Please read these Terms and Conditions. They are intended to avoid misunderstandings, and provide clarification in the unlikely event of a dispute. If you hire NECSES Webdesign to design a website for you, you confirm that you have read and agree to them.
The Client : The company or individual requesting the services of NECSES Webdesign.
NECSES Webdesign: Primary designer/site owner & employees or affiliates.
General
NECSES Webdesign will carry out work only where an agreement is provided either by email, telephone, mail or fax. NECSES Webdesign will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between NECSES Webdesign and the client, this includes telephone and email agreements.
Website Design
The website design process includes attending an initial briefing (if deemed necessary by both parties), drawing and submission of the first artwork draft, discussion, evaluation and integration of up to two sets of revisions, submission of final draft.
Once approval has been received on the artwork the design will then be converted to HTML. The client will then evaluate and make known any amendments to be made. Please note; Any subsequent changes to the website design will be charged in agreement with NECSES Webdesign and the Client and added to the final invoice for payment.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, NECSES Webdesign cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of NECSES Webdesign until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by NECSES Webdesign remain the copyright of NECSES Webdesign and may only be commercially reproduced or resold with the permission of NECSES Webdesign.
NECSES Webdesign 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 briefs provided will be carried out at the discretion of NECSES Webdesign and where no charge is made by NECSES Webdesign for such additions, NECSES Webdesign accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to NECSES Webdesign all materials required to complete the site to the agreed standard and within the set deadline.
NECSES Webdesign will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
NECSES Webdesign 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.
NECSES Webdesign 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.
NECSES Webdesign 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.
A non-refundable deposit of 40% is required with any standard project and 50% for database driven projects before any design work will be carried out. This figure may be higher for websites of an adult nature and is non-refundable.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.
Database, Application and E-Commerce Development
NECSES Webdesign cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by NECSES Webdesign remain the copyright of NECSES Webdesign and may only be commercially reproduced or resold with the permission of NECSES Webdesign.
Where applications or sites are developed on servers not recommended by NECSES Webdesign, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by NECSES Webdesign before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, NECSES Webdesign will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Compatibility
NECSES Webdesign will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. NECSES Webdesign can offer no guarantees of correct function with all browser software.
Website Hosting
Whilst NECSES Webdesign recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by NECSES Webdesign 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.
NECSES Webdesign reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
Website Optimization
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
We use ‘white hat techniques’ when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
NECSES Webdesign reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the NECSES Webdesign policy that any outstanding accounts for work carried out by NECSES Webdesign or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with NECSES Webdesign.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
Any payment returned by the bank will incur a £25 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
NECSES Webdesign reserves the right to alter prices at any time without notice. If a client has commissioned any services from NECSES Webdesign prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
If accounts are not settled or NECSES Webdesign have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by NECSES Webdesign should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
NECSES Webdesign will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to NECSES Webdesign, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
