1.1. A 'Project' is any work undertaken or service provided by W Design for the client on their request and as described in our confirmation order email to that client.
1.2. A 'Client' is a person, persons, business or organisation using any of the services provided by W Design .
1.3. 'The Payment Period' shall be the time allowed by W Design for receipt of all monies owed to W Design by the client.
1.4. 'Live Mode' will be from the date the website is available on the clients chosen domain.
1.5. 'Domain' is the website address the website will be available from.
1.6. 'Hosting' is a yearly cost for server rental to keep a clients website activated online.
1.7. 'Content' is both text and images that the client requires on the website.
2. Terms and Conditions
2.1. The contract between W Design 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.
2.2. The works to be carried out shall be as set out in the W Design confirmation order email or letter.
2.3. W Design will only commence work on a project after receipt of 25% deposit of the quoted design and construction fee from the client. The balance is to be paid on completion of the project. If the project includes a website, the website will be switched to live mode once the clients remaining balance is paid in full.
2.4. The deposit paid to W Design covers the cost of design work carried out. It is not possible to refund a deposit once W Design have started the design stage.
2.5. W Design shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate legally within UK law. It is important that the website is not in anyway illegal.
2.6. It is important for the client to keep in contact with W Design throughout the entire project. If we do not receive email contact from a client for more than 1 month the project will be suspended, if there is no contact for more than 3 months the project will be terminated and the deposit will not be refunded.
2.7. Where images used on the website have been purchased by W Design on behalf of the client, these images are strictly for use on the website only. W Design 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.
2.8. W Design use a third party host Heart Internet which can be found at www.heartinternet.com.
2.9. W Design cannot be held responsible for anything adversely affecting the client's business operation, sales, or profitability that they might claim is a result of a service offered by W Design .
2.10. Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.
2.11. W Design will provide the client with an expected project completion date (live on the internet) if requested. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date.
2.12. W Design own all design and code of the website until final payment has been received in full. Once final payment is received, the client will then own the design and code of the website unless open source software is used. Images will have been purchased by W Design for the client unless the images have been supplied by the client.
2.13. All images displayed on the client's website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client OR W Design , they will be the sole responsibility of the client.
2.14. Domain names will be registered by W Design. The client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, W Design will do this within reasonable time.
2.15. It is the responsibility of the client to renew their domain names when due. W Design will send a renewal reminder with sufficient notice to renew. If a domain name expires W Design can not be held liable for this. However, W Design will make reasonable effort to contact the client regarding domain renewal.
2.16. When a client renews "hosting" with W Design , this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting, their domain name could be made available to the public for purchase and W Design can not be held liable for this.
2.17. Renewal of "hosting" is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the client. The "hosting" will not be renewed if we cannot contact the customer or the customer requests for us to not host this site. This will also affect the domain as per item 18.
2.18. The hosting renewal charge must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge.
2.19. The management and hosting of the domain name are the full responsibility of the client.
2.20. W Design has no control of, or responsibility for, the content of our client's web sites. In no way does the textual or image based content of our client's web sites constitute W Design endorsement, or approval of the web site or the material contained within the web site. W Design has not verified any of the materials, images or information contained within our client's web sites and is not responsible for the content or performance of these sites or for the client's transactions with them. W Design provides links or references to our client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.
2.21. W Design are not liable for loss, damage or corruption to files or information stored on our servers or individual PC's relating to a client's website. The client is solely responsible for any information or files relating to their website.
2.22. If a domain name is purchased by the client through a company other than W Design , the client has full responsibility in making sure that the domain name is renewed when due. W Design will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than W Design .