1. Our Intellectual Copyright
We will hold intellectual copyright of any source code, graphic designs and/or logos and site copy created specifically for the client until payment of the final invoice. At this time, it will become the property of the client.
2. Clients Responsibilities regarding Copyright
In situations where the client provides images, text and animations for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by us in the construction of websites may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes, please contact us for clarification.
3. Clients Feedback & Deadlines
The client must provide Sharps Digital with accurate and precise feedback. This feedback must offer a genuine representation of the client’s experience with the project. Client-imposed deadlines can only be guaranteed by Sharps Digital in such cases where the client agrees to submit the final content in its entirety. Failure to do so will render any proposed deadline null and void.
4. Limitation of liability/indemnification
Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the performance our work, whether in contract or otherwise, even if the other has been advised of the possibility of such loss or damages. Our total liability under these conditions with respect to the work, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by the client to us.
5. Search Engine Promotion
We are not by default responsible for the client’s on-going web site promotion. If the client requires the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the search results is controlled by the search engines. We will endeavour to ensure that your site is successful in the search rankings through various methods. However, search engines frequently change their retrieval methods and we cannot be held responsible for future rankings unless otherwise agreed.
6. Secure Socket Layer (SSL) Certificates
Sharps Digital do not include SSL certificates as standard for websites. These can be purchased as a separate item through us and we will install and support this for an annual cost or a monthly fee.
Should the client wish to cancel a project at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly. If payments fail and your account falls into arrears, interest and debt recovery costs will be applied to your account, we cannot accept a business paying late for goods or a service. If you agree a payment date, it must be within 60 days, as standard for all business transactions. If you do not agree a payment date, the law says the payment is late 30 days after either:
• You receive the invoice
• The goods have been delivered or the service has been provided the service.
The interest we will charged to your business for late payments for goods or a service is ‘statutory interest’ - this is 8% plus the Bank of England base rate for business to business transactions.
Sharps Digital will claim debt recovery costs on late payments. Sharps Digital will charge a business a fixed sum for the cost of recovering a late commercial payment on top of claiming interest from it.
Check the current Bank of England base rate and previous rates. A new invoice will be issued, to add interest to the money you’re owe. We may also claim against you for reasonable costs each time we try to recover the debt.
The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated.
9. Advance Payment
We ask for the project value to be paid in full initially. We may accept a lower deposit in certain situations.
10. Payment terms
Payment is currently accepted via credit or debit card. We also accept payment via bank transfer. If a site is hosted with us, then payment is due upon the site going ‘live’. If payment is not received by this point, then we reserve the right to suspend the site until payment is received in full or collections will deal with your account accordingly. If the site is hosted externally, then payment is due in full before the code and site design can be released for upload to your hosting server.
Client orders totalling lower than £1,000 require all content to be ready within two weeks of the acceptance of the quote plus the terms & conditions. Failure to comply with these terms will require the client to settle the invoice regardless of whether the website is complete.
11. Future work
The website is provided to and accepted by the client as a fully functioning, completed work. By agreeing for the site to go ‘live’, the client is accepting that they are fully satisfied with the site. Any future structural or design changes to the site may require the issuing of a new quotation.
Once your website is complete and live on the web, our service to you will not stop there, much the opposite in fact. This is where our relationship begins. Dependant on the purpose of your website, you may wish to make regular amendments, or you may like a fresh design. All amendments or work that was not set out in the original scope of the website, will need a new quotation and work will need to be paid for before any changes are made. For smaller work and minor updates, credit periods may be offered to long standing clients.
13. Compliance with Ecommerce, Accessibility or Other Regulations
We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or regulations related to a specific business or trade. We recommend that where compliance related to any website or business is complex, it may be necessary for the client to take legal advice from their solicitor
14. Hacking, defacing, viruses and spyware
Hacking, defacing, virus, database and spyware injection attempts are an unfortunately common part of internet life. Whilst we build your site to be as secure as possible and we have a vast array of monitoring tools for sites hosted with us, we can accept no legal responsibility for any damages to reputation or monetary loss caused by illegal activity or the actions of others once it has been put live. If the site is hosted with us, then we will endeavour to fix the damage or restore from one of our nightly backups, however any repair work may be chargeable and a quotation will be supplied.
15. Web Hosting
Websites hosted with us will require hosting fees to be paid before the renewal date, to keep the website live and active online, preventing search engine fluctuation. Hosting fees will be automatically charged to your business account and your default payment method, up to 30 Days before the renewal date. If the Client agrees to host their site with us, then that indicates agreement of our web hosting terms and conditions which are viewable here.