© Magic Cottage Web Design 07842 702842
TERMS AND CONDITIONS
Website Design Terms & Conditions
By placing an order with Magic Cottage Web Design, you confirm that you are in agreement
with and bound by the terms and conditions below.
Definitions:
The Client: The company
or individual requesting the services of Magic Cottage Web Design.
Magic Cottage Web
Design: Primary designer/site owner & employees or affiliates.
General
Magic Cottage
Web Design will carry out work only where an agreement is provided either by email,
telephone or mail. Magic Cottage Web Design will carry out work only for clients
who are 18 years of age or above. An 'order' is deemed to be a written or verbal
contract between Magic Cottage Web Design and the client; this includes telephone
and email agreements.
Website Design
Whilst every endeavour will be made to ensure
that the website and any scripts or programs are free of errors, Magic Cottage 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 Magic Cottage Web Design until all outstanding accounts are paid in full.
Any
scripts, cgi applications, php scripts, or software (unless specifically agreed)
written by Magic Cottage Web Design remain the copyright of Magic Cottage Web Design
and may only be commercially reproduced or resold with the permission of Magic Cottage
Web Design.
Magic Cottage 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.
Any additions to briefs provided will be carried out at the
discretion of Magic Cottage Web Design and where no charge is made by Magic Cottage
Web Design for such additions, Magic Cottage 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 Magic Cottage Web Design all materials
required to complete the site to the agreed standard and within the set deadline.
Magic
Cottage Web Design will not be liable for costs incurred, compensation or loss of
earnings due to the failure to meet agreed deadlines.
Magic Cottage 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
eg. Any disputes re content/images that have been provided to us for inclusion on
the site.
Magic Cottage 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.
Magic Cottage 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 35%
is required with any standard project and 50% for database driven projects before
any design work will be carried out. This figure may be higher for websites of an
adult nature and is non-
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 and paid a deposit they are still obliged to pay
for the work that has been done. Non payment will result in legal action being taken
if necessary.
Magic Cottage 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.
Any scripts, applications or software
(unless specifically agreed) written by Magic Cottage Web Design remain the copyright
of Magic Cottage Web Design and may only be commercially reproduced or resold with
the permission of Magic Cottage Web Design.
Where applications or sites are developed
on servers not recommended by Magic Cottage Web Design, the client is expected to
provide or seek any information, additional software, support or co-
The
client is expected to test fully any application or programming relating to a site
developed by Magic Cottage Web Design before being made generally available for use.
Where "bugs", errors or other issues are found after the site is live, Magic Cottage
Web Design will endeavour (but is not obliged to) to correct these issues to meet
the standards of function outlined in the brief
Magic Cottage 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 Microsoft Internet Explorer Version 7
and to an acceptable level with Firefox browsers. Magic Cottage Web Design can offer
no guarantees of correct function with all browser software.
Copyright
The design of the website created and any photographs taken by Magic Cottage
Web Design for use in the website remain at all times the copyright of Magic Cottage
Web Design and may not be reproduced without our consent.
Website Hosting
Whilst Magic Cottage Web Design recommends hosting companies to host
websites, no guarantees can be made as to the availability or interruption of this
service by Magic Cottage 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.
Magic Cottage
Web Design 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 the
free 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 Magic Cottage Web Design
policy that any outstanding accounts for work carried out by Magic Cottage Web Design
or its affiliates are required to be paid in full, no later than 30 days from the
date of the invoice unless by prior arrangement with Magic Cottage Web Design.
Payment to Magic Cottage Web Design is only accepted through the PayPal system details
of which will be clearly set out on the invoices sent to you. You do not need a PayPal
account to use this system. Magic Cottage Web Design regrets that we no longer accept
cheques.
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
Magic Cottage 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 (ccj's) 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.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by Magic Cottage Web Design should raise the matter directly giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Magic Cottage Web Design will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Magic Cottage Web Design, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
