- DEFINITIONS AND INTERPRETATIONS
"LIFETIME WEB DESIGN AND MEDIA LIMITED" means LIFETIME WEB DESIGN AND MEDIA LIMITED and / or it associated business and/or trading style.
"The Customer" means the person, firm or company specified as such and identified as the Client Account on this document.
Headings are for purposes of identification only and shall not limit or otherwise affect the meaning of the conditions to which they relate.
- QUOTATIONS & AGREEMENTS FOR COMMISSION OF SERVICES
- Quotation or tenders remain open for acceptance for a period of thirty (30) days from submission or such other period as agreed in writing, after which it shall be subject to further confirmation by LIFETIME WEB DESIGN AND MEDIA LIMITED. Contracted terms within quotations are strictly limited to 12 months from the date of the website launch or 18 months from the date of contracted signing. After this period has ceased any "special terms and conditions" included within original contracted agreements become void unless otherwise agreed in writing with specifically referenced dates and will therefore refer to the content remainder of these terms and conditions contained through this document.
- Reference is made to client/customer contract extensions of services agreements and/or commission of work agreements for ongoing professional services after cessation of the standard 12 or 18 month period as in (i). New agreements for continuation of services including website updates, domain hosting, emails services, website management services and all related professional services provided by LIFETIME WEB DESIGN AND MEDIA LIMITED and or its associated companies or trading styles will be subject to the terms and conditions detailed within this document. Cessation of contracted services before agreed expiry dates can be arranged by a payment of £1500.00 + vat at the standard rate applicable plus the payment of all outstanding and forward planned fees due which would normally be paid in relation to the content of the agreement as signed, to up to and including the final date of the original agreement.
- Terms and conditions referred to in a Customer's / Clients order will not bind LIFETIME WEB DESIGN AND MEDIA LIMITED in any way whatsoever unless they are specifically incorporated as part of these terms and conditions and attached hereto duly signed by an authorised representative of LIFETIME WEB DESIGN AND MEDIA LIMITED and or it's associated trading names or companies for and on behalf of the Customer/Client.
- No agent, employee or representative of LIFETIME WEB DESIGN AND MEDIA LIMITED other than a partner has authority to vary these terms and conditions nor to make any representation as to the effect of these terms and conditions nor as to the subject matter of any contract generally.
- In the event of a conflict or misunderstanding of the content of agreements made between Lifetime Web Design and Media Limited and it's trading associated companies and our clients/customers all conditions within this document shall prevail and are unconditionally accepted by the client/customer on signing of any contracted obligations.
- Prices are quoted in pounds sterling and are exclusive of VAT which shall be charged at the applicable rate.
- All prices quoted and accepted may be increased by Lifetime Web Design & Media Limited serving written notice of increase on the customer if any alteration to the specification or the services to be rendered is made at the request of the Customer to the extent that such alteration would have given rise to an increase in the quoted contract price had it been allowed for.
- Standard fees for the professional website coding, technical development, and the production of websites and the related internet needs are charged at our standard rate of £80.00 per hour plus vat unless otherwise stated by agreement in writing.
- Fees may vary if it is deemed necessary for the use of professional services from a third party source such as, freelance web design architects or other allied internet agencies. These fees may either be greater than or less than the standard fees applicable as detailed in point iii above.
- Administration fees applicable to amendments and coding changes required to clients live websites as designed by ourselves only will be charged at a standard rate of £65.00 per hour plus vat. New Pages required for display on any website developed for our clients which are/is in addition to the number of pages contracted to be developed at an agreed number plus 10% (i.e. 20 contracted pages equals + 2) will be charged at our standard rates of £150.00 per page plus vat at the end of the agreed three months free updates and adjustment period allowed. This level of fees is a standard charge applicable to all client contracts.
- PAYMENT TERMS
- Unless otherwise agreed by LIFETIME WEB DESIGN AND MEDIA LIMITED and incorporated on the reverse of this document LIFETIME WEB DESIGN AND MEDIA LIMITED's standard terms of payment are:-
- 30% of the contractual price upon contract / or agreement acceptance of costs
- The balance, together with any increase, 14 days from delivery to the customer's premises or personal possession.
- OR as previously detailed within the body of our accepted quotation
- LIFETIME WEB DESIGN AND MEDIA LIMITED will not regard its quotation or tender as having been accepted unless it received with acceptance a deposit of 30% of the contract value or such other amount as agreed by way of variation of this condition.
