Website Design Terms & Conditions
By placing an order with The Web Guy, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions:
The Client: The company or individual requesting the services of The Web Guy.
The Web Guy: Primary designer/site owner & employees or affiliates.
General
The Web Guy will carry out work only where an agreement is provided either by email, telephone, mail or fax. The Web Guy 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 The Web Guy and the client, this includes telephone and email agreements.
Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, The Web Guy 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 The Web Guy until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by The Web Guy remain the copyright of The Web Guy and may only be commercially reproduced or resold with the permission of The Web Guy.
The Web Guy 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 the brief will be carried out at the discretion of The Web Guy and where no charge is made by The Web Guy for such additions, The Web Guy 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 The Web Guy all materials required to complete the site to the agreed standard and within the set deadline.
The Web Guy will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
The Web Guy 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.
The Web Guy 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.
The Web Guy 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 part payment of 40% is required with any project before any design work will be carried out. This figure may be higher for new businesses.
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 part payment they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
The Web Guy 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, cgi applications or software (unless specifically agreed) written by The Web Guy remain the copyright of The Web Guy and may only be commercially reproduced or resold with the permission of The Web Guy.
The client is expected to test fully any application or programming relating to a site developed by The Web Guy before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, The Web Guy will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Compatibility
The Web Guy will endeavor 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. The Web Guy can offer no guarantees of correct function with all browser software.
Website Hosting
Whilst The Web Guy can recommend hosting companies to host websites, no guarantees can be made as to the availability or interruption of those services by The Web Guy. The Web Guy 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.
Therefore all sites delevoped by The Web Guy are hosted on our server, located in the DEG data centre located in Dublin, Ireland. If you already have a domain name and hosting we can transfer them to our server and host for you.
The Web Guy 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 free hosting service should the necessity arise.
Payment of Accounts
A part payment is required from any new client before any work is carried out. It is The Web Guy policy that any outstanding accounts for work carried out by The Web Guy or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with The Web Guy.
Once a part payment 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.
If accounts are not settled or The Web Guy 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 including, if necessary, court summons.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by The Web Guy should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint.
The Web Guy will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
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 The Web Guy, 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.
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