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Webbed Feet UK, Web Site Design

 

Terms & Conditions

Terms & Conditions

By signing a proposal or authorising Webbed Feet UK to start work on a project, you confirm that you are in agreement with and bound by the terms and conditions below:

0. Definitions

0.0 'You', 'The Client' or 'Our Client': Any company, individual, partnership, organisation or body requesting the services of Webbed Feet UK
0.1 'Us', 'We', 'Our' or 'Webbed Feet UK': Webbed Feet UK, a partnership between Aaron Whiffin and Alex Hopson registered at 'Millbrook', Marshmead Close, Salisbury, UK. SP5 3DD.
0.2 'Agent': A company, individual, partnership, organisation or body offering products or services to, or working for, either Webbed Feet UK or the client.
0.3 'Web Site', 'Web Page', 'Web Sites' or 'Web Pages': A document or file, or collection or documents or files, stored on computer(s) accessed via the Internet.
0.4 'Work': Any web sites, scripts, programs, code, documents, images, deliverables, or time spent on a project for a client, including but not limited to, help, advice and training.
0.5 'Project': A collection of work and/or web sites for a single client, authorised by a single agreement between Webbed Feet UK and the client.
0.6 'Live': A web site or web page is considered live when it is available to the general public on the Internet.
0.7 'Agreement': The verbal or written contract between Webbed Feet UK and the client to which these terms and conditions will apply.
0.8 'Webbed Shop': A web site written by Webbed Feet UK and marketed as a separate product, an online shopping system.
0.9 'Paid': An invoice or balance is considered to be paid when the funds are cleared in our bank account, in full.
0.10 'Criminal Activity': Any act that is prohibited by law, including, but not limited to, 'hacking' where an unauthorised person breaks into a computer or network system.

1. General

1.0 We will carry out work only when an agreement is provided either in person, or by telephone, email or fax, or a current signed proposal is returned.
1.1 An 'order' is deemed to be a written or verbal contract between Webbed Feet UK and the client. This includes telephone and email correspondence.

2. Web Site Design

2.0 Whilst we will endeavour to ensure that all of our work is free from errors, we cannot accept any responsibility for any losses due to errors, malfunction or criminal activity in full, or part.
2.1 We will not be liable for costs incurred, compensation, or loss of earnings due to the failure to meet agreed deadlines.
2.2 We will not be liable for costs incurred, compensation, or loss of earnings due to the work carried out on behalf of the client, or any of the client's appointed agents.
2.3 We cannot take responsibility for any losses incurred by the use of any software or web sites created for the client, or recommended to the client.
2.4 We cannot take responsibility for any losses or damage to any individual, business or computer system, resulting from our work.
2.5 We cannot take responsibility for costs incurred, compensation, or loss of earnings due to the unavailability of a web site or any material provided by our agents.
2.6 The client is expected to fully test all the work, including web sites, produced by us, before it is made live to the general public. Where 'bugs', errors, or other issues are found after the site is live, we will endeavour, but are not obliged to, correct these issues to meet the standards of function as outlined in the original agreement.
2.7 We will endeavour to ensure that all of our web sites function correctly on the computer to which they are installed and, where applicable, through the latest formal release of the Microsoft Internet Explorer and Mozilla Firefox web browsers running on Microsoft Windows on a 1024x768 resolution display unit. However we cannot offer a guarantee that our web sites will function on every operating system, every web browser, nor at every resolution. Similarly we cannot guarantee that our web sites will adhere to industry standards.
2.8 Any additions to the original agreement will be carried out at the discretion of Webbed Feet UK and may incur a charge. Where no charge is made by us for such additions, we cannot accept any responsibility to ensure such additions are error free and reserve the right to charge for any corrections to these further additions.
2.9 Unless otherwise stated, all of our proposals are valid and current for a period of 21 days from the day of writing, after which the client will need to request another from us before entering into an agreement.
2.10 Any design restraints or required content for a web site, or other work, must be provided by the client before we commence a project. If the client provides this information after the project has commenced, we reserve the right to charge an additional fee.
2.11 During a project the client may be requested to confirm any work to date. We reserve the right to charge an additional fee if the client makes a request at a later date that results in us reproducing the work that was confirmed previously.
2.12 We reserve the right to add a small hyperlink at the bottom of every web page linking to one of our web sites. A typical example would be "Webbed Feet UK, Web Site Design" linking to www.wfuk.com. We reserve the right to charge an additional fee should this be removed either by us, our client, or a third party, either during the construction of the web site, or at any time afterwards. Please ask for written details.
2.13 Webbed Feet UK will not be liable or become involved in any dispute between our client and their clients and cannot be held responsible for any wrongdoing on the part of our client.
2.14 Unless otherwise specified all proposals and agreements exclude any maintenance and/or support.
2.15 In our agreements and proposals we refer to 'static pages'. We consider a static page to be a single HTML page with no more than three images and two-thousand words. Unless otherwise stated, static pages do not have animations, scripting, database integration, content management, special hosting requirements or mail forms.
2.16 We reserve the right to remove or reject to handle in any way, material that we consider may be deemed offensive, illegal or controversial in anyway. We also reserve the right to terminate any accounts hosting such material without prior notice.
2.17 Any agreement or proposal between the client and Webbed Feet UK cannot be transferred to another individual, partnership, organisation or body without prior written permission from Webbed Feet UK. In addition, the client cannot transfer the proposal to another address without prior written permission from Webbed Feet UK.
2.18 Unless otherwise specified, all meetings between the client and Webbed Feet UK are to be at the address agreed on the proposal or agreement or proposal and can only be relocated at our discretion.

