Terms & Conditions Websites
1 CONTRACT
1.1 The contract between Lime Design (North) Ltd and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2 CONTACT METHOD
2.1 Email will be the method of contact with regard to all communication for the website design & development. It is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. Lime Design (North) Ltd cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. Lime Design (North) Ltd will acknowledge all emails within 5 working days.2.2 If a customer’s conduct via telephone is considered unreasonable we will insist on email communication only. Lime Design (North) Ltd reserve the right to cancel a contract should customer contact be in breach of our anti-harassment policy (*). Calls made to our office and mobiles are monitored and recorded.
3 HOSTING
3.1 All fees payable by the Client to Lime Design (North) Ltd shall be paid in full, without set off or deduction. Lime Design (North) Ltd reserves the right to suspend or terminate hosting services if fees are not paid on or before the due date.3.2 If the Client does not use Lime Design (North) Ltd hosting services, then the management and hosting of the domain name are the full responsibility of the Client.3.3 Should the Client wish to transfer their website hosting away from Lime Design (North) Ltd, a £50 admin charge will be issued, which must be paid before the transfer takes place.
4 DOMAIN NAMES
4.1 Domain names will be registered by Lime Design (North) Ltd and also registered to Lime Design (North) Ltd current address. Although the domain names are registered to Lime Design (North) Ltd, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Lime Design (North) Ltd will do this within a reasonable timeframe.4.2 It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Lime Design (North) Ltd cannot be held liable for this. However, Lime Design (North) Ltd will make reasonable effort to contact the Client regarding domain renewal.4.3 If the Client does not use Lime Design (North) Ltd to register the domain name, then the management of the domain name will be the full responsibility of the Client.4.4 Should the Client wish to transfer a domain name away from Lime Design (North) Ltd, a £50 admin charge will be issued, which must be paid before the transfer takes place.
5. SEARCH ENGINE OPTIMISATION
(SEO)5.1 Where asked to provide search engine optimisation for a Client, Lime Design (North) Ltd do not guarantee any specific placement or high ranking on search engines.5.2 Lime Design (North) Ltd do not take any responsibility for the Client’s website rank on search engines. Every effort will be made to achieve the best possible ranking for any specified keyword or phrase, but Lime Design (North) Ltd shall not be held accountable for circumstances beyond our control, such as search engine algorithm shifting, search engine flux or other anomalies.
6 PAYMENT
6.1 The Client shall make a non-refundable Preliminary Payment of 33% by way of deposit prior to the commencement of provision of the Services. No work shall begin until the Preliminary Payment is received by Lime Design (North) Ltd. If quoted price is above £1,500 a non-refundable Preliminary Payment of £500 will be required by way of deposit6.2 The remainder of the Quoted Price shall be payable on completion.6.3 Lime Design (North) Ltd and the Client agree that costs incurred by Lime Design (North) Ltd through services that are supplementary or incidental to the performance of the Services that are not included in the Project Proposal shall be paid in arrears by the Client to Lime Design (North) Ltd. Lime Design (North) Ltd shall not use such services without the prior consent of the Client.6.4 Lime Design (North) Ltd reserves the right to suspend provision of the Services in the event that any amounts due from the Client are not paid on time. Provision of the Services shall resume upon receipt of cleared funds amounting to all amounts due by Lime Design (North) Ltd. Lime Design (North) Ltd shall not be liable for any project delays occasioned by the Client’s failure to make required payments on time.6.5 The Client shall pay all required sums upon receipt of invoices for the same. In the event that invoices remain unpaid for 7 days after invoice due date, the amount due will be subject to a £40 late fee.6.6 All payments must be made by the Client before the invoice due date, unless agreed otherwise. If an invoice remains unpaid after 14 days, Lime Design (North) Ltd reserves the right to close any website associated with the Customer. If an invoice remains unpaid after 30 days, Lime Design (North) Ltd reserves the right to remove access to any email facilities. If an invoice remains unpaid after 60 days, Lime Design (North) Ltd may begin legal proceedings to reclaim all costs.6.7 If any project is postponed or cancelled after the initial design is complete, all work shall continue to be invoiced in full and completed according to the Customers’ continuation date.
7 OWNERSHIP OF SITE MATERIALS
7.1 Lime Design (North) Ltd shall retain legal ownership of all Site Materials created by them under this Agreement until all charges are paid in full by the Client. Upon receipt by Lime Design (North) Ltd of all sums due, legal ownership shall be immediately assigned to the Client.7.2 The Client shall retain ownership of all Site Materials owned by them prior to entering into this Agreement. No property shall be assigned to Lime Design (North) Ltd by the Client at any time.
8. INTELLECTUAL PROPERTY
8.1 All Site Materials provided by the Client and the copyright, design rights and trademarks therein shall remain the property of the Client. Lime Design (North) Ltd shall use such Site Materials under licence for the sole purpose of providing the Services to the Client.8.2 The Client warrants that they have obtained all relevant permissions and rights for the use of any Site Material that they provide that are owned by, or were otherwise created by, a third party.
8.3 The Client agrees to fully indemnify and hold Lime Design (North) Ltd free from any and all claims for intellectual property infringement that may arise out of the Client’s failure to obtain the required permissions and rights for the use of any Site Material provided.
9 IMAGES
9.1 Where images used on the website have been purchased by Lime Design (North) Ltd on behalf of the Client, these images are strictly for use on the website only. Lime Design (North) Ltd are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
10. OPEN SOURCE SOFTWARE
10.1 It is the Client’s responsibility to check with Lime Design (North) Ltd whether Open Source Software is being used or not.10.2 The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Lime Design (North) Ltd or the Client.
11. SUB-CONTRACTING
11.1 Lime Design (North) Ltd reserve the right to employ any individual, company or firm to carry out work relating to any project.
12. TIME
12.1 Lime Design (North) Ltd and the Client hereby agree that time shall not be of the essence. Lime Design (North) Ltd shall provide a completion time in the Project Proposal but shall not be responsible for any project over-runs, irrespective of the cause.
13. PUBLICITY
13.1 Lime Design (North) Ltd shall place a text link on the footer of the Clients website that simply states the website was designed by Lime Design (North) Ltd and links to our company website.
14. QUOTATIONS AND COSTS
14.1 Our quotes are valid for 30 days.14.2 Our hourly rate for updates and maintenance is £35.00 p/hr. Any work outside an agreed list of deliverables, in the absence of a quote or due to author’s changes is charged at this rate.14.3 Our hourly rate for basic text updates is £20.00 p/hr.
15. FORCE MAJEURE
15.1 Neither Lime Design (North) Ltd or the Client to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control Lime Design (North) Ltd or the Client. Such causes include, but are not limited to, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of Lime Design (North) Ltd or the Client.
16. LAW AND JURISDICTION
16.1 This Agreement shall be governed by the laws of England and Wales.16.2 Any dispute between the Parties relating to this Agreement shall be fall within the jurisdiction of the courts of England and Wales.
17. TERMS AND CONDITIONS
17.1 We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. All changes will be available to view both by request and online at https://www.limedesignnorth.co.uk.
(*) Lime Design (North) Ltd will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse towards our employees thereafter any further communication must be via postal mail only.
