1. STANDARD TERMS AND CONDITIONS
These terms and conditions (“Terms”) apply to all products and services provided or undertaken by The Web Venture Trading Company Limited (“Web Ventures”, “we”, “our” or “us”) to each of its clients. These Terms are to be read in conjunction with the project or service proposal provided by Web Ventures to the client, which shall together form the agreement between Web Ventures and the client in respect of the products and/or services concerned. These Terms are deemed accepted by the client agreeing to proceed with the project or services set out in a proposal. These Terms may be modified from time to time by Web Ventures and the latest version may be viewed on our website.
The fees for our work, and the amounts payable at different stages of the work concerned, will be set out in the relevant project or service proposal. An initial instalment of the total fee payable will be due prior to commencement of the work. We reserve the right not to commence any work until the initial instalment has been paid in full, and to suspend work if any subsequent instalment is not paid in full by the due date. Instalments are not refundable once paid provided work is commenced or continued after payment is made.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by such amount of time as we consider reasonable.
Where you fail to supply materials, and this prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows for certain variations to the original specification. However any major deviation from the specification will be charged at our standard hourly rates, which are available on request.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content, graphics and photography for the work pages. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it, and to notify us of any unsatisfactory points, provided these are reasonable. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7 day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the balance of the project price will become due. You will maintain a reference on the home page of the website that we will supply to the effect that the website was designed by Web Ventures.
7. REJECTED WORK
If you reject any of our work within the 7 day review period, or do not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
8. FINAL PAYMENT
Upon completion of the 7 day review period, we will invoice you for the balance of the project. Unpaid fees shall be subject to interest at 4% above the base rate of Barclays bank plc from the due date to the date of payment.
You must obtain and hereby warrant and undertake that you have or own all necessary permissions, authorities and intellectual property in or in respect of the use of all copy, graphic images, photographs, logos, names and trademarks, or any other material that you supply to us to include in your website or web applications. You must ensure that the website does not infringe the laws of any jurisdiction within which it is actively promoted. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
10. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We work with basic and other search engine optimisation structures according to current best practice.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Web Ventures and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
We shall not be liable for any loss, liability or damage whatsoever (including without limitation any indirect or consequential loss) which you may suffer which is in any way attributable to our engagement to provide products or services to you, save to the extent that such loss is caused by our gross negligence or wilful default. Without limiting the foregoing, we shall have no liability for any loss or damage caused to you due to: (a) any network failure and/or inability to access the website due to a problem with the Internet and/or any telecommunications network; (b) any virus, worm, Trojan horse or other similar device. The foregoing shall not exclude or restrict liability for death or personal injury resulting from negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded by applicable law.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Web Ventures under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We reserve the right to cease to provide products or services to you at any time on 30 days written notice to you. You may also cease to subscribe for products or services at any time on 30 days written notice to us. In the event that either party elects to terminate the provision or subscription of any product or service, such termination shall be without prejudice to the accrued rights of either party, including without limitation to fees accrued up to the effective date of termination.
16. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of our gross negligence or wilful default.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
Where applicable, we will supply to you account credentials for domain name registration and/or web hosting that we purchase on your behalf when you reimburse us for any expenses that we have incurred, if you subscribe for such services from or through Web Ventures.
19. OBLIGATIONS OF CLIENT
Client is responsible for providing and approving all copy content, and for approving all graphics, animation and other design aspects, as well as approving all functions incorporated into the website. Client is responsible for all legal and regulatory requirements and compliance, whether relating to content, functionality or otherwise of or through the website. Client is responsible for provision of terms, policies and disclaimers, and for determining and advising any access or registration restriction or requirements.
20. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of England. You and Web Ventures submit to the non-exclusive jurisdiction of the courts in and of England and Wales in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
The Web Venture Trading Company Limited, a company incorporated in England and Wales under number 10878835. Registered office: Crown House, 27 Old Gloucester Street, London WC1N 3AX.