.
13. Payment terms
Payment is currently accepted by bank transfer (BACS), card, cash or cheque in UK Pounds Sterling, unless otherwise agreed. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a returned cheque charge of £25.
14. Credit Card Payments
Credit card payments can be accepted via our PayPal electronic invoice system.
15. Payment
Payment of any balance will be due within 7 days of invoice date. Full publication of the Web Pages may only take place after full payment has been received. If payment is not received, any material previously published may be removed.
16. Late Payment
Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding.
17. Future Support
The website is provided to and accepted by the client as a fully functioning, completed work. RMDWD is not responsible for future support. This support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.
18. Future Site Problems
Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today's Internet. It is highly unlikely that these will affect your website and RMDWD will endeavour to protect it from this as much as we can during its creation. We cannot be held responsible for problems that develop on completed sites as a result of illegal activity.
19. Compliance with E-commerce, Accessibility or Other Regulations
We design websites in accordance with the client's specifications. It is the client's responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client's behalf upon request, but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company solicitor.
20. Limitation of remedies and liability
Nothing in this agreement shall operate to exclude or limit RMDWD's liability for: (a) death or personal injury caused by its negligence; or (b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (c) fraud; or (d) any other liability which cannot be excluded or limited under applicable law. RMDWD shall not be liable to the client for any damage to software, damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage. Subject to this clause 20, RMDWD's aggregate liability in respect of claims based on events in any calendar year arising out of or In connection with this agreement or any collateral contract, whether In contract or tort (including negligence) or otherwise, shall in no circumstances exceed 50% of the total Charges payable by the client to RMDWD under this agreement In that calendar year.
21. Entire Agreement
Except as provided in this clause 21, neither party shall have any remedy in respect of any untrue statement (whether written or oral) made to it on which It relied In entering into this agreement (Misrepresentation), and neither party shall have any liability other than pursuant to the express terms of this agreement. Nothing in this agreement shall exclude or limit either party's liability for any Misrepresentation made knowing that it was untrue. Each party's liability for Misrepresentation as to a fundamental matter, including as to a matter fundamental to that party’s ability to perform its obligations under this agreement, shall be subject to the limit set out in clause 20.
22. Governing law and jurisdiction
This agreement and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with Scots law. Both parties irrevocably agree that the courts of Scotland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement.
23. Notes
Should RMDWD waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit RMDWD to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected.