Website Design Terms & Conditions
By placing an order with Pearlwater Website Design, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client/You: The company or individual requesting the services of Pearlwater Website Design.
Pearlwater Website Design/We: Website designer.
Website Service Provider: A third party company providing website software, hosting services and usually, domain name registration and email facilities.
We will carry out work only where a written order has been placed either by email, mail or submission of the on-line order form. Following receipt of an order we will contact you with a firm price, which you will be required to accept in writing by email or mail. A 'priced order', once accepted by both parties, is deemed to be a contract between Pearlwater Website Design and the client.
Whilst every endeavour will be made to ensure that the website and any scripts or programmes are free of errors, Pearlwater Website Design cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
The website remains the property of Pearlwater Website Design until all outstanding accounts are paid in full.
Pearlwater Website 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 the brief will be carried out at the discretion of Pearlwater Website Design and only where any addition to the charges, if applicable, are agreed with the client in advance.
The client agrees to make available as soon as is reasonably possible to Pearlwater Website Design all materials required to complete the site to the agreed standard and within any agreed timescale.
Pearlwater Website Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed timescales.
Pearlwater Website 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.
Pearlwater Website 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.
Pearlwater Website 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.
Pearlwater Website Design reserves the right to refuse orders not deemed to be suitable or appropriate for our services. This being at our entire discretion.
Pearlwater Website Design will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6. Pearlwater Website Design can offer no guarantees of correct function with all browser software.
Whilst Pearlwater Website Design arranges hosting of fully managed packages on behalf of the client; no guarantees can be made as to the availability or interruption of this service. Pearlwater Website 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.
Hosting of “Build and Go” packages is by the Website Service Provider agreed with the client and Pearlwater Website Design cannot be held responsible for any services provided by the Website Service Provider. The Client will be responsible for entering into an agreement with the Website Service Provider. Pearlwater Website Design’s sole involvement will be to create and populate the initial website, thereafter the site will be handed over to the client.
We usually only register .co.uk domain names although others are available on request. The domain name registration period for .co.uk domains runs for two years from the date of registration. After this time period has lapsed, the domain name registration will be renewed upon receipt of payment of renewal fees. The current cost of renewal is £12. A reminder requesting payment for domain name renewal will be sent approximately 4 weeks prior to the renewal date, it is advisable that payment is made at least 2 weeks prior to the actual renewal date to ensure that domain renewal is a smooth & seamless process. Failure to make renewal payment on time may mean that the domain name registration is not renewed.
Other charges and renewal periods apply to other types of domain name.
All domains that we register are registered by us on your behalf in your name, and are administered by Pearlwater Website Design. Until we receive confirmation of registration we cannot guarantee that the domain name requested will be available for registration. By requesting us to register a domain name the client is responsible for ensuring that its use, and the way in which it is used (directly or indirectly), does not infringe the legal rights of any third party.
In the case of a managed website, email facilities will be provided as part of the hosting service. We will issue the client with a username and password for accessing the email account via webmail. On request, we can arrange for email to be diverted to another email address of your choice or can supply the information necessary for you to access the email via a program (e.g. Outlook or Outlook Express) on your computer.
Payment of Accounts
A deposit of £25 is required for any standard project before any design work will be carried out. This amount is refundable after the Home Page mock-up is produced if the client decides not to proceed provided a domain name has not been purchased. It will not be refundable if the client cancels the order at a later stage or after a domain name has been purchased.
Once a website has been designed and completed the final balance of payment is due before the website is uploaded “live” to the Internet. In the case of a fully managed package, the first month’s management fee becomes due on the date the site goes “live” and monthly thereafter. Alternatively clients may pay annually in advance.
Failure to pay a regular maintenance instalment will result in the website being removed from the server.
Copyright, Trademarks, and Company Names, etc
We will usually place a copyright statement at the bottom of each webpage. To avoid any confusion, you the client are the publisher of the website and own the copyright for all content published in your website, and we the designer are acting on your instructions in adding content to your website.
By asking us to add material into your website you acknowledge that you have copyright of that material, or permission to use the material.
It is the client’s responsibility to fully research their company name, and any content, logos, or trademarks, etc., used in the website.
The client also agrees as part of our terms and conditions to absolve & indemnify Pearlwater Website Design of any liability in the use of any such content in the clients website, and to assume full responsibility for any violations and legal actions which may arise at any time in the future.
Advertising and links
We may, but only with your agreement, place some Google adword ads on your site. However, we reserve the right to place a discreet link to Pearlwater Website Design in the footer of your site.
We may also place a screen shot, site description and hyperlink to your site on our own website as an example of our work. This can have positive benefits for your website since it increases the link pattern which can improve recognition and rankings.
Limit of liability
The content of your website is your responsibility and Pearlwater Website Design is not liable for any claims made against you arising from the content of your website.
Transferring (or cancelling) your webhosting
You may cancel your webhosting contract, or transfer to a different hosting supplier at any time, provided you give one calendar month’s notice. Pearlwater Website Design reserves the right not to renew, or to terminate, hosting at our discretion giving no less than 1 calendar month’s notice.
Changes to this agreement.
Pearlwater Website Design reserves the right to update or make changes to this agreement at any time. You will be notified if any of those changes are material to your agreement with us.
Last updated: 6th March 2012.