Jeffweb Terms & Conditions
Our standard terms and conditions regarding design/optimisation are detailed below. All the Conditions are under the Laws of England and Wales. By placing an order with JEFFWEB, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions:
- The Client : The company or individual requesting the services of JEFFWEB.
- JEFFWEB: Primary designer/site owner
General
- JEFFWEB will carry out work only where an agreement is provided either by email, telephone, mail or fax. An 'order' is deemed to be a written or verbal contract between JEFFWEB and the client, this includes telephone and email agreements. In the case of existing sites an agreement to proceed by JEFFWEB will only be after an initial review of the site. JEFFWEB will carry out work only for clients who are 18 years of age or above.
- The client agrees to make available as soon as is reasonably possible to JEFFWEB all materials required to complete the site to the agreed standard and within any set deadline. JEFFWEB will endeavor to meet any deadline but will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet such deadlines.
- JEFFWEB will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
- JEFFWEB will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
- JEFFWEB will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
- Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this.
Website Design and SEO
- The website, graphics and any programming code remain the property of JEFFWEB until all outstanding accounts are paid in full. Any website template or software designed by JEFFWEB (unless specifically agreed) written by JEFFWEB remain the copyright of JEFFWEB and may only be commercially reproduced or resold with the permission of JEFFWEB.
- JEFFWEB cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
- Any additions to the brief will be carried out at the discretion of JEFFWEB and where no charges are made by JEFFWEB for such additions, JEFFWEB reserves the right to refuse any additions that are deemed excessive without an additional charge.
- Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
- All development of clients websites are to be built on JEFFWEB servers for ease of use. The client is expected to, in the case of an existing site, to provide or seek any information, support or co-operation pertaining to the transfer of the relevant code from their server in order for the application to be correctly developed.
- Once the site is finished, the client is expected to test fully any coding, application or programming relating to a site developed by JEFFWEB before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, JEFFWEB will endeavor to correct them but is not obliged to do so if the issues differ from the original brief or compatablity issues already outlined. See 'Campatability' paragraph.
Cancellations
If the client decides they no longer want the site and wish to cancel before completion, if for no other reason than a change of mind, (any other complaint see 'Complaints Procedure' paragraph), as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done up to the point of cancellation. Non payment will result in legal action being taken if necessary.
Disclaimers
- JEFFWEB shall not be responsible for URLs dropped or excluded by a search engine for any reason.
- JEFFWEB shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure.
- To the maximum extent allowed by law, JEFFWEB and any of their parents, members, subsidiaries, affiliates, service providers, licensor's, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder that is not based on intentional or grossly negligent actions of JEFFWEB. Further, JEFFWEB will not have any liability for any losses arising because the JEFFWEB Services are not operational or accessible.
Limitations of Liability
Notwithstanding any provision to the contrary, the total liability of JEFFWEB and consultants, for all losses, damages, costs, and expenses, including legal fees, shall not exceed the aggregate amount paid to JEFFWEB under this Agreement, regardless of the legal theory under which such liability is imposed.
Data Security
Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside JEFFWEB's control and could result in a breach of security. Accordingly, JEFFWEB cannot guarantee that Your Account Service data information will be free from corruption or piracy. You hereby expressly waive any claim against JEFFWEB arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of JEFFWEB.
Compatibility
JEFFWEB will make every endeavor to ensure that website templates developed/designed by JEFFWEB or application will function correctly on the JEFFWEB server it is initially installed on and that it will function correctly when viewed with the web browsing software i.e. Microsoft's Internet Explorer Versions 6, 7 and 8, Mozilla Firefox, Opera and Google's Chrome browsers. JEFFWEB can offer no guarantees of correct function with all other browser software or alternative website templates not designed by JEFFWEB.
Website Hosting
Whilst JEFFWEB recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by JEFFWEB and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. JEFFWEB reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any free hosting service should the necessity arise.
Payment of Accounts
- For the 3 and 6 month SEO options all charges will be one month in advance. An invoice (sent by e-mail) wiil be sent in the middle of the current month.
- For website templates or custom design half the cost will be paid in advance and the remaining half paid on completion. Other arrangements can be arranged to suit the clients circumstances if they wish, however, JEFFWEB reserves the right to use their descretion.
- If no payment is received 30 days from the date the e-mail/invoice is sent the client will be contacted by e-mail or telephone. If the client cannot be contacted or no reason is forthcomming or if there is a complaint (See 'Complaints Procedure' paragraph), work will be suspended untill the situation is resolved.
- If accounts are not settled or JEFFWEB have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments being added to the clients credit rating. Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Complaints Procedure
Anyone who experiences a problem with the web service provided by JEFFWEB should raise the matter directly using e-mail or telephone, giving sufficient information to locate the material and clearly outlining the grounds for complaint. JEFFWEB will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.