Terms and Conditions

Definition of Terms

FWD - Fine Website Designs
The Client - The company or individual requesting the services of FWD.

General
FWD 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 FWD and the client; this includes telephone and email agreements.

Quotation
Based on the information that the client provides, FWD will provide the client with a quotation for designing the website. The price quoted is for the work agreed on the quotation only. Should the client decide that changes are required after work on the website has commenced, then FWD will accept these changes with the provision that additional work will be charged at the hourly rate quoted to the client.

Submission of Material
The client agrees to make available as soon as is reasonably possible to FWD all materials required to complete the website to the agreed standard and within the set deadline.

FWD will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Text Content
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 of the client website. These pages should have the same titles, descriptions and text as the agreed website pages. Contact us if you need clarification on this.

Errors and Omissions
FWD will use good faith to ensure pages authored by FWD are free of errors however, FWD may not be held responsible for any errors that may arise in the course of authoring any pages. FWD does not accept any liability for losses or damages arising from errors within any page or if web search submissions are not accepted. It is the client's responsibility to proof their own pages for errors and inform FWD of those along with any changes in layout requested by the client. This process must begin immediately after the pages are posted to the web host for the client to view.

Payment Terms
An advance of 50% of the quotation is required before work can commence. After work commences this is non-refundable.

All prices are exempt of VAT.

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, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done

Payment of any balance will be due within 28 days of the invoice date. Full publication of the web pages may take place only after full payment has been received. If payment is not received within 28 days, any material previously published may be removed. When this occurs a minimum charge of £50 (Euro 70) will be required to have the site restored.

All invoices are submitted by email except where required otherwise by regulations or agreed at FWD's discretion.

Payment is currently accepted by cheque. If a cheque is returned by the bank as unpaid for any reason, the client will be liable for a "returned cheque" charge.

Travel Time and Expenses
Travelling time to and from client's premises is not generally included in our quotation. We reserve the right to make a charge for travelling time at our normal hourly rate.

Compatibility
FWD shall make every effort to ensure web sites are designed to be viewed by the majority of visitors. Web sites are designed to work with the main browsers Microsoft Internet Explorer and Mozilla Firefox.

Client agrees that FWD cannot guarantee correct functionality with all browser software across different operating systems. Clients agree that after handover of files any updated software versions of the main browsers Microsoft Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, FWD reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.

FWD Intellectual Copyright
FWD 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.

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.

FWD cannot take responsibility for any copyright infringements caused by materials submitted by the client. FWD reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Material
FWD reserves the right to refuse to handle:
a) Any media which is unlawful or inappropriate;
b) Any media which contains a virus or hostile program;
c) Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
d) Any media which constitutes a criminal offence, infringes privacy or copyright

Domain Names and Hosting
FWD can at it's own discretion, but is not obliged to, offer domain name registration and hosting via a third party service.

The Client agrees that registration of a domain name does not provide endorsement of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. FWD holds no liability and the Client hereby agrees to indemnify and hold harmless FWD from any claim resulting from the Client's registration of a domain name.

The domain name is registered in the Client's own name, address and contact details. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.

Client agrees to take all legal responsibility for use of third party domain name and hosting services and supplies truthful details to the third party services.

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 that are using their web site for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.

The Client is liable to pay FWD for any domain name registrations and the initial set up of the hosting if included as part of the web site build.

Any support relating to the domain name, hosting and email services are to be made between the Client and the third party service.

Any other domain name and hosting services or costs not included by FWD, including, but not limited to, further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrade, extra disk space, bandwidth and any other related or hidden charges are to be paid by the Client to the third party services.

The Client agrees to pay the domain and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the Client and third party service.

The Client agrees that if at any time their contact details including email address change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain and hosting services are not received by the Client.

Payment for domain and hosting services are to be made immediately on receipt of invoice from the third party service. Failure to comply with the payment terms may result in the Clients domain name becoming available to another party and/or the web site and email services becoming unavailable.

Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which FWD requires to upload the web site if required as part of a project.

FWD reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.

Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless FWD from any claim resulting from the Client's publication of material and use of the domain name, hosting and email services.

Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.

Design Credit
A discreet link to FineWebsiteDesigns will appear in small type in the footer of the client's website.

Future Support
The website is provided to and accepted by the client as a fully functioning, completed work. Any future support will be charged at our hourly rate.

Data Backup
Whilst FWD shall use its reasonable endeavour to ensure that backup copies of the web site and all client data contained in the web site are made, the client shall be solely responsible for the backup of such data and FWD shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the client which are due to the failure of the client or FWD, or its partners to back up such data.

Malicious Activity
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 FWD will endeavour to protect it from this as much as we can during its creation. We cannot be held responsible for problems that develop as a result of illegal activity.

Indemnification
Client agrees to use all and any of FWD's services and facilities at their own risk and agree to defend, indemnify, save and hold FWD harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney's fees against FWD or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.

Client also agrees to defend, indemnify and hold harmless FWD against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.

FWD will not be liable or become involved in any disputes between the client or its third parties and cannot be held responsible for any wrongdoing on the part of the client. e.g. any disputes concerning content / images that have been provided to FWD for inclusion on the site.

Liability and Warranty Disclaimer
FWD provides a web site and the contents thereof on an 'as is' basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. FWD cannot guarantee the functionality or operations of the web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.

FWD endeavours to provide a web site within given delivery timescales to the best of its ability. However, the client agrees that FWD is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.

The client agrees FWD is not liable for absence of service as a result of illness or holiday time. FWD reserves the right to assign the work to a third party associate should there be the need to.

The client agrees FWD is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

FWD is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

On handover of files from FWD to client, the client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

Whilst every effort is made to make sure files are error free, FWD cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code that FWD has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then FWD can correct these errors for the Client free of charge.

If after handover of files errors are found in code that FWD has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, FWD can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.

Should Client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, FWD reserves the right to cancel forthwith any projects and invoice Client for any work completed.

FWD shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if FWD has been advised of the possibility of such damages.

There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend FWD and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet ecommerce.

FWD may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. FWD reserves the right to quote for any updates as separate work. Client agrees FWD is not liable for any failure to inform or impliment these updates to their site. Client agrees that it shall defend, indemnify, save and hold FWD harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or impliment these updates.

Compliance with 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 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 lawyer.

Compliance with Local Laws
It shall be the sole responsibility of the client to ensure that the Goods and Services comply with all local laws (whether consumer, public or civil), regulations and codes in all countries in which use is intended. It shall also be the client's responsibility to ensure that the Goods and Services carry all disclaimers, warnings and public information which any competent lawyer of the client in any of the relevant jurisdictions would advise.
Accordingly the client agrees to indemnify and hold harmless FWD and FWD's agents and employees from any liability, cost, loss, damages award, sum payable by way of settlement or other expense of any kind (including reasonable legal fees) arising from any claim, demand or action alleging that the Goods and Services or use of them are contrary to any law, code or regulation in any country.

Governing Law and Jurisdiction
The Agreement shall be given by and interpreted in accordance with English Law.

FWD and the client acknowledge that the Courts of England shall have exclusive jurisdiction to settle any dispute which may arise in connection with the Agreement.

Termination of Agreement
FWD reserves the right to terminate a project with a client at any time without prior notification if it finds the client in breach of these Terms and Conditions. FWD shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.

The Agreement may be terminated by either party, at any time, after giving 30 days' written notice.

Survival of Contract
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

FWD reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the FWD web site at

http://www.finewebsitedesigns.com/terms-and-conditions.html

Acceptance of Terms and Conditions
By accepting a quotation or placing an order to use the services supplied, the Client acknowledges to have read, understood, and accepted the Terms and Conditions of this Agreement, and agrees to be legally bound by these Terms and Conditions.

Apology
These terms have been drawn up under legal advice principally to protect FWD from bad debts and the compensation culture - we are generally agreeable, understanding and flexible and will be unlikely to strictly enforce these terms and conditions with clients who are also honest, agreeable, understanding and flexible.