Website Design
Terms and Conditions
By placing an Order with High Forest Web Works, you confirm that you are in agreement with and are bound by the Terms and Conditions written below.
A copy of these terms and conditions can be printed for your reference by going to your web browser's toolbar and following "file > print".
Definitions
- The Client
- a company, individual or group requesting the services of High Forest Web Works
- The Company
- High Forest Web Works
- The Work
- the subject matter of the Contract between the Client and High Forest Web Works
- Order
- The request, either written or verbal, by the Client for services
- Specification
- the document which describes the essential requirements for the Work
Status and Duration of Offers
Written proposals and offers are valid for 28 days from the date of issue
Completion Date
The estimated completion date of the Work is stated in the Contract. Any alteration involving extra costs will be considered only upon a written request from the Client.
Any delay in the completion of the project due to actions or negligence of the Client, shall entitle High Forest Web Works to extend the completion or delivery date, upon notifying the Client, by the time equivalent to the period of such delay.
High Forest Web Works will not be liable for costs incurred, compensation or loss of earnings due to the failure of the Client to meet agreed deadlines.
High Forest Web Works will do their best to accommodate the Client, who due to unforeseen circumstance, requests the Work to be completed before the agreed completion date, however, additional fees maybe be incurred.
Offers and Proposals
Offers and proposals made by High Forest Web Works to potential Clients should be treated as confidential and remain the property of The Company. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorisation from High Forest Web Works. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
Nominated Individual
The Client will be expected to nominate a single individual to act as the principal contact point to liaise with High Forest Web Works. The Client agrees that this named individual's decisions are final.
The Nominated Individual can only be changed by written confirmation with The Company and with the confirmation from the first Nominated Individual.
Website Content
The Client is to supply all content, materials and information, which includes, but is not limited to, text, images, graphics, logos, photographs and links, for High Forest Web Works to complete the Work in accordance with the agreed Specification.
Wherever possible this content will be provided in an electronic format. The Company reserves the right to charge an additional cost for typing out hard copy text or scanning content or photographs for image editing.
All content, images and graphics must contain clear instructions on where they are to go on the Website.
High Forest Web Works takes no responsibility for any errors in the content of the Client's Website. It is the responsibility of the Client to make sure all content is correct before delivery.
High Forest Web Works reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal, racist, sexist, violent, obscene or any material which may constitute a criminal offence, infringes privacy or copyright, or is in any other way controversial. The decision of High Forest Web Works will be final in this regard.
Copyright
The Client is solely responsibly for obtaining the copyright for all parts of the Works, this includes but is not limited to, all images, logos, names and written content. High Forest Web Works is not responsible for vetting the content provided by the Client for breach of copyright.
Any breaches of copyright law bought to the attention of High Forest Web Works will be regarded as a breach in Contract by the Client and will result in immediate conclusion of the Contract. The Client will be responsibly for the fees agreed for the completion of the Website in full.
Web Standards
High Forest Web Works will validate all pages of the Client's new Website with the W3C (World Wide Web Consortium) standards current at the time of development, for XHTML 1.1 (Extended Hypertext Markup Language), CSS 2.0 (Cascading Style Sheet) and WCAG (Web Content Accessibility Guidelines) Level 1A.
Search Engines and Optimisation
High Forest Web Works will take care to insert metadata (meta-tags, title, keywords and description) into each document.
High Forest Web Works will also include text for "alt tags" and "title tags" on images and links.
High Forest Web Works will submit the new Website to major search engines.
High Forest Web cannot guarantee listings on Search Engines. The Client accepts that it is Search Engines and not High Forest Web Works who determine whom they list and their placement in the listings.
Access Requirements
Where the Client's Website is to be hosted on a third party server, High Forest Web Works must be provided with full access information to the host server, including, but not limited to, account name, host company, login identification and passwords. Access may be required to additional resources on the server, which may need to be configured, dependent on the requirements of the Website design. The Client is responsible for supplying this information. High Forest Web Works reserves the right to refuse to deal with third party servers.
Domain Name
High Forest Web Works will register any requested domain names on behalf of the Client, if they are available. These Domain Names will then be the property of the Client.
The Client agrees to indemnify High Forest Web Works, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party. High Forest Web Works does not accept any responsibility for registering Domain Names which infringe on the trademark of a third party.