- In the event of receiving an unfavourable credit report on the customer from its own sources LIFETIME WEB DESIGN AND MEDIA LIMITED reserves the right to cancel this agreement or change the terms of payment at any time before delivery of the goods to the Customer.
- Unless otherwise agreed by LIFETIME WEB DESIGN AND MEDIA LIMITED in writing the contract price for the goods and services provided and charges rendered shall be payable in the manner agreed without set off on or before the agreed due date. LIFETIME WEB DESIGN AND MEDIA LIMITED reserves the right to charge interest at the rate of 2% per month on any balance outstanding if payment remains outstanding beyond the payment date (such interest to be charged from day to day and compounded annually) and /or remove the product from the client's site or server or Website to which it has been assigned without prior notice.
- If a special agreement for payment or terms of payment has been made it must be in writing and signed by the client. This "special agreement" is a binding contract, and may be attached to any document relating to the clients internet needs. Failure to abide by signed document which refers to fees, which for any reason are not paid, will constitute and breach of contract and legal action for the recovery of fees due will be taken.
- Domain Hosting is contracted for a minimum period of 12 months unless otherwise detailed in writing. Once a domain URL has been hosted for a period of 7 days, it is deemed to be of live status, and the contracted 12 months hosting applies. Domain hosting transfer fees "AFTER" a 12 month hosting period has expired are set at £120.00 +vat in all cases.
- LIFETIME WEB DESIGN AND MEDIA LIMITED will use its best endeavours to meet any estimated delivery date quoted to the Customer on the reverse of this document but time shall not be of the essence in relation to any such delivery date.
- Delivery dates are provisional only and will automatically be extended by an amount equivalent to any delay by the customer in accepting LIFETIME WEB DESIGN AND MEDIA LIMITED's quotation or tender within the 14 day period referred to in condition 2 above. Delivery dates may be further extended by LIFETIME WEB DESIGN AND MEDIA LIMITED for any reason beyond LIFETIME WEB DESIGN AND MEDIA LIMITED's control including, but not limited to, any alteration to the specification and/or services to be rendered by the customer, strikes, lock outs, shortage of materials, trade disputes and other unforeseen disruptive incidents beyond LIFETIME WEB DESIGN AND MEDIA LIMITED's control.
- LIFETIME WEB DESIGN AND MEDIA LIMITED shall not be liable for any losses, costs, damages or expenses (incurred consequential or indirect losses or damages) suffered or incurred by the Customer as a result of failure to meet the quoted or estimated delivery date or any revised delivery date.
- In cases where LIFETIME WEB DESIGN AND MEDIA LIMITED is unable to deliver goods because of the default of the Customer, LIFETIME WEB DESIGN AND MEDIA LIMITED, upon giving the Customer 7 days notice that the goods are in LIFETIME WEB DESIGN AND MEDIA LIMITED's opinion ready for delivery, shall be entitled to invoice the customer the balance outstanding pursuant to condition 3 hereof and the same shall become due in accordance with the terms thereof notwithstanding the customer's failure to accept delivery.
Whilst LIFETIME WEB DESIGN AND MEDIA LIMITED makes every effort to ensure that the goods and services supplied shall correspond to LIFETIME WEB DESIGN AND MEDIA LIMITED's design or the customer's design in every respect, LIFETIME WEB DESIGN AND MEDIA LIMITED shall not be responsible for minor variations from specification or other design feature and no minor variation shall entitle the customer to rescind the contract nor shall they be the subject of any claim against LIFETIME WEB DESIGN AND MEDIA LIMITED by the customer nor shall they vary the terms and conditions of quotation as otherwise agreed.
Any mention in any brochure or advertisement or literature or written specification as to the performance of any goods or services provided by LIFETIME WEB DESIGN AND MEDIA LIMITED to the Customer shall be indicative and for guidance only and shall not form any part of any contract entered into by LIFETIME WEB DESIGN AND MEDIA LIMITED. Specifically, but not by way of limitation,
but do not warrant to protect against outside interference, server failure, viruses, reverse engineering or code breakers and LIFETIME WEB DESIGN AND MEDIA LIMITED do not guarantee any programme written for the customer not to carry a virus to the customer or any other persons' personal computer (PC).
