OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal or if paying in installments the payment of the agreed first installment is due immediately upon your agreement to proceed with the website design and development work as detailed in the supplied quote and/or invoice. 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 or first installment has been paid in full.
The 50% deposit or paid installments are only refundable if we have not fulfilled our obligations to deliver the work required under the statement of works agreement. The deposit or any paid installments are not refundable if the development work has been started and you terminate the contract through no fault of ours.
2. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification dates. 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, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Once the design has been signed off, and we commence the website development phase, only minimal changes can be accepted without additional charges. We code all our sites for responsive design and for multiple browsers which means even the small design changes, can be significant coding hours.
Any major deviation from the specification will be charged at the rate of £70.00+VAT per hour.
4. AGREED SCOPE, PERIOD, PRICE, PROJECT DELAYS AND CLIENT LIABILITY
Any projects, services and rates supplied are limited to what is specifically set forth in the proposal and based on a set number of hours. Any additional services will require an agreed quote on additional hours. We reserve the right to adjust our hourly rates at any time.
Changes and additions outside the scope of the proposal will be quoted and invoiced. You will be advised on all costs, changes and additions before commencement of the additional work. Expenses are itemised on each invoice.
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
5. 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 48 hours of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 48 hours 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.
The only exception to the above is if the delays are a result of injury or illness.
6. REJECTED WORK
If you reject any of our work within the 48 hour 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.
7. ACCEPTANCE OF WEBSITE
Once the project has been completed we will notify you either in writing, and provide you with an opportunity to access the website if CMS access was granted. If you determine that the website does not comply with the Project Components agreed to in the proposal Featherstone Advertising) agrees to;
a) Perform the corrections of errors free of charge
b) Carry out simple aesthetic changes, modifications to meet the client’s demands. These changes do not include development of new function into the website.
Any significant changes will require additional funding to complete the requirements.
Upon completion of the 48 hour review period, we will invoice you for the 50% balance of the project. Any agreed installments must be paid within 48 hours of the due date. Featherstone Advertising reserve the right to apply late fees as deemed appropriate.
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 trademarks, 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.
10. 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. If we undertake advanced search services we will set you up with a Google page which we will make you a manager of, and we will provide reporting to show the optimisation work that has been completed.
11. 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. We are not liable for any loss to a website and/or date, caused by hacking or malicious software. We are within our rights to charge at least the hourly rate for any time spent recovering a website and associated files after damage caused by hackers, or third party companies associated with us.
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 Iain Davies (t/a Featherstone Advertising) 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.
We build most of our websites with our current retained staff. We do however reserve the right to subcontract any services that we have agreed to perform for you as we see fit. We will not share any confidential data or logins with subcontractors aside from the website login.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
15. 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.
You are responsible for maintaining your own backups with respect to your website (unless you have purchased an ongoing maintenance plan) 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 are hosting your website with Featherstone Advertising, we or a third party will undertake backups of your website as stated within our hosting plans. Should you want a full copy of this backup, we can supply at an additional cost, a zip file of all contents.
17. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
You will have full ownership of your domain and you will be free to move your domain name from us. Failure to pay your domain renewal, will result in the cancellation of your domain name.
If you no longer require Featherstone Advertising’s services for hosting, you can request a download/zip file of your website contents at an additional cost. If you no longer wish to continue your web hosting or domain name registration with us, we must receive your written request to cancel this within 30 days of the renewal date. In most cases, automatic renewals will be in place to avoid a drop in website or email services.
18. 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 UK. You and Iain Davies (t/a Featherstone Advertising) submit to the non-exclusive jurisdiction of the courts in and of the UK in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
19. CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Wordpress”, 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.
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 Iain Davies (t/a Featherstone Advertising) and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
You authorise Iain Davies (t/a Featherstone Advertising) to perform services which may include, but is not limited to, accessing your domain control panels, email hosting, DNS, hosting account and disk space, creating databases and applications, and submitting the project to search engines.
You have ownership of the website supplied by Iain Davies (t/a Featherstone Advertising) once it is fully paid. Iain Davies (t/a Featherstone Advertising) will at all times be and remain the sole and exclusive owner of any custom web development or software created in any format used or made part of the website which is not provided by you or a third party (open source). 3rd Party software such as plugins remain the property of Iain Davies (t/a Featherstone Advertising), and may not be transferred without approval from Iain Davies (t/a Featherstone Advertising). Except as expressly authorised by Iain Davies (t/a Featherstone Advertising), you will not copy, modify, distribute or transfer (by any means), display, sublicense, rent, reverse engineer, decompile or disassemble Iain Davies (t/a Featherstone Advertising)’s properties.
We reserve the right to add interest to any outstanding monies which are not paid within the payment terms specified on the estimate or invoice.