Your Pc Solution
Website Design
TERMS AND CONDITIONS
PC Solution Web Site Design Terms & Conditions
Contract
Information |
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Company
Name |
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Contact
Name |
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Telephone
Number |
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Fax
Number |
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Address |
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E-mail
Address |
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Current
www or url (if any) |
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Hosting
Company (if any) |
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Hosting
User Name (if any) |
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Hosting
Password (if any) |
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New
Domain Name/s (if
requested) |
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Other
Choice/s (if first
choice not available) |
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Company
Name or Contact Name is to be referred to as CLIENT for the purpose of this
document.
1. Definition of Terms
PC SOLUTION
CLIENT:
___________________________________________________________
CONTRACT: This
agreement and its attachment(s) as listed below.
ATTACHMENTS:
Web Development
Process Document
Design Worksheet Inc
Payment Schedule
2. Authorization
The above named CLIENT is engaging PC SOLUTION, as an
independent contractor for the specific purpose of developing and/or improving
a World Wide Web site to be installed on the CLIENTs’ web space located on an
ISP’s computer or via the hosting service offered by PC SOLUTION.
Hosting via CLIENTs’ ISP - The CLIENT hereby authorises the
ISP to provide PC SOLUTION with any necessary “write permissions” for the CLIENTs’
web page directory, cgi-bin directory and any other directories or programs
that need to be accessed for this project. The CLIENT authorises PC SOLUTION to
publicise its completed Web site to search engines as agreed. Hosting Service
via PC SOLUTION – The CLIENT hereby authorises PC SOLUTION to set- up the appropriate
hosting account with options as detailed in the Web Package Worksheet.
3. Warranties
PC SOLUTION represents and warrants to the CLIENT that it
has the experience and ability to perform the services required by this
contract; that it will perform said services in a professional, competent and
timely manner; that it has the power to enter into and perform this contract;
and that its performance of this contract shall not infringe upon or violate
the rights of any third party or violate any UK laws. However, CLIENT will not
determine or exercise control as to general procedures or formats necessary to
have these services meet CLIENTs’ satisfaction.
The CLIENT represents and warrants to PC SOLUTION that it
will provide CLIENT materials as required in a professional, competent and
timely manner; that it has the power to enter into this Agreement on behalf of CLIENT;
and that its performance of this contract shall not infringe upon or violate
the rights of any third party or violate any UK laws.
Material to be included in the design must be provided
electronically on CD or via email. Floppy discs will NOT be accepted. Materials
will be returned to the CLIENT on completion of the site.
4. Standard Web Site
products and Web Site Hosting Services
The standard Web site development process offered by PC
SOLUTION is as defined in the Web Development Process Document.
Each project will be developed using software programs as
required by PC SOLUTION.
5. Domain Names
PC SOLUTION will act on behalf of the CLIENT when
registering a domain name. CLIENT details will be required to perform this
activity, namely: full name, address, email address, telephone and fax numbers.
If a CLIENT has a domain name and wishes to purchase a hosting package via PC
SOLUTION, the name servers for the domain may need to be changed. PC SOLUTION
will confirm arrangements with the CLIENT.
6. Fees
PC SOLUTION will execute this Web site design as specified
by the CLIENT requirements as terms of this contract and incorporated in this
contract. The total fees payable by the CLIENT are those agreed in the Web
Design Worksheet Schedule.
7. Maintenance
This contract does not include any maintenance contract. Web
page maintenance will be the responsibility of the CLIENT. Every CLIENT has the
right to alter their site content in any way, at any time and for any reason
without prior notification carrying no liability for any consequences of such
changes. Should PC SOLUTION be instructed by the CLIENT to change the site
content then such work is undertaken on the clear understanding that no
liability whatsoever relating to such changes is assigned to PC SOLUTION.
If a maintenance service agreement is entered into between PC
SOLUTION and the CLIENT, it will be contained within its own document and not
connected to this contract. However, this contract does include minor
modifications and corrections requested within the first two-week period,
including updating links and making minor changes to text. It does not include
removing nearly all text from a page or replacing it with new text. Nor does it
include any changes to images or photographs that have already been agreed as
satisfactory.
8. Payment
All services agreed to in this contract, shall be sold for
the price specified in the Web Design Worksheet. The preferred method of
payment is by cheque, but cash and payment by Paypal may be accepted. All cheques
should be made payable to: PC SOLUTION.
9. Payment Terms
A minimum deposit of 50% is required to commence work. The
site will then be put on-line in a draft directory of the CLIENTs ISP or of PC
SOLUTION for the CLIENTs viewing. During this proofing stage, typographical
errors, design changes and other corrections will be made according to CLIENT’s
instructions. A maximum of two revisions to the draft web site will be included
at no extra cost to create the look and feel that is desired. Further revisions
will be billed at the normal hourly rate of £30. The site when completed will
be moved to the appropriate hosting computer wherever that may be. Any
outstanding fees will be due within ten days of the site being deemed as ‘live’
and on-line. Adding of
In order for PC SOLUTION to remain in business, payments
must be made promptly. Invoices are due upon receipt. If all outstanding fees
are not received within ten days of the site going ‘live’, PC SOLUTION retain
the right to remove the website from the live environment. The site will remain
off-line until all fees are received. All payments must be made in sterling –
10. Completion Date
PC SOLUTION and the CLIENT must work together to complete
the web site in a timely manner. Much of this depends on receiving the
appropriate text and images from the CLIENT. We agree to work expeditiously to
complete the web site in a professional and timely fashion.