- LIFETIME WEB DESIGN AND MEDIA LIMITED will write all computer programmes, graphics, etc on virus clean machines,
- build safety features into programmes to prevent future contamination so far as they are able,
LIFETIME WEB DESIGN AND MEDIA LIMITED declines to accept any instructions for any customer which requires the production of any programme or material, the content or detail of which is either subversive, libellous or slanderous and LIFETIME WEB DESIGN AND MEDIA LIMITED may decline any instructions which they consider are intended to present material or information which is not in good taste or in the public interest.
- 7. COPYRIGHT AND SOURCE FILE PROTECTION
- All programs, specifications, illustrations and advertising material submitted to the customer by LIFETIME WEB DESIGN AND MEDIA LIMITED are the property of LIFETIME WEB DESIGN AND MEDIA LIMITED and to which copyright law will be applied, and may not be reproduced in whole or in part by any means whatsoever unless permitted by agreement in writing.
- Upon upload of all coded website source files which display the customers website live on the internet to a Website URL and Host of the Customer's choice, the Customer shall by these terms and conditions be licensed to use the website in it's entirety for the period of live status of the website as uploaded from the date of uploading to the clients chosen host.. The 'Host' shall be deemed as the ISP chosen by the client and shall hold complete and total responsibility for the live status of the website files. Once the website source files have been uploaded to the clients 'Host' to display the website live on the internet, any client request at any time after a period of 12 months has passed from date of original file upload to change the 'Host' and repost the source files, will be a chargeable event at a rate of £45.00 per page. Amendments and updates required to the website after the free period of updates has ceased as detailed within the original contract with the client, will be a chargeable event at a rate of £65.00 per hour unless previously agreed in writing.
- It is understood by clients commissioning LIFETIME WEB DESIGN AND MEDIA LIMITED to develop and produce any website content, design or any file type which is to be displayed on the internet for and on behalf of the 'Client' the client offers unconditional protection and absolute indemnity by the client/customer, against any action arising from the down state of the website, or any misrepresentation or legal rights of display of any data, images or files of any type displayed.
- Thirty days notice is required for the removal the website in it's entirety as originally posted. - Copyright of source files remains with LIFETIME WEB DESIGN AND MEDIA LIMITED unless agreement to purchase has be reached and full payment made.
- Electronic Commerce Laws
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend LIFETIME WEB DESIGN AND MEDIA LIMITED and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
- Web Design Project Copyright
LIFETIME WEB DESIGN AND MEDIA LIMITED legally owns the copyright of all coded source files, layout and system architecture used in the construction of any finished website which has been produced, designed, developed and attached to a URL of the clients required business/trading name, and which appears live on the Internet. The client is automatically assigned rights to use the completed website project as a "website" for sole use and display of company/business information live on the worldwide web. The use of the website as a visual information platform is only allowed once final payment (or a agreement of related business services) has been paid or established. Rights to photographic images and graphics (unless supplied by the clients themselves) website design source code, work-up files and all code hand written or website software authoring generated files, and or code and remain the property of their respective owners. Rights to source codes, html written scripts, java scripts, and any electronically origination code or file as produced either manually or by the use of the software programmes used to produce the work required by the client are the property of LIFETIME WEB DESIGN AND MEDIA LIMITED. LIFETIME WEB DESIGN AND MEDIA LIMITED and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios without the written consent of the client.
Purchase of the origination source files as produced by LIFETIME WEB DESIGN AND MEDIA LIMITED can be purchased for a single fee of £1500 + VAT. Upon payment of this figure LIFETIME WEB DESIGN AND MEDIA LIMITED will release all original source files to the client with an unconditional clause of usage, display or presentation and copyright will automatically transfer under this agreement to the client.
- The copying of any website files, website source files, website display styling, layout, or presentation of data in any format together with any related website displayed images, which is taken or copied without the written and signed consent of a director of LIFETIME WEB DESIGN AND MEDIA LIMITED is deemed to be an infringement of legal copyright and is strictly forbidden.
Legal action for the recovery of damages relating to copyright infringement will be taken by LIFETIME WEB DESIGN AND MEDIA LIMITED against any individual(s), Limited Company, or Partnership found to be using all or any part of a website which was originally designed, coded, developed and produced by Lifetime Web Services under written agreement, without the written and signed consent of the a director or legal representative of LIFETIME WEB DESIGN AND MEDIA LIMITED.
