Terms & Conditions Of Business

Definitions:

The following terms and conditions form the formal terms and conditions of Telford Web Design Services referred to hereafter as the “Developer” for the purposes of web site design or development and the customer is referred to hereafter as the “Client”.

These Terms and Conditions set forth the provisions under which the Client may use the services supplied by the Developer.

General

The developer will carry out work only where an agreement is provided either by email, telephone, mail or fax. The developer 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 the developer and the client, this includes telephone and email agreements.

Material

The developer reserves the right in its sole discretion to refuse to sell design or code to a client who has a site which it deems is, including but not limited to, unlawful or inappropriate, contains a virus or hostile program, constitutes harassment, racism, violence, obscenity, harmful intent, spamming, contains adult content, commits a criminal offence, infringes privacy or copyright or any other questionable media at developers own discretion. developer reserves the right to refuse to sell design or code to those thought or known as competitors of developer. The client may not purchase design or code for use in development of their own product to directly compete with developer's design or code. The developer reserves the right to refuse sale for orders from suspect payment or address details or other reason at developers own discretion. developer reserves the right without notice to cancel, reject, refuse sale to or work with a client without reason for such rejection or refusal.

Domain Names & Hosting

The client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless the developer from any claim resulting from the client's publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the client and the third party service.

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

The developer reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.

Projects

All alterations for web sites projects are to be requested in writing either by email or postal mail by the client. After the specified allowed hours of alterations have been completed, developer reserves the right to advise the client as such and send a separate quotation to the client and to request payment for any further alterations. developer reserves the right to request payment be received for further alterations before continuing work.

Upon completion of an agreed design the client is asked to confirm in writing by email or postal mail that the design is signed off as complete and agree that any further design alterations are chargeable.

The client agrees to provide any needed information and content required by developer in good time to enable developer to complete a design or web site work as part of an agreed project.

The client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. developer agrees to try and match the design as closely as is possible when building the code.

The developer endeavours to create pages that are search engine friendly, however, developer gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall developer be held liable for any changes in search engine rankings as a result of using developers code.

If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then client agrees that developer can apply a nearest available alternative solution.

After site completion, a client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then developer reserves the right to quote for work to repair the web site.

The developer reserves the right to assign subcontractors in whole or as part of a project if needed.

The client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure.

All communications between developer and client shall be by telephone, email or postal mail, except where agreed at developer's discretion.

Web Browser Compatibility

The developer shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer, Google Chrome and Mozilla Firefox latest releases at the time of web site design. The client agrees that developer cannot guarantee correct functionality with all browser software across different operating systems.

The clients agree that after hand over of files any updated software versions of the main browsers Internet Explorer, Google Chrome and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, developer 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.

Website Design

All pages, images, text and code on developer's web site is copyrighted material.

The client and any visitors to the developer's web site may not use any of the pages, images, text or code on the web site for use on client's or visitors own web site or to create a web site, templates without prior written permission from developer.

Copyright of the completed web designs, images, pages, code and source files created by developer for the project shall be with the client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the developer.

These terms of use grant a non-exclusive limited license so that the client can use the design on one web site on one domain name only. The client is not permitted to use a design for more than one website without prior written agreement between the client and the developer.

The client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the client and the developer.

The client hereby agrees that all media and content made available to developer for use in the project are either owned by the client or used with full permission of the original authors. The client agrees to hold harmless, protect and defend developer from any claim or suit that may arise as a result of using the supplied media and content.

The client agrees that developer may include development credits and links within any code developer designs, builds or amends.

The client agrees that developer reserves the right to include any work done for the client in a portfolio of work.

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, the developer cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of the developer until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by the developer remain the copyright of the developer and may only be commercially reproduced or resold with the permission of the developer.

The developer cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any coding additions to website briefs provided will be carried out at the discretion of the developer and may carry an additional cost. Where no charge is made by the developer for such additions, the developer 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.

The client agrees to make available as soon as is reasonably possible to the developer all materials required to complete the site to the agreed standard and within any set deadline.
The developer will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
The developer 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. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
The developer 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.
The developer 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

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In no event shall the developer be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
• In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.
• If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
• We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.

A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.
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. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.

Database, Application and E-Commerce Development
The developer 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.
Any scripts, applications or software (unless specifically agreed) written by the developer remain the copyright of the developer and may only be commercially reproduced or resold with the permission of the developer.
Where applications or sites are developed on servers not recommended by the developer, the client is expected to provide or seek any information, software, support or cooperation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by the developer before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, the developer will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Website Hosting

Whilst the developer recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by the developer 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.
The developer 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.

