Please read these Terms and Conditions carefully as they will form a contract between me and you; your acceptance of which is agreed from the moment you sign my Website Agreement, Hosting Agreement or Support Agreement or on the moment you decide to move forward with a project with me (phone or e-mail agreement). If you have any questions however, please do not hesitate to contact me.
You (‘the Client’)
Me (Paul Leonard, and hereinafter referred to as ‘the Online Business Consultant’)
The Project the body of work that is being undertaken, normally consisting of several connected parts, such as consultation, graphic design, website development and/or hosting
What do both parties agree to?
1) The Client agrees to:
- Provide the Online Business Consultant, within a reasonable timescale, everything that is requested from you to complete the Project including text, images and other information.
- Provide the Online Business Consultant with text and images in the format as stated below (see photographs and images)
- Review the Online Business Consultant’s work, provide feedback, and signoff approval in a timely manner.
- Make every effort to adhere to all agreed deadlines.
- Adhere to the payment schedule laid out on our prices page or agreed separately for bespoke work.
- Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
- Provide a minimum of one months notice in writing, or by email should you wish to cancel any contract.
2) The Online Business Consultant agrees to:
- Carry out services in a professional and timely manner.
- Make every effort to adhere to any deadlines agreed between me and you.
- Make a reasonable number of revisions to the design, layout, colours etc, until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 2 major revisions. Additional revisions or design work outside the scope of the project will be charged separately.
- Endeavour to complete requested website revisions or updates within 48 hours, wherever possible.
- Maintain up to date skills and knowledge through regular training and research.
3) Website Development:
- All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touchpads. However, the Online Business Consultant cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors.
- The Online Business Consultant cannot guarantee compatibility in old or redundant browser software.
4) Payments and Contract Lengths:
- All payment schedules can be found on the services page or will be agreed separately for bespoke work.
- The Online Business Consultant has the right to charge the client up to 85% of the total web development costs, should the client cancel the website agreement after the design concepts have been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
- Once the site goes live any early cancellation of your standing order during the first 12 months will be deemed a break in contract. In this case you would be liable for the balance of the contract to be paid with immediate effect plus a £10 admin fee (The admin fee covers time taken to discover the cancellation, generating an invoice and posting)
- Alterations to standing order mandates to reflect new or changed contracts are the sole responsibility of the client. Overpayments to the Online Business Consultant as a result of not updating a standing order mandate will not be reimbursed to the Client. Underpayments or missed payments, however, shall be backdated to the point at which the underpayment or missed payment was discovered and the Client shall be responsible for bringing their account up to date within a reasonable period of time.
5) Photographs and Images:
- Any images or photographs that you supply should be in digital format, usually no smaller than 1024×768 pixels, with a suitable resolution that will allow them to be resized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and retouching the images. This depends entirely on the project and the number of images involved.
- Any images that the company are asked to obtain from third party photographers or stock photography will be charged as an additional cost.
- The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Online Business Consultant for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend the Company and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
- Evidence of ownership or permissions may be requested by the Online Business Consultant.
- To ensure superior levels of reliability and performance, all our clients websites are hosted on a high speed, state of the art managed dedicated server which utilizes a guaranteed minimum uptime service availability level of 99.95%. Details of the exact specification of our servers are freely available to all our clients and will be given upon request.
- The Online Business Consultant will not be held liable for any missed launch date or deadline, if the Client has been late in supplying materials, or has not approved or signed off work ontime, at any stage.
- The Online Business Consultant adheres to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within my security policy.
- A website will not launch until a standing order or payment has been set up, unless special agreement has been reached in advance.
- Additional costs for extra features and/or additional design costs, not covered by our standard packages, will be agreed and invoiced before the website goes live.
- If the Client does not respond to the Online Business Consultant’s request to discuss or choose ongoing support options, the client will automatically be placed on what the company feels is the most appropriate support package.
- There may be an additional fee for any design changes requested after the initial design was been agreed.
- The Online Business Consultant is not responsible for writing or inputting any text copy unless this has been specified by the client following payment and costs agreement.
- If the website is to be hosted elsewhere and already has a domain, then you will still pay the same monthly fee as agreed.
- The Online Business Consultant do not offer any technical support for any other web site hosting company that you may choose (if you elect not to host the website with us).
- The Online Business Consultant cannot guarantee that the functions contained within any web page (or part of your website design), will always be error free, and therefore the Online Business Consultant will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised me of the possibilities of such damages.
- If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Just the same as a fine, you cannot transfer this contract to anyone else without my consent or permission.
- This contract remains in force and need not be renewed.
- Although the Online Business Consultant have tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of English Law and Courts.
Changes to these Terms and Conditions:
Paul Leonard reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to be read or print from my website.