3. Project Completion

3.0 A project will be considered complete when we believe that we have completed all work as detailed on the original agreement or proposal between Webbed Feet UK and the client.
3.1 We reserve the right to consider a project complete if we do not receive any communication from the client for an extended period of time, or if the client fails to provide us with information or materials required.
3.2 The client agrees to make available to Webbed Feet UK, as soon as is reasonably possible, all information and materials required to complete the work as specified on the agreement. Any delay in such information and materials may result in a delay of project completion.

4. Copyright

4.0 The web site and any other work remains the property of Webbed Feet UK until paid for in full.
4.1 Unless specified otherwise, any scripts or code written by Webbed Feet UK remain the copyright of Webbed Feet UK and may only be commercially reproduced or resold with the permission of Webbed Feet UK.
4.2 We cannot be held responsible for any copyright or trademark infringements caused by materials submitted by the client or the client's agent. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permissions to use such material.

5. Hosting, Domain Names & Suppliers

5.0 Webbed Feet UK retains full ownership of any domain names or web hosting purchased on behalf of our client until paid for in full.
5.1 Whilst Webbed Feet UK recommends companies to host web sites, no guarantee can be made as to the availability or interruption of this service by Webbed Feet UK. Webbed Feet UK cannot accept liability for losses caused by any unavailability, malfunction, criminal activity, or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
5.2 Webbed Feet UK offers no guarantee to any product or service offered by any of our recommended suppliers. Nor can we offer a guarantee as to the price of such products and services which are subject to change without prior notice.
5.3 No guarantee can be made as to the availability or interruption of any documents or web sites hosted by Webbed Feet UK. We cannot accept liability for losses caused by any unavailability, malfunction, criminal activity or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
5.4 If the clients recommends a third party's products and/or services it is the client's responsibility to seek and provide us with any information, additional software, access codes, support or co-operation, ensuring that the third party's product and/or service is compatible with our web sites. In such cases we can offer no guarantee as to the compatibility of the third party's product and/or service with our web sites.
5.5 Although we endeavour to provide accurate forecasts for costs involved in a project. Webbed Feet UK can offer no guarantee that any supplier will not have additional costs, nor that every supplier required has been detailed in our agreements or proposals.

6. Payment & Timescales

6.0 Unless otherwise specified, a non-refundable 30% deposit must be paid before we commence a project.
6.1 Webbed Feet UK will send the client an invoice upon completion of a project. If Webbed Feet UK have to complete the project early, and have not completed all tasks within the original agreement, we will send the client an invoice on work finished pro-rata at our discretion.
6.2 Unless a prior arrangement has been made, once we have started work on a project the client is obliged to pay the full and final balance as per the original agreement. If the client wishes us to stop work on a project we will do so, but the client will still be expected to pay the full and final balance without exception.
6.3 The client agrees to pay Webbed Feet UK for all invoices, in full, no later than 21 days from date of invoice unless by prior written agreement with Webbed Feet UK.
6.4 If invoices are not settled, in full, within the aforementioned time period, we reserve the right to invoice the client a 10% penalty charge, followed by a further 10% (cumulative) for each calendar month that that balance is unsettled.
6.5 If invoices are not settled, in full, within the aforementioned time period, we reserve the right to deny access to and/or disable, remove, or redirect our web sites, or any other of our work for this client, until the invoice is settled, in full. We cannot take responsibility for costs incurred, compensation, or loss of earnings due to the unavailability of a web site under these circumstances. As the work has been completed, the client will still be obliged to settle all outstanding invoices, even if their web site is not live.
6.6 If an invoice is not settled, in full, within the aforementioned time period, we will pursue legal action at our discretion.
6.7 All timescales provided by Webbed Feet UK should be used as guidelines only, and we cannot take responsibility for costs incurred, compensation, or loss of earnings due to the delayed completion date of a project.
6.8 If the client's financial circumstances change, and the client believes either that they may have a problem settling any outstanding invoices to the agreed terms, or that they may experience difficulty settling invoices to the agreed terms for a project that is not yet complete, they must contact Webbed Feet UK immediately by writing to: Webbed Feet UK, 'Millbrook', Marshmead Close, Clarendon, Salisbury, UK. SP5 3DD with a signature requested. We will then review this and may, but are not obliged to, offer an alternative payment schedule at our discretion.
6.9 Webbed Feet UK are not VAT registered.

7. Complaints

7.0 If the client experiences a problem with our work, they should first raise the matter in writing to: Webbed Feet UK, 'Millbrook', Marshmead Close, Clarendon, Salisbury, UK. SP5 3DD, or for a quicker response, by email to complaints@webbedfeetuk.com We will then contact the client with a view to resolving this complaint at our discretion.
7.1 Any formal complaint should be sent to: Webbed Feet UK, 'Millbrook', Marshmead Close, Clarendon, Salisbury, UK. SP5 3DD with a signature requested. We shall then acknowledge receipt of such complaint usually within 5 working days from receipt of complaint, and usually formulate a reply within 21 working days from receipt of complaint.
7.2 Any correspondence should give sufficient information to locate the material or error, the grounds for complaint, the actions that you wish us to take, and the client's contact details.
7.3 Unless agreed in writing by Webbed Feet UK, the client is expected to settle all outstanding invoices in full whilst the complaint is being processed by Webbed Feet UK. Any refund and/or compensation will then be issued at a later date at our discretion.

8. Amendments

8.0 Webbed Feet UK reserve the right to amend these terms & conditions, in full or part, without prior notice.
8.1 The current terms & conditions can be obtained by visiting www.webbedfeetuk.com/tandc/ or by writing to: Webbed Feet UK, 'Millbrook', Marshmead Close, Clarendon, Salisbury, UK. SP5 3DD.



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