Terms and Conditions
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Light Presence for its clients.
2. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately upon receiving your instruction to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full – this will delay the completion date.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
3. SUPPLY OF CONTENT MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, this is limited to 2 revisions and a charge will be added for additional designs if you make a change to the original design specification or request more changes beyond the agreed 2 revisions. Bear in mind that our business model is based on limited consultation. If you feel strongly about the exact look of your site and wish to be consulted during every step of the process we do not recommend contracting Light Presence, as this is a premium service we are unable to offer at this time. Any major deviation from the specification will be charged at the rate of £50.00 per hour supplementary to the agreed fee.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content for the work pages. During development we try to avoid ongoing contact with you, as we aim to take this out of your hands and provide a no-fuss, quick and simple service, however sometimes it is necessary to contact you in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and any delays from your side may extend the project completion date.
6. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory* points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
* by ‘unsatisfactory’ we mean failing to fit the initial agreed requirements laid out in the contract. Work that is not to your taste comes under the ‘Revisions’ label described above.
7. REJECTED WORK
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project. In the case of non-payment, we reserve the right to remove the website from the public domain until payment is made.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
11. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
12. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Light Presence under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
14. SUBCONTRACTING We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
16. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses. These will be agreed before purchase.
Whilst we will set up regular backups, you are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us. If you wish us to maintain your backups, please purchase a maintenance package.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
19. WEB HOSTING
Whilst Light Presence recommends hosting companies to host your site, no guarantees can be made as to the availability or interruption of this service. Light Presence cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
20. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the U.K. You and Light Presence submit to the non-exclusive jurisdiction of the courts of the U.K in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
21. CROSS BROWSER COMPATIBILITY
We endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found. Unfortunately we cannot guarantee 100% compatibility across all platforms.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Light Presence from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
23. MAILING LISTS
Light presence accepts no responsibility for creating and maintaining mailing lists though we can connect your 3rd party mailing list software with your site. You are responsible for compliance with data protection law and the protection and safe disposal of data.
24. BUSINESS TERMS AND CONDITIONS OF BUSINESS
If you will be supplying goods and services via your website, please ensure you publish your own terms and conditions and that your processes are fair and legal.
You must indemnify us and hold us harmless from any claims or legal actions related to the business transactions undertaken through your website.
25. RIGHT OF REFUSAL
Light Presence reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise. Web hosting payments are non-refundable.