Definition of our terminology as used within this document:
- A ‘Project’ is any work undertaken or service provided by AvidLab Web Design for the Client on their request and as described in our confirmation order email to that Client.
- A ‘Client’ is a person, persons, business or organisation using any of the services provided by AvidLab Web Design.
- ‘Live Mode’ means the date the website is available on the Client’s chosen domain.
- ‘Domain’ is the website address as specified by the Client.
- ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
- ‘Hosting’ is a yearly cost to keep a clients website activated on-line.
- ‘Content’ is both text and images that the Client requires on the website.
- ‘GB’ stands for gigabytes and is a measure of storage space.
- ‘Initiation phase’ is the initial period where the client requirement and information gathering is taking place. This generally last 7 days from the date of deposit.
- ‘Active phase’ when the project is actively being worked on by experienced designers and developers.
- ‘Release phase’ is the final stage when the project has been deployed in the LIVE environment, Free 30 support is given from the date of deployment.
AvidLab Web Design Terms & Conditions
The contract between AvidLab Web Design and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
The works to be carried out shall be as set out in a confirmation email or telephone call. Upon proceeding with a project after receiving a design brief document, you agree to the terms and conditions by default.
Email will be the method of contact with regard to all communication. Although AvidLab Web Design can be contacted by telephone, we will use email as our method of communication and therefore it is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. AvidLab Web Design can not be held liable in any way relating to communication issues if we are not supplied with a valid email address. AvidLab Web Design will acknowledge all emails within 3 working days. Video meeting and screensharing software is also a preferred method of communcation. Meeting in person is not our preferred method of contact and no expectation shall be made to do so on either party’s behalf.
AvidLab Web Design will only commence work on a Project after receipt of a non refundable, deposit of the quoted Project fee from the Client of 50%. Payment Terms may differ from project to project and these should be made clear to the Client in the Proposal document if different from the 50% default. The project will be switched to Live Mode once the remaining 50% balance is paid in full. Change requests may be applied only where there is prior request and approval. The project will not be set to Live Mode until this balance is cleared, under any circumstances, unless other wise agreed.
The deposit paid to AvidLab Web Design covers the cost of design work and development carried out as well as any admin work and communication with AvidLab Web Design. The deposit is non refundable. AvidLab Web Design reserves the right to terminate a project if sufficent designs and revisions have been made but the client is unhappy with the outcome. Viewing our portfolio of work gives a solid expectation of the results which we can deliver. Version revisions should not expect to exceed 6 rounds of changes on any given project if a brief is supplied and adhered to.
All work that is under the value of £500 is to be paid within 7 days of invoice issued. Anything over this value is to be paid 50% deposit and 50% on completion.
AvidLab Web Design shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
It is important for the Client to keep in contact with AvidLab Web Design throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 5 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded.
Where images used on the website have been purchased by AvidLab Web Design on behalf of the Client, these images are strictly for use on the website only. AvidLab Web Design are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
AvidLab Web Design will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, AvidLab Web Design will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control
AvidLab Web Design cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by AvidLab Web Design.
Where asked to provide search engine optimisation for a Client, AvidLab Web Design do not guarantee any specific placement or high ranking on search engines.
AvidLab Web Design will provide the Client with an expected completion date for the Project (live on the internet) if requested. AvidLab Web Design will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of AvidLab Web Design is purely an estimate.
It is the Client’s responsibility to check with AvidLab Web Design whether Open Source Software is being used or not.
The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time and custom development costs. Open Source Software is not owned by AvidLab Web Design or the Client.
AvidLab Web Design own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by AvidLab Web Design for the Client, unless the images have been supplied by the Client. Images purchased by AvidLab Web Design are licensed only for use on the client website, costs for procurement will be paid by the client.
All images displayed on the Client’s website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or AvidLab Web Design, they will be the sole responsibility of the Client.
AvidLab may use a selection of plugins which require ongoing licenses to function and receive future updates. All licenses are the responsibility of the client to purchase and maintain latest versions at all times.
Domain names are the responsibility of the client to register. AvidLab Web Design will not register domains on behalf of clients due to complications with renewal payments and registered addresses, etc.
It is the responsibility of the Client to renew their domain names when due. If a domain name expires, AvidLab Web Design can not be held liable for this. However, AvidLab Web Design will make reasonable effort to contact the Client regarding domain renewal.
AvidLab Web Design shall be entitled to place an unobtrusive credit with a hypertext link (i.e.”Site by AvidLab’ ”) in the footer of the web site.
Unless agreed upon via a project proposal, any work outside the scope of a proposal will incur AvidLab Web Design’s hourly rate. AvidLab Web Design will never proceed with hourly rate based work unless a discussion has occurred between AvidLab Web Design and the client and agreed upon.
After a website has been set live, the client is entitled to 30 days of minor updates, which include things like spelling mistake corrections, editing text or fixing any small content based errors. Bugs will be fixed for free but only if the result of non tampering by the client or other 3rd parties breaking functionality on the site. AvidLab Web Design charges an hourly rate (see 20.) for anything outside of 30 days regarding updates.
Our smallest hosting offered by AvidLab Web Design is limited to 1GB of website space & 1GB of monthly bandwidth unless otherwise stated in a separate contract. If your site requires more than 1GB of space and 1GB of bandwidth we will advise you on our other web hosting packages.
When a Client renews Hosting with AvidLab Web Design, this sometimes can include a domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and AvidLab Web Design can not be held liable for this. This only applies if the domain name was bought on behalf of the client. If the domain was bought by the client it is the clients responsibility to renew domain names.
Renewal of Hosting is due on an annual basis. The date of renewal will be annually from the date the website was ordered by the Client. The Hosting will not be renewed if AvidLab Web Design cannot contact the Client or the Client requests for AvidLab Web Design to not host this site.
The Hosting renewal charge must be received within 10 days of the Hosting renewal date. AvidLab Web Design reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by AvidLab Web Design for reactivating the website/Hosting should the client not wish to renew Hosting for another 12 months.
If the Client does not use AvidLab Web Design Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
Should a Client wish to move Hosting away from AvidLab Web Design or transfer a Domain name away from AvidLab Web Design, a £60 admin charge will be issued, which must be paid before the transfer takes place.
AvidLab Web Design has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client’s web sites constitute AvidLab Web Design endorsement, or approval of the website or the material contained within the website. AvidLab Web Design has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. AvidLab Web Design provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
AvidLab Web Design are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.
If a Domain name is purchased by the Client through a company other than AvidLab Web Design, the Client has full responsibility in making sure that the domain name is renewed when due. AvidLab Web Design will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than AvidLab Web Design.
AvidLab Web Design makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
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