Terms and Conditions
The following terms and conditions apply to all works carried out by Wheres Your website for website development, social media management and design services.
It is not necessary for any Client to have signed an acceptance of our terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Where’s Your Website Ltd who are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Where’s Your Website Ltd 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 50 percent of the project quotation total before the work will commence, with the remaining 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 bank transfer and bank details will be made available on all our invoices.
3. Client Review
Where’s Your Website Ltd 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 Where’s Your Website Ltd otherwise within ten (10) days of the date the materials are made available to the Client.
4. Production Time and Content Management
Where’s Your Website Ltd 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 Where’s Your Website Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed by Where’s Your Website Ltd.
The Client agrees to delegate a single individual as a primary contact to aid Where’s Your Website Ltd to complete the project on the agreed time.
Before and during the project, Where’s Your Website Ltd will require the Client to provide website content; text, images, movies and sound files as per the quotation and client brief.
5. Failure to provide required website content:
Where’s Your Website Ltd relies on clients ensuring that work we have programmed is carried out at the scheduled time. Time is allocated to each project and other quotes may may have been rejected to accommodate your build.
Where’s Your Website therefore ask that you provide all the required information in advance. If for whatever reason you cannot make the agreed start date, Wheres Your Website, we reserve the right to impose a surcharge of up to 25%.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Before committing to a start date we urge our clients to ensure they can meet the agreed timescales.
NOTE: A dropbox file will be issued to you to share content for your website and text content should be delivered as a Microsoft Word, note.txt or similar agreed document. The pages in the supplied document MUST represent the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. If you are unsure of this format please make sure you ask before supplying the documentation.
Invoices will be provided by Where’s Your Website Ltd upon completion and before publishing of the live website. Invoices are sent by email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid fourteen (14) days after the date of the invoice will be incur a monthly service charge of one and one-half percent (1.5%) of the total amount due.
7. Additional Expenses
Client agrees to reimburse Where’s Your Website Ltd for any additional expenses incurred to complete the project such as stock photography, special fonts or other contracted works etc.
8. Web Browsers
Where’s Your Website Ltd 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 Where’s Your Website Ltd cannot guarantee correct functionality with all browser software across different operating systems.
Where’s Your Website Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Where’s Your Website Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid fourteen (14) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Where’s Your Website Ltd Web space, Where’s Your Website Ltd will, at its discretion, remove all such material from its web space. Where’s Your Website Ltd 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.
Termination of services by the Client must be requested in a written notice giving 30 days and will be effective on receipt of such notice.
All Where’s Your Website Ltd services may be used for lawful purposes only. You agree to indemnify and hold Where’s Your Website Ltd harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Where’s Your Website Ltd 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 Where’s Your Website Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Where’s Your Website Ltd 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 Where’s Your Website Ltd 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 to the allocated Dropbox file. All photographs and graphics will be provided in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Where’s Your Website Ltd 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 Where’s Your Website Ltd 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 Where’s Your Website Ltd’s portfolio.
15. Access Requirements Self Hosting
If the Client’s website is to be installed on a third-party server, Where’s Your Website Ltd 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 and a fee will apply.
16. Post-Placement Alterations
Where’s Your Website Ltd 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
Where’s Your Website Ltd 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 Where’s Your Website Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
18. Shared hosting
WYW offer shared hosting to all sites that WYW build, shared hosting is where website accounts are pulled together and consolidated inside a centralised server. All concerned accounts share whatever system resources available within that server. Since computers are powerful nowadays, most personal and business sites can be housed together without breaching the system capabilities. Termination of hosting is in writing with 2 months notice.
19. WordPress Management Service
WYW offers a WordPress Management service to existing wordpress sites that owners are not managing themselves. Our WordPress Management Service offers support in addition to their regular hosting and backup service. For all WordPress support services the customer is responsible for the storage of their backups at all times.
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. Payment online is an acceptance of our terms and conditions.
21. Governing Law
This Agreement shall be governed by English Law.
Where’s Your Website Ltd 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. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Where’s Your Website Ltd 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.
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 the invalid.