Funky Web 77 Terms Of Business
The following constitute the terms and conditions under which Funky Web 77 trades and supplies its web design, programming and Hosting services and related products. These conditions, in conjunction with the details as shown on the Funky Web 77 Order Form (where completed) and “Funky Web 77 Terms Of Business – Hosting Terms and Conditions” represent the totality of the agreement and form the Contract between Funky Web 77 and the User.
Any agreed variation or alteration to part of these terms of business as annexed to this Contract will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the order will require to be the subject of a new order.
Funky Web 77 are entitled to suspend services if the user does not adhere to any or several conditions of this Contract.
E: firstname.lastname@example.org, W: www.funkyweb77.com
1. Funky Web 77′s Quote, Agreement Letter/Email and attachments can not be varied without the signature of a Funky Web 77 Designated Partner. The Agreement Letter with the terms form the entire agreement between Funky Web 77 and the client.
2. Funky Web 77 will require a non-refundable deposit payment from the client before any work commences. The deposit shall be 25% of the total contract value subject to a minimum of £500. Should the total contract value be below £500, the total contract is payable in advance. Client will pay all sums due to Funky Web 77 for the Account of John Scott within 14 days unless a shorter period is specified and time is of the essence in respect of payment of sums to John Scott T/A Funky Web 77 by the client.
3. Funky Web 77 reserve the right to cancel any agreement prior to cleared funds in settlement of the deposit being in their bank account.
4. Funky Web 77 may require interim payments if the contract is of such size that the project duration covers a number of months and these will be included within the agreed schedule or contract agreement letter/email. If such payments are required work on the project will cease if such payments become overdue. Any such additional payments will also be non-refundable.
5. Funky Web 77 will not be liable for any loss suffered by the client caused by the actions of any third party or for any loss suffered by the client caused by events not in Funky Web 77′s reasonable control. Save in respect of death or personal injury caused by Funky Web 77′s negligence, Funky Web 77′s liability to the client arising out of Funky Web 77′s breach of contract or negligence will be limited to the cost of the project as set out in Funky Web 77′s Agreement Letter or email.
6. Funky Web 77 shall use such images and text as are provided by the client on the assumption that the client has all necessary legal permissions to use them. If this is not the case Funky Web 77 shall in no way be liable and the client will indemnify Funky Web 77 against any claims and the costs involved in dealing with any claim.
7. If the client is unable to provide text copy in a digital format acceptable to Funky Web 77. Funky Web 77 retain the right to make charges in addition to the contract value for copywriting services. Funky Web 77 will advise the client before commissioning such services and the client shall have the opportunity to provide the text copy in a format acceptable to Funky Web 77.
8. Funky Web 77 may at their sole discretion publish draft versions of the web site or other design material to a sub section of any of their web domains in order for the client to review the project. At this stage all designs are the property of Funky Web 77 and any copying, distribution, etc. is expressly forbidden without the prior written consent of Funky Web 77, such consent to be signed by a Designated Partner of Funky Web 77.
9. A final invoice will be issued and will be due for payment within fourteen days from the date of the invoice.
10. Any custom programming/source code or programming for source code utilized in or developed for the production of or for the client shall remain the property of Funky Web 77 and may be used for other Funky Web 77 projects or sold to other parties at Funky Web 77′s discretion. Once full payment has been received and cleared through Funky Web 77 (John Scott)’s bank account the front-end project as provided in Funky Web 77′s Agreement Letter or Email will become the property of the client. The client shall have a nonexclusive non-transferable licence to use custom programming/source code or programming for source code utilized in or for such but only in respect of operation/modification or development of the web-site or other and not for any other purpose including without limitation assignment of such licence or sub-licensing. If the project is Internet based then it will be transferred to the client’s domain name and web space. If the project is of some other type then it will be handed over to the client.
11. Funky Web 77 shall not be liable for any claims made upon the client as a result of the web site or other material produced by Funky Web 77, its agents or subcontractors. The client shall not be able to make any claims on Funky Web 77.
12. If payment is not received by the due date set in Funky Web 77′s invoice(s) Funky Web 77 reserve the right to charge interest at 5% above the base rate of Barclays Bank PLC.
13. Funky Web 77 may withdraw any hosting service or published web site if payment is not received by the due date whether for website creation or hosting. Re-connection may be charged at £25.00 but may be wavered at the discresion of Funky Web 77.
14. The ongoing maintenance or updating of the web site is excluded from this agreement. If Funky Web 77 are required to maintain or update the web site then this will be covered by a supplemental rate of £25.00 per hour for any additional work required by the client. This include updates,maintenance, re-designs and additional features which may be requested after the the original website build.
15. Websites are written to function correctly and within the parameters of the host provider’s service provision.
Any website upgrade or recoding that is required due to changes or upgrades to the host provider’s services or server configurations are chargeable at our standard hourly rate of £25.00 per hour.
16. Any hypertext pages produced by Funky Web 77 will be copyrighted to the contracting company and will also include a small hyper-linked acknowledgement to Funky Web 77 at the foot of each page.
17. Funky Web 77 may actively promote or publicise any project that they produce for their own marketing or sales activities.
18. All prices/rates will be subject to nil VAT. Funky Web 77 are not vat registered and as such cannot raise VAT invoices at the current time.
19. Any reference to dates for delivery/completion are estimates only and failure by Funky Web 77 to meet any dates will not create any liability.
You shall indemnify Funky Web 77 and keep Funky Web 77 indemnified and hold Funky Web 77 harmless from and against any breach by you of these terms of business and any claim brought against Funky Web 77 by a third party resulting from the provision of websites, the website content and associated website components by Funky Web 77 to you including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by Funky Web 77 in consequences of your breach or non observance of this Agreement.
21. This agreement shall be governed by English law and the client agrees to submit to the non-exclusive jurisdiction of the courts of England and Wales.
Addendom – Important
22. Customers running more than one website or hosting facility agreement will have one account only. Failure to meet payments relating to one website or hosting account will affect the the other and vice versa, save for the customer cancelling their hosting agreement (per Website) in writing, hosting will be due on the same date each month ongoing until cancelled in writing to Funky Web 77.
23. Customers requiring access to the C/Panel of their website accept sole responsibility for doing so. By request Funky Web 77 can supply access to the control panel to allow customers to access the control panel functions. Any damage to the customers website done by the customer to the core website files, databases etc, and requireing repair or reinstalation will incur a charge of £25.00 per hour for the site repair or rebuild.