Website Optimisation

Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
We use 'white hat techniques' when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
The developer reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Payment of Accounts

All prices are exclusive of VAT, which will be applied where appropriate or applicable.

All invoices must be paid in full within 7 days of the invoice date and the developer will carry out work only where an invoice has been paid by the client for the work, unless otherwise agreed at the developers discretion.

Additional work requested by the client which is not specified in the agreed quotation is subject to a separate quotation and developer reserves the right whether to quote or accept additional work. If additional work is accepted by developer may affect timescale and overall delivery time of the project.

The client can choose either to pay the full cost in one payment or split the cost into 2 payments to be agreed with the developer. Should the cost be split into 2 payments then the first half of the payment is to be received before work commences and the second payment to be received towards the end of work and before hand over of finished files.

Once an invoice is sent to the client it must either be paid either by bank transfer, cheque made payable to "Telford Web Design Services" and sent with proof of posting to the developer's main postal address, or paid online with major credit card via Paypal secure online payment.

The developer reserves the right to decline further work on a project if there are invoices outstanding with the client.

The client may request that the developer cancel a project in writing by email or postal mail to developer and the project is cancelled only if developer confirms work has not been started on the project. If developer has begun or completed the work and the client no longer requires the files but have agreed to the work, they are still obliged to pay developer for the work that has been carried out.

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

The developer reserves the right to remove it's work for client from the Internet if payments are not received.

A deposit is required from any new client before any work is carried out.

It is the developer policy that any outstanding accounts for work carried out by the developer or its affiliates are required to be paid in full, no later than 28 days from the date of the invoice unless by prior arrangement with the developer.
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.
If accounts are not settled or the developer 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 judgements (ccj's) 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.

Submit An Article Rules

• This must be your original work. It must have been created by you and cannot have been published elsewhere.
• Your work may be edited by us if we feel changes are needed to enhance the quality of the post prior to publishing it.
• Portions of your work may be used in producing further materials, for example, knowledge base articles. In this case, no credit will be given to the author.
• We try to keep our publishing guidelines as simple as possible, but you should review them and follow them in order for us to accept your submission.
• We encourage you to use completely original content you created yourself, including code snippets, screen captures and other content. However, if you feel using material created by a third party would be beneficial to the article, we will consider it under the following conditions: 1. You must have permission to use the material (through a license or through the explicit permission of the owner of the material), and 2. You must credit your sources.
• Keep in mind that not all submissions are accepted. We will work with the author to try to correct any problems in most cases, however we reserve the right to reject any submissions we feel are unfit for publishing for whatever reason. Even ideas that were previously pitched to us might be turned down during the submission phase, but this will only happen in extreme cases where poor quality is a significant issue or our publishing guidelines were clearly disregarded or ignored.

Publishing Guidelines

• Only articles written in English will be considered for publication at this time.
• The use of correct grammar and spelling are expected in articles that are submitted to us. Please proof your text and use a spellchecker before submitting it. We are not very strict about this, and will gladly make minor corrections and adjustments before publishing, however a sloppy and/or unreadable text might simply get turned-down or sent back for further work. The use of American English for spelling is preferred, but is not a requirement.
• Try to be clear, concise and informative in your writing style.
• Linking to external assets, such as a software library or plugin that may be required to execute code in order to run the examples from your article is encouraged.
• Linking to external information sources, such as online documentation or other articles in order to provide further in-depth reading and a path for further exploration by your readers is encouraged.
• The main text body of the article must be submitted as a Rich Text Format (.rtf) document, Word (.doc/docx) document.PDF (.pdf) document or HTML (.html) document.
• If you are including additional supporting materials, place your whole project inside a zipped directory or zipped folder named according to the title of your article, and include additional sub-directories for each type of asset you are including (for example: your_article_title/images for anything that is a an image you want displayed within your article, your_article_title/code for code snippets in text format, etc..). We don’t want to impose a strict naming convention, so as long as you name you sub-directories with clear and descriptive names that we can we quickly identify when putting your post together, that should be fine.
• If your article only contains text, without any supporting files, please upload only the RTF file using our article submission form. There is no need to compress the file.
• For submitting articles with additional files (images, code snippets, etc..), please follow the directory structure mentioned above and compress everything being submitted using the ZIP (.zip), RAR (.rar) or SIT (.sit) file compression formats. This will allow you to upload a single file on the submission form, and will enable us to evaluate and publish your article faster, since your directory structure and organization will be kept once we expand the archive on our side.

Your Privacy

We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by the developer should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
The developer 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 where the complainant feels that the nature of the complaint is 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 the developer, 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.