By placing an order with 777 Web Design, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client: The company or individual requesting the services of 777 Web Design.
777 Web Design: Primary designer/site owner & employees or affiliates.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’sv erbal agreement via email or phone to a 777 Web Design order confirmation or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment of deposit, or verbal agreement via email or phone is an acceptance of our terms and conditions. This is further cemented via conversations which clearly represent work is already underway, and in the absence of an initial dispute from client to these conversations.
It is not necessary for any Client to have signed an acceptance of 777 Web Designs terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Charges for services to be provided by 777 Web Design are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. 777 Web Design reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client or listed different in the proposal, all website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty three (33) percent is required after the development stage, with the remaining thirty three (33) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to 303 Music Entertainment and sent to 777 Web Design, 100 Church Street, Brighton, BN1 1UJ. Bank details will be made available on invoices.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors,
777 Web Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming code remain the property of 777 Web Design until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by 777 Web Design remain the copyright of 777 Web Design and may only be commercially reproduced or resold with the permission of 777 Web Design.
777 Web Design cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. The Client retains the copyright to data, files and graphic logos provided by the Client, and grants 777 Web Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting 777 Web Design permission and rights for use of the same and agrees to indemnify and hold harmless 777 Web Design from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to 777 Web Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Any additions to the brief will be carried out at the discretion of 777 Web Design and where no charge is made by 777 Web Design for such additions, 777 Web Design accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to 777 Web Design all materials required to complete the site to the agreed standard and within the set deadline.
777 Web Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
777 Web Design reserve the right to extend any previously agreed deadlines by a reasonable amount.
777 Web Design will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
777 Web Design will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
777 Web Design will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit of 33% is required with any project before any design work willl be carried out. All deposits are not refundable.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
777 Web Design cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
The client is expected to test fully any application or programming relating to a site developed by 777 Web Design before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, 777 Web Design will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
A link to 777 Web Design will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied.
Failure to provide required website content:
777 Web Design is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date your self.
777 Web Design will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Google Chrome and to an acceptable level with Apple Safari and Mozilla browsers. 777 Web Design can offer no guarantees of correct function with all browser software.
777 Web Design’s hosting packages run on a 12 monthly contractual basis, commencing once payment for hosting has been received. Commencing of a hosting package is an agreement to abide to the terms and conditions set out in this document. Any cancellations prior to the end of the 12 monthly agreement require a one months notice period. Furthermore, any unpaid hosting charges up until the end of the 12 month contractual period will be billed and must be paid in full in one lump sum, in addition to a cancellation fee of £50.
Whilst 777 Web Design recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by 777 Web Design 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.
777 Web Design reserves 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 the hosting service should the necessity arise.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the 777 Web Design policy that any outstanding accounts for work carried out by 777 Web Design or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with 777 Web Design.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or 777 Web Design have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (CCJs) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
777 Web Design may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of 777 Web Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
This Agreement shall be governed by English Law.
777 Web Design hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of 777 Web Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone.