boring legal stuff…
The following terms and conditions apply to all Website Development and Design provided by Nice People to the Client.
It is not necessary for any Client to have signed an acceptance of these 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.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Nice People are defined in the project quotation that the Client receives via email. Quotations are valid for a period of 30 days. Nice People reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, for projects under £200 full payment is required before work begins on the project.
For all other website development and design projects over £200, payment is required in two stages:
- An advance payment of a minimum of 50% of the project quotation total is required when the initial quote is agreed upon and before the project commences. Payment for third-party software and services, such as: web hosting and domain names, may also be required in full at this stage.
- The remaining 50% of the project quotation total is due upon completion of the work, prior to upload to the server, release of materials or ‘launch’ of the website.
Payment for services is due by bank transfer or via PayPal. Bank details will be made available on invoices.
- CLIENT REVIEW
Nice People will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Nice People otherwise within 10 days of the date the materials are made available to the Client.
- TURNAROUND TIME AND CONTENT CONTROL
Nice People will install and publicly post or supply the Client’s website by the date specified in the project proposal, or on the date agreed with Client upon Nice People receiving initial payment, unless a delay is specifically requested by the Client and agreed by Nice People.
In return, the Client agrees to delegate a single individual as a primary contact to aid Nice People with progressing the commission in a satisfactory and expedient manner.
During the project, Nice People will require the Client to provide website content; text, images, movies and sound files.
- FAILURE TO PROVIDE REQUIRED WEBSITE CONTENT
Nice People 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 you agree to provide us with the required information and subsequently fail to do so 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.
Using the WordPress content management system you are able to keep your content up to date yourself.
Invoices will be provided by Nice People upon completion but before publishing the live website. Invoices are normally sent via email. Invoices are due upon receipt.
- ADDITIONAL EXPENSES
Client agrees to reimburse Nice People for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography or additional plugins.
- WEB BROWSERS
Nice People makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Safari, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Nice People cannot guarantee correct functionality with all browser software across different operating systems.
Nice People cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Nice People reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid 30 days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Nice People’s Web space, Nice People will, at its discretion, remove all such material from its web space.
Nice People is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Nice People reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Nice People in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within 30 days.
All Nice People services may be used for lawful purposes only. You agree to indemnify and hold Nice People harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Nice People 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 Nice People permission and rights for use of the same and agrees to indemnify and hold Nice People harmless 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 Nice People that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- STANDARD MEDIA DELIVERY
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Nice People to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
- DESIGN CREDIT
A link to Nice People 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. The Client also agrees that the website developed for the Client may be presented in Nice People’s portfolio.
- ACCESS REQUIREMENTS
If the Client’s website is to be installed on a third-party server, Nice People must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- POST-PLACEMENT ALTERATIONS
Nice People cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment is an acceptance of our terms and conditions.
- GOVERNING LAW
This Agreement shall be governed by English Law.
Nice People 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 website;
- 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 Nice People 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. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.