Web development, web design and web hosting web terms & conditions
Web Terms & Conditions Definitions
The following Web Terms & Conditions document is a legal agreement between Pre Press and you “the Client” for the purposes of website design and/or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied. There are separate terms and conditions for print.
Description of Goods/Warranty and Liability
The Goods will correspond to the description given to the Client via email and/or verbally. All web products we design are normally based on a template. This is amended to fit the Client brief. The Client should be aware that It is not practical to publish detailed specifications of all the products, design and coding nessessary to complete a project.
All images, descriptive matter, specifications and advertising are for the sole purpose of giving an approximate description of the goods.
We reserve the right to alter any details of products advertised without notice and while every effort is made to describe goods accurately in the advertisement no warranty is given as to the accuracy and no responsibility will be accepted for error(s) or spelling mistakes resulting in any loss to the Client.
Acceptance of Work
Quotations are valid for 28 days from the date of issue.
Pre Press, as they see fit has the right to withdraw the from the contract at any time prior to acceptance.
When the Client places an order to purchase a website, design or website updates from Pre Press, the order represents an offer to Pre Press to purchase the website or website updates. No contract for the supply of services exists between the Client and Pre Press until the Pre Press sends an invoice to the Client for payment. The invoice equals acceptance by Pre Press (or third party supplier(s) if required) of the Client’s offer to purchase services from Pre Press and this acceptance of work is a valid contract between Client and Pre Press regardless of whether the Client receives the invoice.
The Client agrees to carefully check that the details of the invoice are correct and should print and keep a copy safe for their records. Other services may be activated upon payment of the invoice and this invoice also may contain passwords and access information.
Additional work requested by the Client that is not specified in the agreed estimate is subject to an additional estimate by Pre Press on receipt of specification. If the work is needed as part of an existing project, then this may affect the time scale and overall delivery time of the project.
The Client agrees to provide any needed information and content required by the Pre Press in good time to enable Pre Press to complete a design or website work as part of an agreed project.
Any work commissioned by the Client must be paid for at the hourly rate or as defined by the estimate.
Permission and Copyright
Copyright of the completed web designs, images, pages, code and source files created by Pre Press for the project shall be with the Client upon final payment only by prior written agreement. Without an agreement, ownership of designs and all code is with Pre Press.
The Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and Pre Press.
The Client hereby agrees that all media and content made available to Pre Press 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 Pre Press from any claim or suit that may arise as a result of using the supplied media and content.
The Client agrees that software, code, themes, fonts or any other item that are subject to license payment by Pre Press are not transferrable.
The Client agrees that Pre Press may include credits and links within any code Pre Press designs, builds or amends. If Pre Press designs a website for a Client, then the Client agrees that Pre Press may include a development credit and link displayed on the Client’s website. If Pre Press builds or amends a website for a Client, then the Client agrees that Pre Press may include a development credit and link displayed on the Client’s web page, which may be within the code but not displayed on a web browser if requested by the Client.
The Client agrees that the Pre Press reserves the right to include any work done for the Client in a portfolio of work.
The Client agrees to abide by the terms of any third-party software or media included in any work done for the Client. Examples of this include, but are not limited to, Google maps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.
Pre Press reserves the right to refuse to handle:
- Any media that is unlawful or inappropriate.
- Any media that contains a virus or hostile program.
- Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
- Any media that constitutes a criminal offence, or infringes privacy or copyright.
- Domain names and Web Hosting
- Pre Press can, at its 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. Pre Press holds no liability and the Client hereby agrees to indemnify and indemnify Pre Press from any claim resulting from the Client’s registration of a domain name.
If the domain name is registered in the Client’s own name, with the address and contact details of Pre Press. 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 any services they provide.
The Client agrees to take all legal responsibility for use of third-party domain name and hosting services and supply 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.
The Client is liable to pay Pre Press for any domain name registrations and the initial set-up of the hosting if included as part of the website build.
Where Pre Press is the registered owner of the domain on behalf of the client the domain shall be released on request of the Client. The Client should be aware that the transfer is subject to charges. No transfer will be made until all outstanding debts are cleared.
Any other domain name and hosting services or costs not included by Pre Press, including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the Client to the third party services or invoice directly to the Client from Pre Press.
The Client agrees to pay the domain name and hosting fees as soon as required. Any modifications needed to the domain name or hosting services are to be made in writing only and may be subject to additional costs.
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 loss of services to the Client.
Payment for the domain name and hosting services is to be made immediately upon receipt of an invoice from the third-party service. Failure to comply with the payment terms may result in the Client’s domain name becoming available to another party and/or the website and email services becoming unavailable.
The Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account that Pre Press requires to upload the website if required as part of a project.
Pre Press reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.
The 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 Pre Press from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.
The 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.
The Client agrees that an HTML or PHP 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 or PHP code by the different Internet browser software. Pre Press agrees to try to match the design as closely as is possible when building the code, but cannot be held liable for limitations of computer software.
During a website project, it is important that the Client communicates information to Pre Press to achieve the required result.
The Client agrees they are permitted a maximum of 1 hour of alteration on projects without incurring additional charges. After that hourly fee will apply.