Information about your Domain Name will be available for the general public through "Nominet" (Nominet is the Internet registry for .uk domain names). This is outside the control of High Forest Web Works. However, Clients that are using their Website for non-trading purposes may ask for their contact information not to be included in the Nominet "Whois" system. High Forest Web Works may help with this request.
High Forest Web Works will inform the Client one month before the Domain Name is due for renewal (usually two years after the original registration).
Payment for renewal of Domain names is the responsibility of the Client and must be received by High Forest Web Works 14 days before the Domain Name is due to be renewed. If this payment is not received this will result in your Website not being accessible on the Internet. This is outside the control of High Forest Web Works.
High Forest Web Works accepts no responsibility for Website downtime due to Domain Names not being renewed.
Website Hosting
High Forest Web Works will recommend a web hosting company to host the Client's Website, but no guarantees can be made as to the availability or interruption of this service by High Forest Web Works. Although High Forest Web Works will endeavour to ensure that Website downtime is kept to an absolute minimum.
High Forest Web Works will inform the Client one month before the annual fee for the Web hosting agreement is due for renewal.
High Forest Web Works will arrange the renewal of the Website hosting on request. The annual fee for Website hosting must be received by High Forest Web Works 14 days before the due date. Failure to receive this payment will result in the Client's Website being removed from the Internet. This is outside the control of High Forest Web Works. High Forest Web Works accepts no responsibility for site downtime due to Web Hosting not being renewed.
Browser Compatibility
All High Forest Web Works sites are designed to HTML 4.01 or XHTML 1.1 and CSS 2.0 standards. While these standards should make sites accessible to all standards-compliant browsers and devices, the appearance may differ on older browsers (version 4 and earlier). However, the content will always be available, regardless of the appearance.
High Forest Web Works will test your site in Internet Explorer 6, 7 and 8 and Firefox Web Browsers. These are currently the most popular web browsers. We cannot guarantee how the site will look in less commonly used browsers, older browsers or browsers or versions of browsers that come out after the site is live.
Contact Address
It is the Client's responsibility to inform High Forest Web Works of any changes in their contact details or nominated contact person. Failure to do this will result in High Forest Web Works being freed from all responsibility for maintaining the Website and informing the Client of renewal dates for Website Hosting and Domain Name renewal.
Payment of Accounts
Payment for services will be in accordance with an agreed schedule as stated in the Specification. A minimum deposit is required upon the signing of the Contract and is non-refundable.
All invoices should be paid within 14 days of issue and can be paid by cheque, postal order, bank draft or bank transfer, (details on request) made payable to "Rosemary Probert" and posted to High Forest Web Works' postal address.
Invoices can also be paid online via Paypal's secure online payment using a major credit card.
The website, graphics and any programming code remain the property of High Forest Web Works until all outstanding accounts are paid in full.
High Forest Web Works reserves the right to take the site off the web if any account is not paid within 30 days from the date of the invoice, unless by prior arrangement with High Forest Web Works. Non payment will result in legal action being taken if necessary.
All prices are exempt of VAT.
Website Maintenance
Once the Work is completed the Client is responsible for the maintenance of the Work. All additional corrections and modifications to the Website will be charged at full hourly rates or the Client can enter into a separate Maintenance agreement with High Forest Web Works.
High Forest Web Works accepts no responsibility for content added to the Website or errors caused by the addition and alteration to the Website after the completion of the Contract by the Client or a third party.
High Forest Web Works reserves the right not to enter into maintenance plans.
Intellectual Rights
High Forest Web Works reserve the right to show any and all work we do in our portfolio, either digitally or in print.
In the case of code, High Forest Web Works retain the right to reuse any code we create as we see fit. The code only creates and enhances the structure, look, and functionality of the Website. The content and graphics of the Website belong to the Client.
Design Credit
High Forest Web Works will be credited with the design of the Website at the bottom of each page of the Client's Website.
This should include additional pages added to the Website after the Website goes live containing the design of the Website created by High Forest Web Works.
High Forest Web Works may request that its company name is removed from the Website of past Clients who have maintained their Website themselves or through a third party. If this request is made the Client must remove all references to High Forest Web Works within two weeks of the request.
Duty of Care
High Forest Web Works will at all times apply reasonable skill and care in the provision of all their services.
Third Party Services
High Forest Web Works reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices if necessary.
