We will always do our best to fulfil your needs and meet your goals, and our Terms of Business are defined so that we both understand each others responsibility, and what happens in the event something goes wrong. In this document you will not find complicated legal terms or large passages of unreadable text. We have no intention to trick you into agreeing into a contract that you might later regret. We want what is best for the safety of both parties, now and for in in the future.
Definitions
- US/WE/OUR – The Mayne Design
- YOU/YOUR – The Client
1. General
WE will carry out work when instructed verbally or by written form by YOU, not restricted to email, telephone, fax, letter or face to face conversation. Updates will not be transacted via anonymous and unverified instant message.
2. Liability for Losses
We will not be liable for any losses incurred due to malfunction or failure of any of the services rendered or resold by US to YOU.
3. Testing
It YOUR responsibility to test and confirm any work completed by US – work is considered as completed, tested and accepted by YOU if there is no feedback within 5 business days after notification from US that the changes have been deployed to YOUR website.
4. Additional Enhancements
WE may choose to complete additional work for YOU at no cost. This may include enhancement to security of YOUR website, the implementation of additional feature(s) and function(s), or the upgrade of themes and the enhancement of graphics.
5. Trial Features
From time to time, after WE agree with YOU, WE may enable additional feature(s) or function(s) for YOU to trial on YOUR website at no additional cost. After the agreed trial period has completed, if YOU decide not to proceed with the additional feature(s) or function(s) WE will remove them and no cost will be due to YOU. Should YOU decide to continue with the features then the payment at the agreed cost will be due.
6. User Updates
Should YOU update YOUR website and cause an issue resulting in excessive bandwidth use, outage, or accidental deletion or other problem, after agreement with YOU, WE will charge OUR published Hourly Rate to rectify the issue and charge any other reasonable costs once agreed with YOU such as increase in allocated transfer or dedicated server.
7. Login Details
YOU will keep YOUR login and password details secure and not share with anyone. Your password should be of at least 10 characters in length, not contain any dictionary words or phrases and contain at least 2 numbers. YOU will not use YOUR Login/Password on (a) computer not owned by YOU (b) on a public computer (c) a computer connected via insecure or communal/shared wireless connection. YOU will not re-use the password used on YOUR website to access or login to other websites. Should YOUR website become damaged and the web server logs prove YOUR Login and password was used to damage the website then after agreement with YOU, WE will charge OUR published Hourly Rate to rectify the issue.
8. Transfer/Bandwidth Limits
Should YOUR website exceed the monthly quota of data transfer as published then YOUR website will display a message to say the Transfer/Bandwidth has been exceeded. Additional Transfer/Bandwidth can be be provided, please contact US to arrange this.
9. Website Availability
Should YOUR website experience an outage or malfunction please inform US by email or telephone with the time of the outage, screenshots of the issue, and information to allow US to recreate the problem. Should the outage or malfunction result in the total unavailability of YOUR website for an extended period, WE will investigate with the hosting company. Should the outage be due to OUR or our hosting companies error, website rental refunds can be claimed pro rata against YOUR yearly rental cost and should be claimed within 5 business days of the resolution of the issue.
10. Project Timelines
WE will agree with YOU the project deadlines and milestones for the completion of tasks. Should the timeline or deadline be missed due to materials from YOU not being delivered to schedule then YOU will agree with OUR revised schedule and make payment for work completed to date. Should WE miss the deadline or milestone then WE will not be liable for any consequential loss or damage such as but not limited to loss of earnings, loss of revenue or other compensation.
11. Requirements Changes and Additional Costs
Requirements can and do change, but if changes to YOUR original requirements requiring US to redo work may result in additional costs. YOU will be charged at OUR published Hourly Rate and redoing work may impact the Project Timeline.
12. Browser Compatibility
WE will endeavour to ensure compatibility with and current web browsers including Firefox, Safari and Internet Explorer. YOU need to be aware that certain function or rendering may not be compatible or identical across all browsers or platforms due to differences in the implementation of standards across different vendors. We want to specifically advise we do not support Internet Explorer 6 (IE6) or earlier as part of a standard deployment. If IE6 and earlier is important to you please state this as an initial requirement.
