JXTC GENRE : DECEMBER 08 TEMPLATE

Definitions:

The Client : The company or individual requesting the services of Byteback Computers.
Byteback Computers: Primary designer/site owner & employees or affiliates, hereby referred to as Us/We.

General:
We will carry out work only where an agreement is provided either by email, telephone, mail or fax.  An 'order' is deemed to be a written or verbal contract between Byteback Computers and the client, this includes telephone and email agreements.

Website Design:
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, we cannot accept responsibility for any losses incurred due to the website or any part of it.

The website, graphics and any programming code remain our property until all outstanding accounts are paid in full.

The copyright of any initial designs that are not used in the final website design still lies with us, even once payment has been made in full.

We reserve the right to display a link to the client’s website in our portfolio page. We also reserve the right to display ‘Designed’ and/or ‘Powered by Byteback Computers’ on the client’s website. This statement will form part of a link back to our own website.

We reserve the right to reproduce any of our artwork, including approved web sites, for promotional purposes.

Any scripts, applications or software (unless specifically agreed) written by us remain the copyright of us and may only be commercially reproduced or resold with our permission.

We cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

The client agrees to make available as soon as is reasonably possible to us all materials required to complete the site to the agreed standard and within the set deadline.

We will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

We will make every effort to design the client’s website so it displays consistently in the most popular current browsers. We cannot accept responsibility for the display of a client’s website in new versions of browsers released after the client’s website has been launched.

A deposit of £500 or 25% of the value of the design work, whichever is least is required with any project.

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.

Where Web Hosting is being taken charges accrue from the date of agreement of service, not the date of completion, and such charges become due no later than 60 days after the agreement of service.

We reserve the right to check the credit details of any person or company using our services. Credit information found may result in clients being asked to pay a larger deposit, or the whole amount before commencing work.

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 and we have not been contacted regarding the delay, access to the related website may be denied and web pages removed.

Action will then be taken to pursue payment, including but not limited to action in the Small Claims Court.

Hosting, support and updating service agreements:

We offer annually renewable packages of hosting and updating service agreements which can be purchased as part of a package or separately. These include hosting, content updating and search engine submissions.

These packages are quoted for either on application or at time of quoting for a full project.

Hosting, support and updating services are annually renewable, package start dates are based on when the package is first ordered and not when the web project goes live.

Our content update service refers to any content, photographs or text which replaces any current content. It does not extend to producing new sections or pages unless otherwise noted.

Hosting support and updating packages are renewed annually, invoices are provided approximately one month before the renewal date, however our usual payment terms apply from the invoice date.

Customers wishing to cancel a hosting, support or updating package must inform us before the invoice date otherwise full annual payment will be required.

No partial refunds will be given for hosting, servicing or updating packages cancelled during the current agreements time period.

We cannot accept liability for losses caused by the unavailability, malfunction or interruption of hosting service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Website/Search Engine Optimization:
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. We cannot accept liablility 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.

Should we waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit us to waive the same clause on any other occasion.