Consequential Loss
High Forest Web Works will keep a copy of the site and design files after the Work has been completed for a total of two years from the completion of the Contract. But, the Client agrees that it is their responsibility to ensure that data on their site is regularly backed up in case of software or hardware failure at the Web Hosting servers, and a contingency plan is in place to minimise possible losses as a result of software or hardware failure. High Forest Web Works accepts no responsibility for site downtime due to software or hardware failure at the Web Hosting servers.
Approval of Work
On completion of the Work, High Forest Web Works will host the Website on High Forest Web Works' server. The Client will be notified of the completion of the Website and will have the opportunity to review the content, function and design of the Website.
The Client should notify High Forest Web Works, in writing, of any unsatisfactory points within 7 days of such notification.
Any of the Work which has not been reported in writing to High Forest Web Works as unsatisfactory within 7 days of this notification will be deemed to have been approved. Once approved, or deemed to have been approved, work cannot subsequently be rejected, and the Contract will be deemed to have been completed.
The Client is asked to confirm in writing by email or postal mail that the Work is complete and agrees that any further design alterations are chargeable.
The Website will remain at this temporary location until the balance of the fee has been paid by the Client.
Rejected Work
If the Client is unhappy with the Work and chooses to reject the Work, it is the responsibility of the Client to give written reasons for this rejection within the seven day review period. High Forest Web Works will then make any reasonable changes to the Work deemed necessary to correct the problems. On completion of this the Client will have a further seven day renewal period as detailed above.
If the Client repeatedly rejects the Work and does not or will not approve subsequent changes made by High Forest Web Works to remedy the points made by the Client as unsatisfactory, and High Forest Web Works considers that the Client is unreasonable in their repeated rejection of the Work, the contract will be deemed to have been terminated. High Forest Web Works can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
Cancellation
High Forest Web Works reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable. High Forest Web Works reserves the right to decide what they deem to be unsuitable or immoral material.
In the event of cancellation of the Contract, ownership of the Work will be retained by High Forest Web Works. High Forest Web Works has the right to invoice the Client for any part or parts of the Work already completed.
Completion of Work
High Forest Web Works will not charge more than the amount previously agreed unless the Client has varied the Specifications of the Work since the agreement. High Forest Web Works will not undertake changes to the Specifications of the Work which would increase the cost, without prior written authorisation from the Client.
Upon completion of the seven day review period, High Forest Web Works will invoice the Client for the balancing payment. The fee, in the absence of agreement to the contrary, is to be paid by the Client within 14 days of the date that the invoice was issued.
Remedies for Overdue Payment
If any payment is not received within 14 days of issue of an invoice High Forest Web Works has the right to halt any ongoing work. If furthermore the payment is not received with 21 days of the invoice any Work completed by High Forest Web Works and/or the Client's Website will be remove from the Internet until the payment is received in full. This does not alter any obligation of the Client to pay the full invoiced amount. High Forest Web Works reserves the right to take legal action against any Client who refuses to pay due monies.
It is the Client's responsibility to notify High Forest Web Works of any reason why they would not be able to able to complete payment within the terms of this Contract. High Forest Web Works will then take this into consideration but is not contracted to act other than in the terms of this agreement.
Right of Ownership
The rights of ownership of the Website are automatically released to the Client after High Forest Web Works has received full payment of all outstanding invoices.
Disclaimers
High Forest Web Works can take no responsibility for services provided by third parties through us or otherwise. This includes, but is not limited to, web hosting companies and domain name registration companies.
High Forest Web Works will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, strikes, accidents, energy failure, equipment breakdown, natural events such as fire, action of government or civil authority or other events beyond the control of High Forest Web Works.
Non-disclosure
High Forest Web Works agrees that it will not at any time during or after the term of this agreement disclose, publish or make available in any other way, any information that the Client has indicated is confidential or a trade secret, without the prior written consent of the Client. Likewise, the Client agrees that it will not convey any confidential information about High Forest Web Works to any other party, without the prior written consent of High Forest Web Works.
Survival of Contract
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Governing Law
These terms and conditions are governed by and will be subject to English Law. Any disputes shall be subject to the exclusive jurisdiction of the courts of England. The said contract is void where prohibited by law.
Change of Terms and Conditions
High Forest Web Works reserves the right to change these Terms and Conditions from time to time without notice. The Client will be informed of revisions as and when they are issued.
Note:
A copy of these terms and conditions can be printed for your reference by going to your web browser's toolbar and following "file > print".
If you have more questions or you need more help or advice, please contact us and we will endeavour to help you ~ without any obligation.