13. Search Engine Optimisation (SEO)
It is impossible for any company to guarantee ‘organic’ (non-advertising paid) SEO positioning and ranking of YOUR website within internet search engine results. SEO positioning can and does change on a daily basis. Basic SEO can be provided as part of YOUR website setup. No refunds will be provided if the results do not meet YOUR needs. Should YOU require guaranteed search engine results then YOU agree to use advertising paid programs such as Google Adwords.
14. Shop
Specifications on this website of the products and services offered are not formally binding and are intended to give a general description of the product and service. Should YOU have any queries over a specification or what is, or is not included, please contract US prior to YOUR order to clarify what will be provided.
All orders placed through OUR website will be subject to OUR acceptance of the order. Your order will be accepted by US (and a contract will then be formed between YOU and US) when the requirements for the product or service are formally agreed by both US and YOU and the work has started.
15. Payment Methods
Payment can be made either by Credit Card, Debit Card, Bank Transfer, Cash or Cheque.
16. Payment Terms
Payment terms are 30 days unless otherwise agreed in writing. We will exercise OUR statutory right to claim interest (at 8 per cent over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment legislation if WE are not paid within the agreed term. After 40 days of non-payment services may be disabled with no further notice to YOU. After 50 days of non-payment YOUR website and services may be deleted with no further notice to YOU.
17. Deposits
For larger projects a deposit will be required prior to work starting. For small to medium websites, payment will be due once the scope of work is agreed.
18. Termination
Should either party decide to terminate the agreement this can be done with 30 days notice subject to the completion of the minimum term or payment in lieu of. On termination any pre-agreed work will cease and the payment will become immediately due for work completed to date. Any deposits paid for work will be forfeit unless work for another client can be backfilled into the time that was allotted. Website rental will be refunded pro rata should WE terminate.
19. Copyright and Ownership
Database files, backup data, and source files remain OUR intellectual property, along with all resulting XHTML/HTML/CSS code, animations, and graphics created by US. You are licenced to use the XHTML/HTML/CSS code, animations, and graphics on YOUR website for the one domain name only for the duration of the website rental period. YOU will indemnify us against any claim for improper use of copyrighted materials such as graphics/videos/text/graphics/trademarks/sound files or other artwork and guarantee that you own the copyright or have permission from the copyright holder to use the elements. WE may choose to include a link at the footer of each page of YOUR website linking to OUR website and reserve the right to display YOUR website as part of OUR portfolio.
20. Subcontractors
WE reserve the right to subcontract part or all of YOUR project to a third-party.
21. Website Hosting
YOUR website will be developed and deployed on OUR selected website hosting company. Should YOU require YOUR website to run from YOUR existing servers YOU will advise this as part of the initial requirements submission. When hosted on OUR servers WE are responsible for backing up YOUR website. If YOU choose to host YOUR website on YOUR servers YOU are responsible for all technical aspects of the hosting work relating to YOUR website including Domain Name Servers (DNS) setup, server setup, backup, deployment and maintenance of the new site.
22. Domain Names
Should YOU wish to transfer in your domain name to US please contact US for the IPS tag to transfer to. If you want US to complete the transfer of YOUR domain name from YOU to US then this will be charged at our published Hourly Rate plus any fees your existing Registrar may charge for the transfer. Should you wish to own and manage YOUR own domain name then YOU are responsible for renewals and YOU are responsible for managing the Domain Name System (DNS) records. Should YOU wish to retain ownership of your domain name but want US to manage the DNS records then this is charged at our published Hourly Rate. If you want US to own, renew, and maintain the DNS records this can be included with YOUR website yearly rental.
23. Changes to the Agreement
We may change this agreement from time to time without notice from YOU, please review them regularly. YOU are deemed to have accepted changes to this agreement and the current version if YOU make a payment of an invoice or otherwise agree to these Business Terms. Should YOU wish to be notified when a change is made to this agreement please contact US stating that YOU wish to be informed. Please print a copy of this agreement for YOUR reference.
Version 1.03 February 2012
