Content and Copyright
It is The Client that must ensure they own copyright or the granting of reproduction rights of all trade names, images, artwork, photos and all additional material used in the project of The Client. “WebandSeo” must by indemnified by The Client against any costs incurred in relation to the reproduction rights or ownership of the copyright. It is the sole responsibility of The Client to be held accountable for any website, project or literature that is commissioned from us.
Graphics, images, photographs and artwork remain property of The Client by copyright. “WebandSeo” are to be considered the intellectual property owner of any programming, design or graphics that is created for the project by “WebandSeo”. The copyright of completed web pages will remain in the ownership of “WebandSeo” until such time that full remuneration is received from The Client and the permission and rights to use the work produced by “WebandSeo” is granted to The Client. The rights to, graphics, source code, photos, computer programs and work-up files are not transferred to the Client at any point and remain the sole property of their creators. The right to display and graphic work produced for the Client is retained by “WebandSeo” for use in their portfolio and it is must be agreed by both parties that “Website by “WebandSeo”” appear throughout the pages of the website together with a logo of “WebandSeo” and a link to the homepage of “WebandSeo”. Any future adapted versions of the website will still be linked to “WebandSeo” with their work recognised. Removal of the recognition of “WebandSeo” on the website of the Client can only be carried out of expressly permitted by “WebandSeo”; any removal without this would be met with further action.
All work, including any experimental planning, will be charged to the Client.
If “WebandSeo” is adamant that if they consider content due to be published to be offensive in nature of indecent than they reserve the option to refuse to comply.
When a proof of work is produced it is the sole responsibility of the Client to ensure that any corrections are clearly marked; any errors that are not expressly identified by the Client shall not be held accountable to “WebandSeo” Any alterations to the existing design or subsequent changes will be billed to the Client. “WebandSeo” accept no liability for any variations to images in proofs that have been approved by the Client. Where the Client requests that “WebandSeo” make an executive decision in terms to an aspect of the design an additional fee will be made from any changes requested.
Design of the Web Site
Via the “WebandSeo” website “WebandSeo” will make available, for a limited period, a proof that can be viewed and evaluated by the Client. It is expressly forbidden that any use of the image and design will be considered a violation of copyright and will result in further action from “WebandSeo”.
“WebandSeo” will only finish construction of the web site of the Client once confirmation has been given that the proof of design is to requirement.
Once it has been confirmed that the proof has been agreed upon by the Client any future additions, changes and alterations will be considered a separate charge from the price already agreed.
“WebandSeo” comprehensively state that they hold no liability if the redesign of the site does not generate the anticipated increase in traffic or sales. It is to be expressly noted that the guidance given by “WebandSeo” is taken at the discretion of the Client and the responsibility remains that of the Client.
Web Hosting and Registration of the Domain Name
“WebandSeo” will act take responsibility for registering the chosen domain name in the name of the Client. The Naming Authority can liaise through “WebandSeo” with “WebandSeo” acting as an intermediary but the contract in force remains between the Naming Authority and the Client and the Client must adhere to the terms of the agreement.
2. We offer a one year registration as standard unless otherwise agreed by ourselves. The responsibility of renewing the domain name is given to the Client and “WebandSeo” will not be held liable if it lapses at renewal.
Based on the requirements of the Client, “WebandSeo” will advise the most competitive and relevant outside web-hosting service but it is to be noted any formal agreement that the Client enters in to with a third party provider is separate to that of “WebandSeo” and the Client will be bound by the specific terms of the agreement.
Any complications arising from unsatisfactory performance of a third party or bankruptcy of that company is an issue solely between the Client and the third party and has no bearing on “WebandSeo”.
The relevant insurance to safeguard against damage, loss or expense incurred though any application of “WebandSeo” services and goods are the responsibility of the Client and no liability falls to “WebandSeo”.
“WebandSeo” cannot be held accountable for any failure or delay on their part in respect of their services that can be attributed to fire, accident, riot, storm, war, flood , civil unrest, failure of equipment, power failure, strike, government intervention or failure of any third party supplier or sub-contracted service. No consequence or cost can be brought against “WebandSeo” from any loss suffered as a result of these by any third party involved or the Client.
Payment, Invoicing and Specific Tender
The sum of 25%, or any other deposit specified by “WebandSeo” is required before any initial work can commence. Once work is completed the required balance is due. Any alterations that are made that fall outside of the agreed price that will be calculated on the current price for each specific service we offer.
“WebandSeo” provide clients with 14 days of credit to pay within after which, if the account remains overdue “WebandSeo” reserve the right to stop any and all services to the Client until the amount is received. Payment must be made in UK Pounds Sterling and should be directed to “WebandSeo”. Any additional charges that are incurred by “WebandSeo” that are attributed to failure in any part of the Client shall be billed accordingly.
The Client must, in accordance with The Late Payment of Commercial Debts Act 1998, expect interest charge on any outstanding balance at a rate of 2% above the base rate of Lloyds Bank Plc. The Client is liable for any charges that “WebandSeo” suffer due to any banking fees charged in response to late payments.
A price or quote offered by “WebandSeo” is guaranteed for 60 days after the date given. After this period it is agreed that any price quoted can be modified by “WebandSeo”.
“WebandSeo” will apply a cancellation charge of up to 75% if any commissioned service is then cancelled by the Client. There may also be an interim charge of 75% made by “WebandSeo” if they do not receive any required content within 60 days from the date of agreement.
Where the website of the Client ranks on different search engines and the ranking it holds is accountable to a third party search engine provider and specifically not to “WebandSeo”
Any failure of software, incompatibility of codes and any mistakes or omitted information is not a liability of “WebandSeo”
If a time frame has been specified to “WebandSeo” that is not met by “WebandSeo” the Client is not able to refer to “WebandSeo” for any revenue lost or chargers incurred.
The viability of any information that is displayed on the website of the Client remains the responsibility of the Client and “WebandSeo” will not be held accountable for the content that remains the intellectual property and copyright of the Client. The Client agrees to cover any reasonable costs directed to “WebandSeo” in relation to any content and herby agrees that the responsibility to cover any awards made by a court in any event.
The responsibility of managing the produced site falls to the Client and upon completion of the project any obligation on the part of “WebandSeo” is dissolved, unless first agreed by “WebandSeo”.
The agreement of this contract is to be subject to English Law only. If it is deemed that “WebandSeo” is not required to comply with any aspect of this agreement then “WebandSeo” reserve the right to cancel any obligations made in this contract and can enforce additional clauses deemed relevant at will.
If “WebandSeo” decide to waive a certain clause in any situation then it is to be understood that no liability lies with “WebandSeo” to waive a clause on any other occasion and all other terms and conditions will remain unaffected.
The terms and conditions of this agreement may be altered by “WebandSeo” at any time.
“WebandSeo” have sought legal advice in preparation of this contract in order to ensure protection for ourselves and a clear agreement to specify to our clients in an effort to avoid any bad debt incurred or bad feelings on either side. We remain confident that our clients have the same approach as ourselves and place the same value on honesty, flexibility and understanding as we do.