11. Assignment of
Project & Third Parties
PC SOLUTION reserves the right to assign subcontractors to
the project to ensure the right fit for the job as well as on-time completion. PC
SOLUTION will be responsible for the final results of the project.
12. Additional
Expenses
CLIENT agrees to reimburse PC SOLUTION for any additional
expenses necessary for the completion of the work. Examples would be purchase
of special fonts, stock photography etc.
13. Additional
Services
Any revisions, additions or redesign CLIENT wishes PC
SOLUTION to perform not specified in this document shall be deemed “additional”
and will require a separate Agreement and payment.
14. Computer Viruses,
Email Spam and Spyware
PC SOLUTION cannot be held responsible for any Spam, Viruses
or Spyware that enter the CLIENTs email account or computer. PC SOLUTION
recommends that all CLIENTs use approved Anti-virus and firewall software.
Email scanning services can be purchased if required via PC SOLUTION.
15. Copyrights &
Trademarks
The CLIENT represents to PC SOLUTION and unconditionally
guarantees that any elements of text, graphics, photos, designs, trademarks, or
other artwork furnished to PC SOLUTION for inclusion in Web pages are owned by
the CLIENT, or that the CLIENT has permission from the rightful owner to use
each of these elements and will hold harmless, protect, and defend PC SOLUTION
and its subcontractors from any claim or suit arising from the use of such
elements furnished by the CLIENT.
16. Age
The CLIENT certifies that he or she is at least 18 years of
age.
17. Limited Liability
The CLIENT agrees that any material submitted for
publication will not contain anything leading to an abusive or unethical use of
the Web Hosting Service or Host Server. Abusive and unethical materials and
uses include, but are not limited to, pornography, obscenity, nudity, violations
of privacy, computer viruses, software warez, terrorism, any harassing and
harmful material or uses, any illegal activity, or material advocating illegal
activity and any infringement of privacy or libel.
PC SOLUTION will not host sites that include any of the
above. Any sites hosted by PC SOLUTION that are found to contain any of the
content listed above will be taken off-line with immediate effect.
18. Indemnification
The CLIENT agrees that it shall defend, indemnify and hold PC
SOLUTION harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable Lawyers fees, (“Liabilities”) asserted against PC
SOLUTION, its CLIENTs and employees that may arise or result from any service
provided or performed or agreed to be performed or any product sold by the CLIENT,
its agents, employee, or assigns.
This includes the following scenarios –
- Failure
of computer systems or networks infected with viruses, malware or spyware.
- Copyright
violation – any breach of.
- Any
legal dispute with overdue payments.
- Use
of personal information required to register a domain name.
- Website
being offline due to host server technical problems.
The CLIENT agrees to defend, indemnify and hold harmless PC
SOLUTION against liabilities arising out of any injury to person or property
caused by any products or services sold or otherwise distributed in connection
with PC SOLUTION‘s service, any material supplied by CLIENT infringing on the
proprietary rights of a third party, copyright infringement, and any defective
product which the CLIENT has sold from the web site PC SOLUTION has designed.
19. Copyright to Web
Pages
Copyright to the finished web design will be owned by PC
SOLUTION. The CLIENT will become the owner of the website once final payment
has been received. PC SOLUTION and its subcontractors retain the right to
display graphics and other web design elements as examples of their work in
their respective portfolios (on and off-line).
20. Authorship Credit
The CLIENT agrees that all web design projects will contain
a Hyperlink/Logo to the design company
from each webpage. Example – Web Design by PC SOLUTION.
21. Laws affecting
Electronic Commerce
The CLIENT agrees that the CLIENT is solely responsible for
complying with such laws, taxes, and tariffs, and will hold harmless, protect
and defend PC SOLUTION and its subcontractors from any claim, suit, penalty,
tax or tariff arising from the CLIENT’s use of Internet electronic commerce.
22. Non-Disclosure
PC SOLUTION and all subcontractors agree that, except as
directed by the CLIENT, it will not at any time during or after the term of
this contract disclose any Confidential Information to any person whatsoever.
23. Cancellation
In the event that work is postponed or cancelled at the
request of the CLIENT by registered letter, PC SOLUTION shall have the right to
invoice pro rata for work completed through the date of that request while
reserving all rights under this contract. If additional payment is due, this
shall be payable within thirty days of the CLIENTs notification to stop work.
In the event of any cancellation, PC SOLUTION will own all rights to the work.
The CLIENT shall assume responsibility for all collection of legal fees
necessitated by default in payment.
24. Refund Policy
If the CLIENT applies by registered letter for a refund
within fifteen (15) days of signing this contract, work already completed shall
be invoiced at the hourly rate of £30 per hour and deducted from the deposit.
If the work that has been completed is beyond the amount covered in the
deposit, the CLIENT shall be liable to pay for all work completed at the hourly
rate of £30.
25. General Terms
& Conditions
PC SOLUTION reserves the right to revise its terms,
conditions and any charges at any time and without prior notice.
26. Entire
Understanding
This contract constitutes the sole agreement between PC
SOLUTION and the CLIENT regarding its web design service. It becomes effective
only when signed by both parties. The undersigned agrees to the terms of this
contract on behalf of his or her organisation or business.
Sign and Date.
On behalf
of the CLIENT:
_________________________________________ Date: ___________________________
On behalf of PC SOLUTION:
_________________________________________ Date: ___________________________