Terms of Business

The following terms and conditions describe the responsibilities of both the client and Simon Pioli (hereafter SP or the “Designer”). The client should ensure that these are fully understood.

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1. Contract

The client’s approval for work to commence shall be deemed a contractual agreement between the client and SP. Important: Approval for the work to commence and payment of the deposit indicates that the client accepts these terms and conditions.

2. Material

All material supplied by the client shall remain the client’s property. It will be assumed that this material belongs to the client and that it does not breach any copyright laws.

3. Domain Names and Hosting

All domain name and hosting registrations are sub-contracted through SP and the Client is bound by the contractor’s T&Cs, available on request. SP reserves the right to restrict access to any hosting services provided through him should any of these terms be breached, particularly paragraph 12.

4. Registration Charges

All third party costs arising from the registration of a domain name shall be met by the Client and are payable to SP before a formal application for registration is made. This is included in the standard invoice issued after approval for work to commence.

5. Privacy

SP’s privacy statement reads as follows:

“All information, mail messages and other data stored on SP’s computer system or systems operated by SP will be treated as private and solely the property of the Client at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Client and/or for the purpose of SP’s back up services and/or providing the Client with the Services and/or for SP’s own internal purposes such as market research.”

6. Copyright

SP will retain the copyright of any material, including the source code, created for the client by SP until payment of the final invoice. At this time it will become the property of the client.

7. Search Engine Submission

SP are not responsible for the client’s on-going web site promotion unless this service has been specified in the contract. Should the client require the site to be promoted this must be agreed as part of the original contract or a separate contract may be drawn up at a later date.  SP can make no guarantees about the success of any search engine promotion activity because this is controlled by the search engines.

8. Cancellation

The client has 24 hours after the receipt of any Advance Payment to terminate the contract and receive a full refund. After this time any deposit is non-refundable.

9. Travel Time and Expenses

Travelling time to and from client premises is not generally included in our estimate. SP reserve the right to make a charge for travelling time at our normal consultancy rates. Likewise SP reserve the right to charge for travelling expenses based on 45p per mile. (NOTE: There will be no charges for travelling time or expenses incurred before you give your approval for work to commence.)

10. Quotations

The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required, as the site is developed, then we will accept these changes subject to allowed timescales. Additional charges will be incurred if entire pages of content or more than minor changes to the original design are changed from the original agreement.

‘Minor changes’ will be judged at the discresion of the Designer.

11. Advance Payment

An advance of 50% of the total quoted cost of the project is required when the quotation and proposal are accepted by the client before any work can begin. This is non-refundable as laid out in Section 8: Cancellation.

12. Payment

a) Payment Methods

Payment is currently accepted by BACS, PayPal or cheque and in UK Pounds Sterling only, unless otherwise agreed. Payement by PayPal will incur a charge of 5% of the total payment. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £25. Charges for payments in other currencies will vary and will be agreed at time of contract.

b) Payment Terms

Payment will be due within 14 days of final invoice. Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.

Notes:

Should SP waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit SP to waive the same clause on any other occasion.

By agreeing to these terms and conditions your statutory rights are not affected. SP reserves the right to change or modify any of these terms or conditions at any time.

Should clarification of any of the above be required please contact me.