WEB DESIGN TERMS AND CONDITIONS
These terms are applicable for all design projects.
All web design services provided by Internetbuff to the Customer are subject to the following terms and conditions.
View web hosting terms here.
Payment of an advance fee or recurring fee is an acceptance of these terms and conditions. The contract between Internetbuff and the Customer 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.
Charges for services to be provided by Internetbuff are defined in the project quotation that the Customer receives via email. Quotations are valid for a period of 14 days. Internetbuff reserves the right to alter or decline to provide a quotation after expiry of the 14 days.
2.2 Payment Schedule
2.2.1 Advance Payment
With the exception of ‘one page websites’, all web site design services require a non-refundable advance payment of fifty (50) percent of the project quotation total before Internetbuff will commence the project.
‘One page websites’ are payable fully in advance.
2.2.2 Layout Review Payment
A further twenty five (25) percent of the project quotation total will be due upon completion and acceptance by the Customer of the website homepage template layout and one internal webpage. Such materials will be deemed to be accepted and approved unless the Customer notifies Internetbuff otherwise within ten (10) days of the date the review materials are made available to the Customer.
Once such payment has been received, Internetbuff will commence the addition of the final text and image content to the website.
2.2.3 Final Payment
The remaining twenty five (25) percent of the project quotation total will be due upon completion of the work prior to upload to a live server and / or release of materials.
2.3 Source Files
Charges for design work does not cover the release of source files including psd, ai, fw, aep, prproj or fla files; if the Customer requires these items then a separate quotation can be prepared.
2.4 Website Maintenance
The Customer may from time to time require Internetbuff to add, modify or delete elements of a webpage or website. The Customer will be provided a quotation for such additions, modifications and deletions. Internetbuff will proceed with such changes upon confirmation by the Customer. Such charges are due immediately upon completion.
3. Customer Review
Internetbuff will provide the Customer with an opportunity to review the appearance and content of the web site and / or media both during the design period and upon completion.
3.1 Layout Review
Internetbuff will offer the Customer the opportunity to review progress and provide feedback once the website’s homepage layout and internal page template have been completed. Such materials will be deemed to be accepted and approved unless the Customer notifies Internetbuff otherwise within ten (10) days of the date the review materials are made available to the Customer.
3.2 Content (Final) Review
At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies Internetbuff otherwise within ten (10) days of the date the review materials are made available to the Customer.
4. Turnaround Time and Point of Contact
Internetbuff will commence work on the project within 2 working days of receiving the fifty (50) percent non refundable advance fee.
Internetbuff will install and publicly post or supply the Customer’s Web site within 2 working days of receiving cleared final payment, unless a delay is specifically requested by the Customer and agreed by Internetbuff.
In return, the Customer agrees to delegate a single individual as ‘first-point-of-call’ to aid Internetbuff with progressing the project in a satisfactory and expedient manner.
5.1. Standard Media Delivery
During the project, Internetbuff will require the Customer to provide text copy and images.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (Microsoft Word Document via Dropbox) and that all photographs and other graphics will be provided either physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png, .psd, .ai or .tiff format (viaDropbox).
Although every reasonable attempt shall be made by Internetbuff to return to the Customer any images or printed material provided for use in creation of the Customer’s Web site, such return cannot be guaranteed. Scanning images is a chargeable service.
5.2. Additional Charges for Content Upload.
The agreed project fee includes the upload of text and image content provided by the Customer. The content will only be uploaded to the website when the Customer has confirmed that the version provided is the final version.
Once the content has been uploaded to the website, the Customer will be provided one final review of the content. This review is designed to allow the Customer to make final corrections to the spelling and / or grammer and request changes to the layout of the text and / or images.
If further changes to the text and image content are subsequently requested, additional charges may be incurred at the discretion of Internetbuff. Such charges will be due upon completion prior to going live.
