TERMS AND CONDITIONS

KBWebDesign has Terms and Conditions which are agreed to on the purchase of a service. Please can all clients familiarise themselves with this document.

The following terms and conditions apply to all website development / design services provided by KBWebDesign to the Client.
Last updated: 01 January 2022

  1. Acceptance of Terms and Conditions

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.

  1. Charges

Charges for services to be provided by KBWebDesign are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 14 days. KBWebDesign reserves the right to alter or decline to provide a quotation after expiry of the 14 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review, with the remaining fifty (50) percent of the project quotation total due upon completion of the work, or after 31 days from the intial payment, whichever is sooner, prior to upload to the server or release of materials.

Payment for services is due by bank transfer. Bank details will be made available on invoices.

  1. Client Review

KBWebDesign 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 KBWebDesign otherwise within seven (7) days of the date the materials are made available to the Client.

  1. Content Completion

KBWebDesign will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon KBWebDesign receiving initial payment, unless a delay is specifically requested by the Client and agreed by KBWebDesign.

In return, the Client agrees to delegate a single individual as a primary contact to aid KBWebDesign with progressing the commission in a satisfactory and expedient manner.

During the project, KBWebDesign will require the Client to provide website content; text, images, movies and sound files etc. to populate the website.

  1. Failure to provide required website content:

KBWebDesign 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 at least one (1) week prior to the agreed completion date. 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 ten (10) percent.

If you agree to provide us with the required information and subsequently fail to do before the agreed time, one (1) week prior to the project completion date, 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.

KBWebDesign agree to make periodical updates to any sites commissioned and hosted by KBWebDesign.  This is subject to a fair usage clause.  KBWebDesign reserve the right to refuse to update websites if such requests exceed twenty (20) hours of development time per site per annum.

NOTE: Text content should be delivered as Microsoft Word, pdf file or email 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. Content will be copied exactly and therefore KBWebDesign cannot be held responsible for any errors. Contact us if you need clarification on this.

  1. Payment

Invoices will be provided by KBWebDesign upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid 5 (5) day after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or £30 per month of the total amount due, whichever is greater.

  1. Additional Expenses

Client agrees to reimburse KBWebDesign for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc.  This payment will be required prior to the purchase of the additional required materials.

  1. Default

Accounts unpaid fourteen (10) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on KBWebDesign’s Web space, KBWebDesign will, at its discretion, remove all such material from its web space. KBWebDesign 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. Clients with accounts in default agree to pay KBWebDesign reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by KBWebDesign in enforcing these Terms and Conditions.

  1. Termination

Termination of services by the Client must be requested in an email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in an email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within fourteen (14) days.

  1. Indemnity

All KBWebDesign services may be used for lawful purposes only. You agree to indemnify and hold KBWebDesign harmless from any claims resulting from your use of our service that damages you or any other party.

  1. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants KBWebDesign 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 KBWebDesign permission and rights for use of the same and agrees to indemnify and hold harmless KBWebDesign 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 KBWebDesign that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

  1. 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 (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by KBWebDesign 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.

  1. Design Credit

A link to KBWebDesign 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 fixed fee of fifty pounds (£50) will be applied. The Client also agrees that the website developed for the Client may be presented in KBWebDesign’s portfolio.

  1. Access Requirements

If the Client’s website is to be installed on a third-party server, KBWebDesign 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.

  1. Post-Placement Alterations

KBWebDesign 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.

  1. Domain Names

KBWebDesign can purchase domain names on behalf of the Client.  Payment and renewal of those domain names is the responsibility of the KBWebDesign. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of KBWebDesign. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

  1. Renewal and Transfer

KBWebDesign accept responsibility to notify Clients of upcoming renewal three (3), two (2) and one (1) month prior to the renewal date. KBWebDesign will assume Client agreement to renew, unless otherwise notified by email, no less than fourteen (14) days prior to renewal. Clients who do not notify KBWebDesign less than fourteen (14) days from renewal will incur a fixed fee of twenty-five pounds (£25). 

All clients must pay invoices on the date shown in the email, even if a client is a day late this will incur a fixed fee of twenty-five pounds (£25) and the website will be taken offline until the renewal & fixed fee is paid in full.

KBWebDesign agree to renew domain and hosting for any sites commissioned and hosted by KBWebDesign, at a renewal cost of reight pounds (£80) per annum. Following one year of service, KBWebDesign offer a twenty-five percent (25%) discount to annual maintenance costs after the first year. This is subject to a fair usage clause. KBWebDesign reserve the right to refuse to renew websites where significant administrative or financial cost is endured. If the Client wishes to transfer domain and hosting, a fixed fee of twenty-five pounds (£25) will be incurred. Terms of payment are as aforementioned.

  1. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

  1. Governing Law

This Agreement shall be governed by English Law.

  1. Liability

KBWebDesign 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 KBWebDesign 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.

  1. Severability

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 clause.