Tel: 07746 836073 Email: brian@enterprisewebbuilder.co.uk
Tel: 07746 836073 Email: brian@enterprisewebbuilder.co.uk
By placing an order with Enterprise Web Builder, you confirm that you are in agreement with and bound by the terms and conditions below. An “order” is deemed to be a written or verbal contract between Enterprise Web Builder and the Client; this includes telephone and email agreements.
Enterprise Web Builder - Brian Bailey, 9 Bramble Close, Harrogate, North Yorkshire, HG3 2WG
The Client - the entity which enters into a contract with Enterprise Web Builder
The Work - the subject matter of the contract between the Client and Enterprise Web Builder
A non refundable deposit of 25% of the total fee payable under the contract is due immediately upon placing an order. The remaining 75% shall become due when the Work is completed. Enterprise Web Builder reserves the right not to begin the Work until the deposit has been paid in full.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free from errors, Enterprise Web Builder cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
Enterprise Web Builder reserves the right to charge a reasonable fee for correction of errors for which Enterprise Web Builder is not responsible, including, but not limited to malicious modification of the website by a third party and typographical errors contained in materials provided to Enterprise Web Builder by the Client.
Enterprise Web Builder does not guarantee listings on search engines and the Client accepts that it is search engines and not Enterprise Web Builder who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the search engines.
Enterprise Web Builder 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 Client's appointed agents.
Enterprise Web Builder will not be liable for any costs incurred, compensation or loss of earnings due unavailability of the website, its servers, software or any material provided by its agents.
Enterprise Web Builder warrants completing the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client. Enterprise Web Builder will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement. Enterprise Web Builder will not undertake changes to the specifications of the Work which would increase the cost, without prior written authorisation from the Client.
The Client is to supply all materials and information required for Enterprise Web Builder to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client's failure to supply such materials leads to a delay in completion of the Work, Enterprise Web Builder has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client's failure to supply materials prevents progress on the Work for more than 21 days, Enterprise Web Builder has the right to invoice the Client for any part or parts of the Work already completed.
On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Enterprise Web Builder, in writing, of any unsatisfactory points within 7 days of receipt of such notification. Any of the Work which has not been reported in writing to Enterprise Web Builder as unsatisfactory within the 7 day review period will be deemed to have been approved. Once approved, or deemed approved, Work cannot subsequently be rejected, and the contract will be deemed to have been completed and the 75% balancing payment will become due. The contract will remain in effect until payment has been received.
If the Client rejects the Work within the 7 day review period, or will not approve subsequent Work performed by Enterprise Web Builder to remedy any points reported by the Client as unsatisfactory, and Enterprise Web Builder considers that the Client is unreasonable in his repeated rejection of the Work, the contract will be deemed to have expired and Enterprise Web Builder can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
Upon completion of 7 day review period, Enterprise Web Builder will invoice the Client for the 75% balancing payment, which is to be paid by the Client within 21 days of the date that the invoice was issued.
If payment has not been received by the due date, Enterprise Web Builder has the right to remove the website and revoke the Client's licence of the Work until full payment has been received. By revoking the Client's licence of the Work or removing the website from the Internet, Enterprise Web Builder does not remove the Client's obligation to pay any outstanding monies owing.
Offers and proposals made by Enterprise Web Builder to potential clients should be treated as trade secrets and remain the property of Enterprise Web Builder. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from Enterprise Web Builder. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Enterprise Web Builder for inclusion on the website. The conclusion of a contract between Enterprise Web Builder and the Client shall be regarded as a guarantee by the Client to Enterprise Web Builder that all such permissions and authorities have been obtained and that the inclusion of such material on the website would not constitute a criminal offence or civil delict. By agreeing to these terms and conditions, the Client removes the legal responsibility of Enterprise Web Builder and indemnifies the same from any claims or legal actions however related to the content of the Client's website.
Any domain name obtained will belong to the Client. The Client agrees to indemnify Enterprise Web Builder, including any incidental costs, against any claims that a domain name applied for, or obtained, violates the intellectual property rights of a third party. The Client warrants that the domain name sought is not a trademark of a third party.
Once Enterprise Web Builder has received full payment of all outstanding invoices and the Work has been approved by the Client, the Client will be granted a licence to use the website and its contents.
Any code that is not freely accessible to third parties and not in the public domain, and to which Enterprise Web Builder or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from Enterprise Web Builder. Unless previously agreed otherwise in writing, no modifications may be made by the Client or any third party to code to which Enterprise Web Builder or their suppliers owns the copyright. Enterprise Web Builder acknowledges the intellectual property rights of the Client. Information passed in written form to Enterprise Web Builder, and that the Client has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the Client.
Enterprise Web Builder reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their website, or any material is illegal, immoral or otherwise unacceptable.
Enterprise Web Builder will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Enterprise Web Builder.
Enterprise Web Builder reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.
This Agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal action or claim arising from the contract between Enterprise Web Builder and the Client. The said contract is void where prohibited by law.
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
These terms & conditions may change from time to time. The Client will be informed of revisions as and when they are issued.
Standard Terms and Conditions v1 1 July 2007