Terms

Terms

Website Design Terms and Conditions

21/07/2005

Terminology

  • Our, ours, us, we - neon-dreams.co.uk.
  • You, yours - an agreed representative of [ customer ] who is accountable for the Contract.
  • Contract - a legal document specifying the terms and conditions and agreed deliverables, costs and dates for the project.
  • Design - the visual appearance and operation (commonly termed "look and feel"), also the code and the database or databases used. These are the elements created by us to enable you to manage your website without further assistance from us.
  • Content - material submitted by you during the day-to-day running of the website.
  • Users - specifically identified people who may submit, change or delete content.
  • Project Commencement - the date upon which you instruct us to begin work on your behalf.
  • Project - the development of the website from project commencement to final payment.
Contract

  • This document forms part of the Contract.
  • Signing this document, or the Contract, or payment or commencement of payment for the website or for Contract renewal means you agree to the terms and conditions of the Contract in effect at the time of payment.
  • This Contract is effective for a period of one year or until terminated by either party whichever comes earlier.
  • Upon termination of the Contract all your rights to the use of the website and its design are revoked and return to us. We will delete all content you may have uploaded onto the site.
  • The Contract may be renewed annually for a further twelve months. The fee for this will be set and communicated at least 60 days prior to the renewal date. For avoidance of doubt, the Contract renewal fee covers your annual hosting payment to us.
Ownership and Copyright

  • You unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to us for inclusion in the design are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend us from any claim or suit arising from the use of such elements furnished by you. You grant us the right to publish and use such material. You must obtain all necessary permissions to use all materials which are owned or copyrighted by a third party. Evidence of such permission may be requested by us.
  • Ownership of the design is held by us, or assigned to us and is protected by copyright. You will be granted a right to use license for the life of the Contract including Contract renewals. Rights to images, source code and databases are specifically not transferred to you, but remain the property of their respective owners.
  • We reserve the right to display images and other design elements as examples of our work in our portfolio.
  • All websites we develop shall carry a discreet copyright statement and text link back to our website.
Third Party Software

  • We may choose to install or integrate third party software products as part of the website design.
  • Third party software products may be required to include a copyright ot ownership notice as part of the terms of use.
  • We accept no responsibility or liability for any subsequent loss of service, function or content as a consequence of using third party software products.
Warranties, Limitations and Liabilities

  • We agree to provide a working and properly hosted design.
  • While the website is under development you may use it for evaluation and training purposes, including the setting up of users and the creation of content.
  • We guarantee the website to be fit for its purpose. If it doesn't do what we say it will do we will fix it at our expense.
  • We accept no responsibility or liability for the provision of content, or the day-to-day running of the website.
  • Performance of the website will be affected by many factors outside our control. We accept no liability for variations in performance of the website. We do not guarantee the operation of the website will be uninterrupted or error-free.
  • We accept no liability for loss of turnover, sales, revenue, profits or indirect, consequential or special loss arising out of the operation or non availability of the website, even if we have been advised of the possibility of such damages.
  • We cannot be held responsible or liable for any material submitted by users whether or not the terms and conditions of the Contract have been accepted. In particular you are prohibited from posting or transmitting to or from the website any unlawful, infringing, threatening, libellous, defamatory, obscene or pornographic material or any other material that would violate any law.
  • You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including legal fees) related to or arising out of the services provided by us to you under this Contract, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any material submitted by you for inclusion by us.
  • If you intend using the site for Internet electronic commerce purposes, you agree that you are solely responsible for complying with any laws, taxes and tariffs, and will hold harmless, protect, and defend us from any claim, suit, penalty, tax or tariff arising from your exercise of Internet electronic commerce.
  • We make no representations or warranties about any other website or material that you may access through links or other references on the website.
  • We provide tools which restrict some areas of the website to authorised users only. Access to and use of these areas is your responsibility. We cannot be held responsible or liable for unauthorised access to the website.
Domain Names

  • We may purchase domain names on behalf of you at your request as part of the project. Domain names purchased will carry a one-time 5 administration fee on top of each domain name cost. We will waive this fee for domain names ending in .co.uk, .org.uk, .me.uk.
  • The domain name ownership will be yours, and you will be responsible for renewal at the appropriate time.
  • We accept no liability for failure to renew domain names, nor for any loss of service arising.
Hosting

  • We will provide hosting for your website.
  • Hosting costs are payable annually in advance and will be as agreed at the time of project commencement.
Payment

  • We reserve the right to ask for a deposit of up to 25% of the estimated final website cost before we begin work.
  • Payment terms are strictly 30 days nett.
  • Each late or delinquent payment will attract a 25 charge to be added to your total bill.
  • Cancellation of the project before payment will result in a charge proportional to the work already completed being levied upon you, unless such cancellation is solely due to our inability to deliver the project on time.
Severability

  • In the event any one or more of the provisions of the Term and Conditions of this Contract shall be held to be invalid, illegal or unenforceable, the remaining provisions shall be unimpaired and the Contract shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
Non Waiver

  • Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this Contract shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this Contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this Contract.
Force Majeure

  • Neither party shall be liable for any delay in performing or failure to perform its obligations to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control, provided the same arises without the fault or negligence of such party and the affected party notifies the other party within three (3) working days of becoming aware of such event and the manner and extent to which its obligations are likely to be prevented or delayed, and provided also that the occurrence of any such event shall not have the effect of discharging or postponing the affected party's payment obligations.
Amendment

  • This Contract may be modified or amended if the amendment is made in writing and is signed by both parties.
Law

  • These conditions and all other express terms of Contract shall be governed and construed in accordance with the laws of England.
Contact Information

All requests for further information should be directed in writing to: Neon-Dreams, 22 Swinton Rise, Ravenshead, Nottingham, NG15 9FR, United Kingdom. Alternatively, you may email us at info@neon-dreams.co.uk, or telephone 01623 980102