5.3. Content Not Provided
If all content is not provided within three (3) weeks of an official request by email then Internetbuff reserves the right to advise the Customer of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time.
If all content is not provided within five (5) weeks from the original email request then the Customer is considered to be in default of the project, the project will be terminated and the Customer will be sent the final invoice for immediate payment. Internetbuff will agree, at its discretion, to recommence the commission after agreement is reached on a new quotation document and once the original fees have been paid.
6.1. Requests for Payment
‘Requests for payment’ will be made by Internetbuff at each project milestone, typically for the advance fee, for the homepage review fee and for the final fee and for any associated services such as hosting renewal. ‘Requests for payment’ are due upon receipt.
Invoices will be provided by Internetbuff upon receipt of a confirmed payment. Invoices and ‘Requests for payment’ are sent via email.
6.3. Unpaid Accounts
Accounts that remain unpaid thirty (30) days after the date of the request for payment will be assessed a service charge in the amount of the higher of five percent (5%) or £50 per month of the total amount due.
6.4. Payment Methods
Payment for services is due by BACS / Bank Transfer or via PayPal. All recurring payments are due through Paypal subscriptions.
7. Payments in Default
Accounts unpaid thirty (30) days after the date shown on the request for payment will be considered in default. Direct debit or recurring payments that are cancelled or fail to clear will be considered in default.
If the Customer in default maintains any information or files on Internetbuff’s Web space, Internetbuff will, at its discretion, remove all such material from its web space. Internetbuff is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer’s account.
Cheques returned for insufficient funds will be assessed a return charge of £25 and the Customer’s account will immediately be considered to be in default until full payment is received.
Customers with accounts in default agree to pay Internetbuff reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Internetbuff in enforcing these Terms and Conditions.
Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing received by recorded delivery at Internetbuff’s postal address. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants Internetbuff the rights to publish and use such material.
The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting Internetbuff permission and rights for use of the same and agrees to indemnify and hold harmless Internetbuff from any and all claims resulting from the Customer’s negligence or inability to obtain proper copyright permissions. Go ahead of a project by cleared payment shall be regarded as a guarantee by the Customer to Internetbuff that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Where stock photography and / or video is provided by Internetbuff, Internetbuff grants the Customer the rights to publish and use such material on the website covered by this proposal agreement. Those stock images and / or videos may not be used for other purposes without the express written permission of Internetbuff.
10. Design Credit
A link to Internetbuff will appear in small type at the bottom of the Customer’s Web site, designed to fit in with the overall site design.
11. Access Requirements
11.1 Third Party Server
If the Customer’s Web site is to be installed on a third-party server, Internetbuff must be granted temporary read/write access to the Customer’s storage directories and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server; these other resources are to be made at the Customer’s expense.
Internetbuff offers a hosting option with any website package. A project quotation does not cover the time associated with the installation of software on a third-party server or the configuration of a third-party server by Internetbuff. In addition, it does not cover email support for such issues. Should the client request Internetbuff to aid in the set up and / or testing of the third-party server, or provide email support for the same, then additional charges will be incurred, charged on an hourly rate basis (minimum charge 1 hour). Such fees are payable on completion prior to going live.
Internetbuff cannot be held responsible for the delay or other technical issues arising from the configuration of the Customer’s server.
11.2 Third Party Services
Additional temporary access rights may be required from time to time for other third-party services such as Twitter and Facebook.
12. Post-Placement Alterations
Internetbuff cannot accept responsibility for any alterations caused by a third party occurring to the Customer’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
13. Website Backup
The Customer is responsible for the regular backup of all website files and databases. Our CMS packages provide a method to create a full backup to Dropbox. Other packages can be backed up using FTP. We also recommend that the Customer creates their own regular backup of any database, web files or other digital material to their desktop machine.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer’s payment of an advance or recurring fee constitutes agreement to and acceptance of these Terms and Conditions.
15. Governing Law
This Agreement shall be governed by English Law.