All alterations are to be requested in writing either by email or post by the Client. After the allocated time for alterations is used up, either in design or coding, Pre Press reserves the right to advise the Client of such and send a separate quotation to the Client and request payment for any further alterations.
If the Client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, Pre Press reserves the right to quote separately for these alterations.
Pre-Press endeavours to create pages that are accessible to search engines. We employ third-party software to help with this process. However, Pre Press or third parties give no guarantee that the site will become listed with search engines.
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 the Client agrees that Pre Press can apply the nearest available alternative solution.
Pre Press at all times applies reasonable skill and care in the provision of services.
On request, Pre Press can create a copy of the website on one CD to be posted to the Client on project completion. A charge, based on hourly rates will be made to cover the cost of this.
After site completion, a Client or a third party of their choosing may wish to edit their website themselves. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the site themselves.
If the Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then Pre Press reserves the right to quote for work to repair the website.
Pre Press reserves the right to assign subcontractors in whole or as part of a project if needed.
Pre-Press will keep a copy of the site and design source files when a website project is being worked on. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third-party hosting services in case of a software or hardware failure at the third-party hosting servers.
All communications between Developer and Client shall be by telephone, email, Skype or postal mail, except where agreed at Digiprint’s discretion.
Accessibility & Web Standards
Pre Press tests sites and templates to ensure they comply with current standards at the time of sale. Should the Client request that Pre Press alter the site or templates to meet specific accessibility guidelines, or if updated accessibility guidelines were introduced after the site or templates were sold to the Client, Pre Press’s reserves the right to quote separately for any additional work needed.
Pre Press shall make every effort to ensure sites are designed to be viewed by popular browsers, which includes recent versions of Internet Explorer, Google Chrome, Safari and Mozilla Firefox. The Client agrees that Pre Press cannot guarantee correct functionality with all browser software across different operating systems.
The Client agrees that, following the handover of files, any updated software versions of the browsers detailed in the standard development platform, including the browsers Internet Explorer, Google Chrome, Safari and Mozilla Firefox, domain name set-up changes or hosting set-up changes thereafter may affect the functionality and display of their website. As such, Digiprint reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software, domain name or hosting changes.
The Client agrees that more advanced applications on a website page may require a newer browser version or plug-in.
Prices are subject to change without notice. All quoted prices are exempt from VAT. All invoices must be paid in full within 30 days of the invoice date, except where agreed at Pre Press’s own discretion. IN the case of the website 50% to start 50% after final proofs. The site will not go live until full payment has been received. We reserve the right to decline further work on a project if there are invoices outstanding with the Client.
Pre Press reserves the right to remove its work for the Client from the Internet if payments are not received.
Liability and Warranty Disclaimer
Pre Press provides the website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or the fitness of services offered for a particular purpose. Pre Press cannot guarantee the functionality or operations of its website or that it will be uninterrupted or error-free, nor does it warrant that the contents are current, accurate or complete.
The Client agrees that Pre Press is not liable for any bugs, performance issues or failure of any software used within the development.
The Client agrees that Pre Press is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third-party interference, Government, emergency on a 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.
Pre Press 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 Developer 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, Pre Press cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error-free. If, after the handover of files, errors are found in the code Pre Press has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then Pre Press can correct these errors for the Client free of charge for a period of 3 months, after acceptance of the work. After the 3-month period, Pre Press reserves the right to quote separately for any work involved in correcting an error.
If, after the handover of files, errors are found in code Pre Press has created and the standard development platform, or the domain name set-up or hosting set-up has been changed, Pre Press can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.
Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Pre Press reserves the right to cancel forthwith any website developments or projects and invoice the Client for any work completed. Any domain names registered by Pre Press for the Client or work completed will remain the property of Pre Press until fully paid for
Pre Press 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 website.
There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Pre Press and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.
Pre Press may from time to time recommend to the Client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. Pre Press reserves the right to quote for any updates as separate work. The Client agrees that Pre Press is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold Pre Press harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
The Client agrees to use all Pre Press ’s services and facilities at their own risk and agrees to defend, indemnify, save and hold the Pre Press harmless and indemnify from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Pre Press or its 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.
The Client agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name(s).
The Client also agrees to indemnify, hold harmless and defend Pre Press against any liabilities arising out of injury to property or person caused by any any product or service sold by the Client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services that are harmful to any person or company or any organisation.
Pre Press agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about Pre Press to another party.
Pre Press and any third parties shall use the information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the Client in communications with them and to contact the Client from time to time to offer them services or products that may be of interest to or benefit the Client.
Pre Press has the right to terminate a project with a Client at any time without prior notification if it finds the Client is in breach of any part of these Terms and Conditions. Pre Press shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.
Where one or more terms of this 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.
Any and all matters pursuant to this agreement are governed by English Law and are under the exclusive jurisdiction of the English Courts.
This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement and agrees to be legally binding by these Terms and Conditions.
Pre Press reserves the right to alter these Terms and Conditions at any time without prior notice.
These Terms and Conditions do not affect your statutory rights as a consumer.