Terms & Conditions
By placing an order with Afford A Website, 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 Afford A Website. Afford A Website: Primary
designer/site owner & employees or affiliates.
1. General
Afford A Website will carry
out work only where an agreement is provided either by email, telephone, mail or
fax. Afford A Website will carry out work only for clients who are 18 years of age
or above. An “order” is deemed to be a written or verbal contract between Afford
A Website and The Client, this includes telephone and email agreements.
2. Website
Design
2.1 Whilst every endeavor will be made to ensure that the website and any scripts
or programs are free of errors, Afford A Website cannot accept responsibility for
any losses incurred due to malfunction, the website or any part of it.
2.2 The website,
graphics and any programming code remain the property of Afford A Website until all
outstanding accounts are paid in full.
2.3 Any scripts, ASP.NET Applications, or software
(unless specifically agreed) written by Afford A Website remain the copyright of
Afford A Website and may only be commercially reproduced or resold with the permission
of Afford A Website.
2.4 Afford A Website 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.
2.5 Any additions to the brief will be carried out at the discretion
of Afford A Website and where no charge is made by Afford A Website for such additions,
Afford A Website accept no responsibility to ensure such additions are error free
and reserve the right to charge an according amount for any correction to these or
further additions.
2.6 The Client agrees to make available as soon as is reasonably
possible to Afford A Website all materials required to complete the site to the agreed
standard and within the set deadline.
2.7 Afford A Website will not be liable for
costs incurred, compensation or loss of earnings due to the failure to meet agreed
deadlines.
2.8 Afford A Website 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.
2.9 Afford A Website 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 Client’s appointed agents.
2.10 Afford A Website 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.
2.11 A deposit of 10% is required with any project before any design work
will be carried out, and this is non refundable.
2.12 Once a website has been designed
and completed the final balance of payment is then due in accordance with my 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. Nonpayment will result in legal action
being taken if necessary.
3. Database, Application and Ecommerce Development
3.1 Afford
A Website cannot take responsibility for any losses incurred by the use of any software
created for The Client. 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.
3.2 Any scripts, ASP.NET applications
or software (unless specifically agreed) written by Afford A Website remain the copyright
of Afford A Website and may only be commercially reproduced or resold with the permission
of Afford A Website.
3.3 Where applications or sites are developed on servers not
recommended by Afford A Website, The Client is expected to provide or seek any information,
additional software, support or co-
3.4 The Client is expected
to test fully any application or programming relating to a site developed by Afford
A Website before being made generally available for use. Where "bugs", errors or
other issues are found after the site is live, Afford A Website will endeavor (but
is not obliged to) to correct these issues to meet the standards of function outlined
in the brief
4. Compatibility
4.1 Afford A Website will endeavor to ensure that any
developed/designed site or application will function correctly on the server it is
initially installed in and that it will function correctly when viewed with the web
browsing software Microsoft Internet Explorer Version 6 and to an acceptable level
with Mozilla browsers. Afford A Website can offer no guarantees of correct function
with all browser software.
5. Website Hosting
5.1 Whilst Afford A Website recommends
hosting companies to host websites, no guarantees can be made as to the availability
or interruption of this service by Afford A Website 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.
5.2
Afford A Website 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
the free hosting service should the necessity arise.
6. Payment of Accounts
6.1 A deposit
is required from any new client before any work is carried out. It is the Afford
A Website policy that any outstanding accounts for work carried out by Afford A Website
or its affiliates are required to be paid in full, no later than 30 days from the
date of the invoice unless by prior arrangement with Afford A Website.
6.2 Once a
deposit is paid and work completed you are obliged to pay the balance of payment
in full. We will contact clients via email and telephone to remind them of such payments
if they are not received when due.
6.3 If accounts are not settled or Afford A Website
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, nonpayment can result in county court judgments (ccj's) being
added to The Clients credit rating.
6.4 Following consistent nonpayment of an invoice
my 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.
7. Complaints Procedure
Informal Procedure
Anyone who experiences a
problem with their web service provided by Afford A Website should raise the matter
directly using my online contact form to do so, giving sufficient information to
locate the material (such as a url) and clearly outlining the grounds for complaint.
Afford
A Website will approach the individual responsible for the material in question with
a view to resolving the matter to the satisfaction of the complainant.
Formal Complaints
Procedure
The formal complaints procedure should only be used when the complaint is
considered too serious to be dealt with informally, or where a satisfactory conclusion
has not been reached after following the informal procedure.
A formal complaint should
be made in writing to Afford A Website, who will acknowledge receipt and ensure that
the matter is looked into as soon as possible.
An initial response to any complaint
can be expected within seven days of its receipt; a full and considered response
to the complaint should be completed within 30 days and any subsequent remedy implemented
with the minimum of delay.
8. Force Majeure
Neither party shall be liable for delays
or failure to comply with its obligations hereunder as the result of circumstances
beyond the reasonable control of the said party including weather, power failure,
flood, earthquake, strikes, war, civil commotion, riot and actions by civil servants,
government or local government bodies or other third parties outside the control
of the said party.
9. Use of other Party's Name
Neither party shall disclose any other
information relating to this agreement unless it is otherwise agreed in writing between
The Client and Afford A Website.
10. Arbitration
If there is a disagreement between
The Client and Afford A Website concerning the interpretation of this agreement,
the parties should endeavor to resolve disagreement by negotiation. If the disagreement
cannot be resolved the parties agree to abide by the decision of an arbitrator. The
arbitrator shall be decided by the parties of the agreement at the time. If the parties
cannot agree on the choice, the arbitrator will be the London Court of International
Arbitration.
11. Changes to the Agreement
11.1 This agreement constitutes the entire
agreement between The Client and Afford A Website relating to the subject of this
agreement. In addition it supersedes all prior written or
oral communications between
the parties or their agents with respect to the subject of this agreement. Each party
irrevocably and unconditionally waives any right it may have to rescind this agreement
and/or claim damages or other relief for any misrepresentation or warranty not contained
in this agreement, unless such misrepresentation or warranty was made fraudulently.
11.2
This agreement may not be amended or replaced except with the written agreement of
both The Client and Afford A Website.
11.3 The express terms of this agreement are
in place of all warranties, conditions,
undertakings, terms and obligations implied
by statute, common law, trade usage, course of dealing or otherwise all of which
are hereby excluded to the fullest extent permitted by law.
12. Validity
If any provision
of this agreement shall be held invalid, illegal or unenforceable, then such provision
does not constitute a substantial part of this agreement. Thus its deletion shall
not defeat the purpose of this agreement, and the validity, legality and enforceability
of the remaining provisions shall not be affected.
13. Headings
The headings in this
document are intended only for convenience and do not form part of this agreement.
14.
Governing Law
This agreement shall be governed by and construed in accordance with
the laws of England.
15. Third Parties
A person who is not a party to this agreement
has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any
terms of this agreement but this does not affect any right or remedy of a third party
which exists or is available apart from that Act.
16. Assignment
The Client may not
assign, transfer, change or encumber its rights under this agreement without the
prior written consent of Afford A Website which shall not be unreasonably withheld.
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