Website Design Terms of Business

1. AGREEMENT

“Company” means Total SEO & Marketing Ltd, Old Printers Yard, 156 South Street, Dorking, Surrey, RH4 2HF

“Client” means the person, firm or company who purchases the use of the Web Site from the Company, whose details are included in the Invoice, and requests that the Company maintains the Web Site in accordance with this Agreement;

This agreement describes the basis on which the “Client” engages the “Company” for Website Design & Development services. The “Company” agrees to perform the work as set out in the Web Proposal for the total amount quoted.

The “Company” shall create a fully functional web site consisting of 1 hour Design & Development work for every £75 which totals the amount quoted in the Web Proposal. If the assets provided by “Client” causes the web site to exceed the number of hours stated, the fee specified shall be adjusted as stated in “Revisions”.

2. PAYMENT OF FEES

Fees to the “Company” are due and payable either in full prior to starting any work, or on the following schedule: 50% upon signing this agreement, and the final 50% when the web pages have been constructed according to the “Website Design Specification”, unless otherwise agreed in writing.

Revisions The “Company” shall be given the first opportunity to make any revisions requested by the Client. If the revisions are not due to any fault on the part of the “Company”, additional revisions shall be quoted at a rate of £75 per hour and paid to the “Company”.

Permission from the “Client” is required in writing before revisions are made.

3. GRANT OF RIGHTS

Upon receipt of full payment, the “Client” shall be the owner of the web site but shall have the right to use the web site design for this particular web site only. In addition, the “Client” shall have the right to use assets supplied by the “Company” only for the web site. The HTML & PHP files, images files, CSS files, animations, JS files, and related assets supplied by the “Company” may not be used by the “Client” apart from their use on the web site.

4. RESERVATION OF RIGHTS

All rights not expressly granted shall be reserved to the “Company”.

5. RELEASES

The “Client” warrants that it has the right to enter into this Agreement and that the “Client” owns or has obtained appropriate web site usage rights for any assets supplied by the “Client” to the “Company”. The “Client” shall indemnify and hold harmless the “Company” and its subcontractors against any and all claims, lawsuits, costs, and expenses, including reasonable attorney’s or lawyer fees, arising in connection with the web site. This indemnification shall extend to assets obtained by the “Company” on the “Client”‘s behalf if the “Company” has secured either exclusive or nonexclusive world web site usage rights.

6. CLIENT RESPONSIBILITIES AND CONFIDENTIALITY

Any and all assets (text, content, images) that the “Client” is to supply for the web site shall be delivered to the “Company” before project commencement. The “Client” shall proofread and edit such assets prior to delivery to the “Company”.

The “Company” agrees that any asset supplied by the “Client”, whether for the web site or in relation to the business purposes for its development, shall be treated as confidential and neither disclosed to third parties nor used in any way other than for the development of the website. At the completion of work, the “Company” shall return to “Client” the assets supplied by “Client”.

The “Company” reserve the right to terminate the agreement in the following circumstances:

• The “Client” does not contact / respond to requests by email or telephone within ten (10) working days
• The “Client” deviates from the “Website Design Specification” without paying additional fees if required to do so and quoted on additional work required
• The “Client” fails to provide content and any additional information requested by deadlines stated.

In the event of any of the above stated occurrences, the “Company” may terminate the agreement in writing. Should the “Company” proceed with a termination, no refunds will be made and the “Company” will retain any amounts already. Should the “Client” wish to resume the agreement, a written request must be sent to the “Company” for consideration within ten (10) working days of termination date.

7. INTEGRATION WITH THIRD PARTY SERVICES

The “Client” agrees that should the “Company” undertake any tasks dependent on third party services Including but not limited to 3rd party API’s, website services, and libraries, e.g. (Twitter API, Google Maps API, Facebook API) the “Company” cannot be held responsible for changes made to the third party service in question. E.g. (3rd party removes support, or changes the way in which a API, website service, or library is implemented).

Should any further work be required in this situation, the “Company” will be required to quote and charge for the additional work.

8. JURISDICTION & GOVERNING LAW

This agreement is to be governed by the laws of England and Wales and the parties hereby submit to the jurisdiction of the courts of England and Wales and of the courts hearing appeals from those courts.

9. ENTIRE UNDERSTANDING

This contract constitutes the sole agreement between the “Company” and the “Client” regarding this project. It becomes effective only when the “Client” makes payment of the initial 50% of the Website Design Invoice. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Company.

The “Client” confirms that they have read and understand the terms set forth in this agreement.

All terms are contingent upon strike, accidents, or other causes beyond our control.

These terms and conditions relate specifically to website development and should be read in conjunction with our company terms which can be found here: https://www.total-seo.co.uk/2007/12/total-seo-terms-conditions/