By placing an order with EssAitch Web Design, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions:
The Client : The company or individual requesting the services of EssAitch Web Design.
EssAitch Web Design: Primary designer/site owner & employees or affiliates.
General
EssAitch Web Design will carry out work only where an agreement is provided either by email, telephone, mail or fax. EssAitch Web Design will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between EssAitch Web Design 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, EssAitch Web Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by EssAitch Web Design remain the copyright of EssAitch Web Design and may only be commercially reproduced or resold with the permission of EssAitch Web Design.
EssAitch Web Design 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.
Any additions to briefs provided will be carried out at the discretion of EssAitch Web Design and where no charge is made by EssAitch Web Design for such additions, EssAitch Web Design accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to EssAitch Web Design all materials required to complete the site to the agreed standard and within the set deadline.
EssAitch Web Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
EssAitch Web Design will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
EssAitch Web Design will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
EssAitch Web Design will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.
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. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.
Database, Application and E-Commerce Development
EssAitch Web Design cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by EssAitch Web Design remain the copyright of EssAitch Web Design and may only be commercially reproduced or resold with the permission of EssAitch Web Design.
Where applications or sites are developed on servers not recommended by EssAitch Web Design, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by EssAitch Web Design before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, EssAitch Web Design will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Compatibility
EssAitch Web Design will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. EssAitch Web Design can offer no guarantees of correct function with all browser software.
Website Hosting
EssAitch Web Design will host a website of their design for the initial 12 months. The Hosting renewal charge must be received within 14 days of the Hosting expiry date. EssAitch 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 EssAitch Web Design for reactivating the website/Hosting. No guarantees can be made as to the availability or interruption of this service due to circumstances beyond our control. EssAitch Web Design 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.
EssAitch Web Design 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 the free hosting service should the necessity arise.
Domains
A domain name will be registered by EssAitch Web Design on behalf of the client once we have received the 50% deposit and a completed creative brief. Unless you already have a domain name.
Should a Client wish to transfer a Domain name away from EssAitch Web Design, a £50 admin charge per domain will be issued, which must be paid before the transfer takes place to cover the admin and handling fee.
If a Domain name is purchased by the Client through a company other than EssAitch Web Design, the Client has full responsibility in making sure that the domain name is renewed when due. EssAitch 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 EssAitch Web Design.
Website Maintenance
The website maintenance agreement allows for minor web site maintenance to pages over a thirty (30) day period, up to an average of thirty (30) minutes per web page, including updating links, replacing graphics and making minor changes to a sentence or paragraph.
It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, navigation structure changes, or repairs to attempted updates by Client.
The period of 30 days begins on the date the Client's web design site is available to be published to Client's hosting service or 30 days from the date this agreement was accepted online, which ever comes first.
Major page code and/or structural changes will be charged at hourly rates.
When new requests are added or more designs are requested the project may need a new quote and/or may take longer to complete and/or incur extra costs to the client.
Website 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. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. 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.
EssAitch Web Design reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Access
To enable EssAitch Web Design to undertake SEO on the Contract Web Site, the Client grants authority to submit the web Contract Web Site to search engines and selected directories.
EssAitch Web Design will retain the ability to change the structure and content of the Contract Web Site. The EssAitch Web Design work will endeavour not to harm the appearance of the Contract Web Site or any legally sensitive texts of the Contract Web Site, but onus is on the client to approve or disapprove all changes to the visual part of the Contract Web Site.
EssAitch Web Design must retain username and password log-on information to enable FTP access to the Contract Web Site. Under the current Data Protection Legislation, EssAitch Web Design will maintain confidentiality of log-in and all other confidential information provided by the client. The provision of such log-in data and other sensitive information by the client will be deemed to imply an approval to retain the data in the absence of any specific approval statement in the contract.
The Client must inform EssAitch Web Design of any other person or company that would have access to or be likely to request access to the Contract Web Site or require data held by EssAitch Web Design.
EssAitch Web Design endeavours to satisfy all parties who have an interest in the Contract Web Site content. However, the client must allow EssAitch Web Design to deliver all SEO strategies on the Contract Web Site without interference.
The client is responsible for ensuring that the Contract Web Site is continually accessible by Internet users and accessible by EssAitch Web Design for SEO maintenance at all times.
Payment of Accounts
Web Design
A 50% deposit is required from all clients before any work is carried out. It is the EssAitch Web Design policy that any outstanding accounts for work carried out by EssAitch Web Design or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with EssAitch Web Design.
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 or EssAitch Web Design have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.
Search Engine Optimisation, PPC, SMM & other services
All Set-up fees including PPC and SEO related work are payable with order.
Monthly fees are due in advance by standing order or by agreed payment terms.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Cancellation of PPC, SEO or SMM Service(s)
Campaigns run for a rolling 1-month period, unless otherwise stated in the Contract. If the contract is to be terminated, the contract must be cancelled in writing subject to 1 months notice.
As all SEO work is dependent on Search Engine responses:
PPC and SMM Campaigns cannot be cancelled within the first 3 months.
SEO Campaigns cannot be cancelled within the first 6 months.
Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by EssAitch Web Design should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
EssAitch Web Design will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to EssAitch Web Design, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
EssAitch Web Design reserves the right to amend or update these terms and conditions at any time. Prices and terms of service are liable to change without prior notice.