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Terms and Conditions

Order Terms and Conditions

Please read our conditions before placing an order.

1. Contract

Approval by the client for work to begin on creating a website and payment of a deposit indicates that the client accepts the terms and conditions outlined in this document. The giving of approval for the work to commence shall be deemed a contractual agreement between the client and XWebDesign.

2. Intellectual Copyright

XWebDesign will hold intellectual copyright of all materials used in the creation of a website, including all source code and any images created for the client or purchased on their behalf until full settlement of the final invoice. On full payment of the invoice, intellectual copyright will be transferred to the client.

3. Copyright Responsibilities

Where the client provides text, images, pictures, video, animation or any other content for their website, they are personally legally responsible for ensuring that this material does not infringe any copyright. Any images provided by XWebDesign in the design and construction of the website will have been purchased under licence from stock image library. These images are likely only to be licensed for use on a single website and so may not be used in publicity material, unless an additional licence is purchased. The client is legally responsible for ensuring that the images are not used without the appropriate licence. If you wish to use any images from the site please contact us for details on how to acquire the licence .

4. Website Hosting

Insofar as XWebDesign offers website hosting, whilst XWebDesign will take all reasonable steps to ensure continuity of service, no guarantees can be made as to the availability or freedom of interruption of this service.. We 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.

5. Search Engine Optimisation

Unless otherwise specified, XWebDesign is not responsible for the client’s on-going website promotion. Should the client require their website to be promoted a separate contract may be agreed. A website’s rank in a search is controlled entirely by the search engines. Sites by XWebDesign are designed to be as search-engine friendly as is reasonably possible, and include basic on-site optimisation as standard but we cannot guarantee high ranking in search engines.

6. Cancellation

Should the client wish to cancel their website at any point during the design and development process they shall remain liable for all the work that has already be completed and shall be invoiced accordingly. Giving approval for work to commence is deemed to be acceptance of this liability.

7. Time Deadlines

Where a deadline for the completion of a website design has been agreed, this can only be met when the client fulfils their side of the agreement by delivering text and content by their agreed deadlines. XWebDesign cannot be held liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

8. Proposals

The price quoted to the client in is for the work specified in the website proposals only. Should the client request changes after work on the website begins, then additional charges may be applicable. All additional charges will be discussed with the client before the work is begun.

9. Deposit

A deposit of 40% of the total cost of the project is required before work can begin on creating the website. After work begins this is non-refundable.

10. Payment Terms

If the client delays progress of the website design for longer than one month, for whatever reason, an additional staged payment amounting to 30% of website total may be required. Once a website has been completed the final balance of payment is then due before the site is published. This final payment will due even if the client decides to delay publishing the site. There are no exceptions to this. If the client decides they no longer require the website, they are still obliged to pay for the work that has been done, having commissioned the work and agreed to these terms. Terms for subsequent website development are strictly 30 days for approved accounts.

11. Future Support

The website is published to the internet and accepted by the client as a fully functioning, completed project. The cost of any future development will be charged at our current hourly rate. Alternatively, a support and maintenance package may be purchased.

12. Problems with live websites

XWebDesign will endeavour to create a website which is protected from the possibility of an attack using malicious software, spyware, viruses and website hacking. We cannot be held responsible for problems that develop on finished sites as a result of such illegal activity by third parties in the future.

13. Compliance with Regulations

All websites are designed according to the client’s specifications. It is the client’s responsibility to ensure that the website and all its content meet current regulations. We cannot accept responsibility for any failure to comply with regulations related to selling online or any regulation related to any specific trade or business. We recommend that the client takes legal advice from their company lawyer on these issues. All our websites are built to meet the minimum requirement for website accessibility. They may be created to higher levels of accessibility on request, but it is the client’s responsibility to highlight the need for this before development begins.

14. Compatibility

XWebDesign will take all reasonable steps to ensure that any developed/designed website or application will function correctly on the server on which it is initially installed, and that it will display correctly when viewed with all the current major web browsers (Internet Explorer, Opera, Google Chrome, Mozilla Firefox, Safari). XWebDesign cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after the website has been completed.

15. Offensive Material

XWebDesign 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 any hosting or design service should the necessity arise.

16. No Waiver

The waiver of any of these terms and conditions by XWebDesign on an individual basis, shall not affect the validity of remaining clauses. By agreeing to these terms and conditions your statutory rights are not affected.

17. Changes to this Agreement

XWebDesign reserves the right to change or modify any of these terms or conditions at any time. We will provide notice of such change on this web page.

Last updated: 23rd October 2020.

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