terms and conditions - websites
Website development
The Client is engaging Deciacco Design as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on The Client’s web space located on an Internet Service Provider’s (ISP) server. The Client hereby authorizes Deciacco Design to access this ISP account and therefore must provide Deciacco Design with any necessary permission required. If a domain name is needed for the website, Deciacco Design will suggest appropriate names and do a search to ascertain the availability of those names. Deciacco Design will complete the necessary forms to register a domain name as selected by The Client. Although Deciacco Design will submit forms to register a requested domain name in a timely fashion, Deciacco Design does not guarantee the availability of any domain name. Deciacco Design will suggest and assist in the setting up of a web hosting account, with The Client taking control of billing directly with the host. Although we use our best efforts to guard against any loss to you through the failure of our vendors to perform in accordance with their commitments, Deciacco Design is not responsible for failure on their part. Due to web browser compatability issues and differing screen types, Deciacco Design does not guarantee that the site will display correctly or identically on all web browsers and devices.
Estimates
Project estimates are valid for 60 days from the date of estimate. The project estimate may be revised if, upon receipt of all project elements, Deciacco Design determines the scope of the project has been altered from the originally agreed upon concept.
Payment terms
A deposit in an amount equal to 30% of the total estimated cost is requested prior to execution of the project. The site will initially be placed on a draft directory for The Client’s viewing. The remaining balance of the total cost must be payed in full before the site will be moved to the main directory of The Client’s ISP. Any revisions, additions or re-design The Client wishes Deciacco Design to perform after this time shall be considered “additional” and will require a seperate Agreement. Payment is accepted by cheque made payable to Claire Deciacco or bank transfer, details supplied on request.
Additional expenses
Client agrees to re-imburse Deciacco Design for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with The Client.
Completion date
Deciacco Design and The Client must work together to complete the website in a timely manner. Much of this depends on receiving the appropriate images and text from The Client. We agree to complete the website in a professional and timely fashion. Any delay in the completion of the project due to actions or negligence of The Client, unusual transportation delays, unforeseen illness, or external forces beyond the control of Deciacco Design, shall entitle Deciacco Design to extend the completion/delivery date, upon notifying The Client, by the time equivalent to the period of such delay.
Late payment
In accordance with The Late Payment of Commercial Debts Act 1998 interest will be charged on all payments received outside our 30 day payment terms at the rate of 5% above the Bank of England base rate. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a returned cheque charge of £25.
Copyrights and trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Deciacco Design for inclusion in the project are owned by The Client, or that The Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Deciacco Design from any liability arising from the use of such elements.
Limited liability
The Client hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the web hosting service. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel. The Client hereby agrees to indemnify and hold harmless Deciacco Design from any claim resulting from The Client’s publication of material or use of those materials. The Client hereby agrees to indemnify and hold harmless Deciacco Design in any claim resulting from the submission of illegal materials. If Deciacco Design shall acquire a domain name on behalf of The Client, then in such case The Client hereby waives any and all claims which it may have against Deciacco Design, for any loss, damage, claim or expense arising out of or in relation to the registration of such domain name in any on-line or off-line network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of the providing of this service by Deciacco Design for any reason. Under no circumstances, including negligence, shall Deciacco Design, its offices, agents or anyone else involved in creating, producing or distributing its services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Deciacco Design’s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Deciacco Design’s records, programs or services. Client maintains sole responsibility for data backups and restoration. The Client hereby acknowledges that this paragraph shall apply to all content on Deciacco Design’s services.
Laws affecting electronic commerce
The Client agrees that The Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Deciacco Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from The Client’s use of Internet electronic commerce.
Copyright to web pages
Copyright to the finished assembled work of web pages produced by Deciacco Design is owned by Deciacco Design. Upon final payment of this contract, The Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code and work-up files are specifically not transferred to The Client, and remain the property of their respective owners. Deciacco Design and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
Authorship credit
Deciacco Design will include a small byline and link on the bottom of The Clients Web Page upon agreement by both The Client and Deciacco Design and must be removed at any time upon written request by Deciacco Design.
Non-Disclosure
Deciacco Design, its employees and subcontractors agree that, except as directed by The Client, it will not at any time during or after the term of this contract disclose any confidential information to any person whatsoever.
Cancellation
The Client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, The Client observes any non-conformance with the design plan, Deciacco Design must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor and expenses to date. All elements of the project must then be returned to Deciacco Design. Any usage by The Client of those design elements will result in appropriate legal action.
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