A minimum fee of £3,500.00 plus vat and any legal fees will be levied against those found to be in breach of these conditions.
- Any express or implied warranty or condition whether statutory or otherwise as to goods or services supplied by LIFETIME WEB DESIGN AND MEDIA LIMITED is hereby excluded to the extent permitted by law. In lieu thereof LIFETIME WEB DESIGN AND MEDIA LIMITED undertakes that if any goods or services supplied by it prove to be defective in workmanship (outside interference, server failure, reverse engineering, damage by code breakers, viruses excepted) LIFETIME WEB DESIGN AND MEDIA LIMITED will at its option either replace free of charge such defective goods or refund to the Customer the price of such goods and services provided upon such terms hereinafter set out.
- The terms of warranty are as follows :-
- LIFETIME WEB DESIGN AND MEDIA LIMITED will not accept liability for any loss either of a direct or consequential nature suffered as a result of any act or omission on the part of LIFETIME WEB DESIGN AND MEDIA LIMITEDor its servants, agents or representatives or any fault in any of the goods it supplies or services provided.
- LIFETIME WEB DESIGN AND MEDIA LIMITED, it's staff, Agents or Directors do not accept responsibility for the display of content as posted on any website developed produced or designed by ourselves. It is understood that it is the sole responsibility of the "Client" to provide all images and required text ( unless otherwise agreed in writing) to LIFETIME WEB DESIGN AND MEDIA LIMITED which are / is to be displayed on the website. Once the production of the website is complete and posted live to the internet, it is the sole legal responsibility of the client to ensure that that the text content and images displayed are free from copyright protection.
Once an agreement between the "Client" and Lifetime Web Services is signed by both parties it is understood completely that the "Client" offers an unconditional indemnity to LIFETIME WEB DESIGN AND MEDIA LIMITED against any legal action taken by any party whatsoever at the time, in relation to any information, and /or images, which are displayed within the website.
- LIFETIME WEB DESIGN AND MEDIA LIMITED's liability is limited to repair or replacement of defective programmes wherein LIFETIME WEB DESIGN AND MEDIA LIMITED's judgement such defects have arisen without misuse solely as a result of faulty design/programming.
- Defects judged by LIFETIME WEB DESIGN AND MEDIA LIMITED to be within the terms of this warranty will be repaired/remedied by the Customer returning to LIFETIME WEB DESIGN AND MEDIA LIMITED the entire program, product specifications, documentation, licence's and any other product specific information for its attention.
- MEANS OF DELIVERY
Delivery to the Customer shall be by way of uploading the programme to a server of the Customer's choice or as agreed in the quotation or separate proposal of services.
- If payment for goods and services provided by LIFETIME WEB DESIGN AND MEDIA LIMITED to the Customer the subject of this contract is not made on the due dates LIFETIME WEB DESIGN AND MEDIA LIMITED may in its absolute discretion by service of notice upon the Customer at the Customer's address given in this contact elect to cancel the contract.
- The Customer shall have no right to cancel the order unless done so with the written consent of LIFETIME WEB DESIGN AND MEDIA LIMITED. In the event of LIFETIME WEB DESIGN AND MEDIA LIMITED giving written consent to the Customer to cancel the order, the Customer shall forthwith become liable in damages to LIFETIME WEB DESIGN AND MEDIA LIMITED for 30% of the contact price or the contract value as at the date of cancellation whichever is the higher.
- FORCE MAJEURE
LIFETIME WEB DESIGN AND MEDIA LIMITED shall not be liable to the Customer for any breach of the terms of any contract between LIFETIME WEB DESIGN AND MEDIA LIMITED and the Customer incorporating these terms and conditions which is due to any cause arising from or attributable to acts, events, non happenings, omissions or acts of God beyond the reasonable control of LIFETIME WEB DESIGN AND MEDIA LIMITED (including but not limited to strikes, lockouts, shortages or labour, civil commotion, riots or threat of or preparation for war and inability to obtain suitable raw materials, equipment, tool power, components or transportation.
All matters relating to the formation, performance and discharge of any contract incorporating these terms and conditions shall be governed by English Law and shall be determined only by proceedings conducted within the jurisdiction of England and Wales.