The following terms and conditions apply to all website development / design, consultancy services provided by Webforu to the Client.
1. Acceptance
Please read these terms and conditions carefully. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, purchases or uses our services, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
2. Charges
Charges for services to be provided by Webforu are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Webforu reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cash, bank transfer, credit/ debit card and PayPal (for credit/ debit card and PayPal payments a 3% surcharge applies). Bank details will be made available on invoices.
3. Client Review
Webforu will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Webforu otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Webforu will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Webforu receiving initial payment, unless a delay is specifically requested by the Client and agreed by Webforu.
In return, the Client agrees to delegate a single individual as a primary contact to aid Webforu with progressing the commission in a satisfactory and expedient manner.
During the project, Webforu will require the Client to provide website content; text, images, movies and sound files.
5. Failure to provide required website content
Webforu is a small business and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance if possible. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result following will apply:
Delayed, Suspended, or Abandoned Projects
Projects can sometimes stall as we wait on content, information, feedback, approvals, etc., that we have requested from clients. While waiting for your response, we will typically begin to work on other projects to use our time efficiently.
A project is considered delayed if our request for assets, information, feedback, approvals, etc., goes without sufficient response for more than five (5) business days.
When a project is delayed, we may remove it from our active project queue and place it at the back of the line. Work will resume on a delayed project when we have received what was asked for, and our queue of work will allow us to focus on your project again.
A project is considered suspended if your response to our request for assets, information, feedback, approvals, etc., is delayed for more than 30 days without a reasonable cause as determined by us.
When a project is suspended, an invoice for the remaining balance will be sent and considered due upon receipt.
ONCE A PROJECT IS CONSIDERED SUSPENDED, IT IS THE SOLE RESPONSIBILITY OF THE CLIENT TO REACTIVATE THE PROJECT BY (1) SUPPLYING ALL ITEMS NECESSARY TO COMPLETE THE PROJECT AND (2) PAYING THE BALANCE OF THE PROJECT IN FULL AND PAYING A REACTIVATION FEE EQUAL TO 10% OF THE PROJECT TOTAL. IF THE PROJECT IS ALREADY PAID IN FULL, THE 10% REACTIVATION FEE STILL APPLIES.
After a project is considered suspended, we will only perform additional work once the project has been reactivated, as explained above.
A project is considered abandoned if your response to our request for assets, information, feedback, approvals, etc., is delayed for more than 60 days without a reasonable cause, as determined by us.
WHEN A PROJECT IS ABANDONED, THE FULL AMOUNT DUE IS STILL OWED.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Images should be supplied separately in high resolution. Contact us if you need clarification on this.
6. Payment
Invoices will be provided by Webforu upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £75 per month of the total amount due.
7. Additional Expenses
Client agrees to reimburse Webforu for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. Any additional expenses shall be pre-approved by the Client before being incurred.
8. Web Browsers
Webforu makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Webforu cannot guarantee correct functionality with all browser software across different operating systems.
Webforu cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Webforu reserves the right to quote for any additional work involved in changing the website design or website code for it to work with updated browser software.
9. Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Webforu’s Web space, Webforu will, at its discretion, remove all such material from its web space. Webforu is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Webforu reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Webforu in enforcing these Terms and Conditions.
10. Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
11. Indemnity
All Webforu services may be used for lawful purposes only. You agree to indemnify and hold Webforu harmless from any claims resulting from your use of our service that damages you or any other party.
12. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Webforu the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Webforu permission and rights for use of the same and agrees to indemnify and hold harmless Webforu from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Webforu that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on cloud or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Webforu to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to Webforu will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Webforu’s portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, Webforu must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
Webforu cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
Webforu may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Webforu. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
18. Hosting
Hosting is an annual charge which must be paid in advance for the whole year.
It is the Client’s responsibility to renew the hosting on time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.
All renewals must be paid a minimum of seven working days prior to the expiry date. Webforu will not be responsible for issues relating to delayed payment.
Hosting is provided on cloud-based servers which are hosted via third party providers. Webforu ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situations arises.
The Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other Client accounts hosted, or the external systems of visitors viewing the hosted content.
In the case of a malware attack, Webforu reserves the right to delete files on the hosting service without giving any prior notice.
Cancellation/Termination
Hosting Cancellation requests must be sent in writing or by email one month (30 days) prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.
If the hosting is not paid and renewed before the expiry date, then we reserve the right to disable the hosting and all associated services including emails and DNS records. Additional charges will be applicable (200GBP) to re-enable the hosting. Webforu will not be responsible for any loss of data, files, emails, backups, restoration costs etc.
If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the Client.
Emails
All emails are to be downloaded on the Client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.
Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken, and the required files and data will be deleted without any prior notice.
Webforu offer packages in co-ordination with third party providers. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
19. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
20. Social Media Management
Social Media Marketing and Management is defined as helping a Client to promote their products or services through social media channels. Webforu will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
21. Governing Law
This Agreement shall be governed by English Law.
22. Liability
Webforu hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to Clients’ artwork/photos, supplied for the site, regardless whether the loss or damage results from negligence or otherwise.
The entire liability of Webforu to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
23. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying.
Please note that Webforu reserves the right to change the terms and conditions without notice.
