Standard Terms and Conditions of Business

websitemad undertakes to provide its clients with information technology and related services of the very highest quality. Part of this commitment involves demonstrating transparency throughout our business processes and being clear about our standard business practices.

Definitions

'websitemad' (our trading name), 'us', 'our', and 'we' refer to websitemad.com; 26 Millfields, Nantwich, Cheshire, CW5 5HS.
'client' or 'you' is any individual or organisation which pays websitemad in return for products or services.
'Writing' includes email to a valid websitemad e-mail address, or standard post to our office address.

The Website Development Cycle

1. The client makes an enquiry about a website stating the requirements.
2. websitemad confirms that the enquiry has been received and advises on suitable options, cost and when work can begin.
3. The client agrees upon a commission by confirming the requirements, paying websitemad a 50% deposit and supplying websitemad with any content (ie text, images, photos etc) required to carry out the commission.
4. websitemad begins work and within 2-3 days of the agreed start date, uploads a preliminary start page to websitemad's server for the client to view and comment upon.
5. Within a 2-4 week period the website is constructed on websitemad's server using feedback from the client.
6. When websitemad and the client are satisfied that the website meets the criteria agreed in the commissioning process, websitemad sends an invoice to the client.
7. When payment has been received from the client, the website is published on the client's server.
8. If the client wishes websitemad to undertake maintenance of the web site, an agreement is reached about pricing.

Quotations

websitemad will provide a free written quotation for all the work you would like done. Time for your feedback will be included in the work schedule. We will also explain how work which becomes necessary beyond the schedule will be charged.

Web design

The client agrees to make available as soon as is reasonably possible to websitemad all materials required to complete the site to the agreed standard and within the set deadline.

Once we receive your acceptance of our quotation and standard terms & conditions in writing, we will start the work specified in the quotation. We undertake to publish the completed work on a testing server for you to inspect on time, provided that feedback time has not exceeded the planned schedule. If you approve, the completed work will be moved to the agreed web address when payment for the final invoice is received.

Any additions to the brief will be carried out at the discretion of websitemad and where no charge is made by websitemad for such additions, websitemad 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.

Website maintenance

Client MAINTAINING OWN WEBSITE. In this case the client will be provided with logon details and password, using whichever software package they choose. No additional charges are made. Any page which has been amended directly by a client becomes the client's own responsibility including the provision of backups. websitemad will, at their sole discretion, offer reasonable assistance in resolving issues that arise.

websitemad MAINTAINING WEBSITE - MINOR EDITS. websitemad will, at no charge, make minor edits on request to an existing website created by websitemad. A minor edit is one of the following:

a change to or addition of a telephone/fax number, email address or postal address
a correction of a spelling mistake or other 'typo'.
a change to opening times or equivalent features.
a change to prices (limited to 20 products, thereafter chargeable)

websitemad MAINTAINING WEBSITE - MAJOR EDITS. If the client requests changes to an existing website which fall outside of the 'minor edits' defined above, websitemad will be entitled to raise a pre-agreed charge on a per occasion basis (which covers all changes made at one time), to be paid in advance. websitemad reserve the right to judge whether the scope of such a potential edit has been exceeded and actually contitutes a major site redesign.

Domain Names

Whilst websitemad cannot guarantee that a particular domain name will be available, we will search for suitable, available alternatives on request. All clients holding a domain must comply with the terms and conditions of the authority responsible for regulating the respective domain. Nominet UK regulates the .uk top level domain, and their terms and conditions can be obtained from http://www.nic.uk/.

The authorities responsible for regulating domain registrations charge an annual fee to ensure the domain name is retained by the holder and cannot be registered by someone else. Non-payment of the annual fee will result in the domain name being released as available to other users. websitemad charges a fee for the registration of the domain name for a period of two years. This fee includes the fees to the regulatory authorities.

In all circumstances, the holder of the domain name will be responsible for ensuring renewal fees are paid. websitemad will accept no responsibility for the loss of domain names or websites due to a client's failure to pay the required fees. The holder of a domain to be used in any websitemad project must ensure that administrative control of the domain is released from any previous web services provider before any work is undertaken.

Website Hosting

Whilst websitemad recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by websitemad 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.

Search Engine Optimisation

When search engine optimisation is included in the work schedule, websitemad will undertake to optimize and promote client websites as effectively as possible. However, we cannot guarantee a high position in search engine results.

Database, Application and E-Commerce Development

websitemad 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, cgi applications or software (unless specifically agreed) written by websitemad remain the copyright of websitemad and may only be commercially reproduced or resold with the permission of websitemad.

Where applications or sites are developed on servers not recommended by websitemad, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by websitemad before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, websitemad will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Compatibility

websitemad will endeavor 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 6 and to an acceptable level with Firefox browsers. websitemad can offer no guarantees of correct function with all browser software.

Copyright

The copyright for all material provided by the client, such as graphics, photographs, logos and copy, will remain with the client. The client will give websitemad the right to publish and use this material for the purpose of website construction. The copyright for all material provided by websitemad, such as graphics, photographs and text, will remain the property of websitemad until such time as payment has been made in full. websitemad will grant the client permission to use this material pending payment. Upon receipt of payment, websitemad will transfer copyright to the client.

Clients must obtain permission for websitemad to use any material which is copyright of a third party. The client will agree to indemnify and hold harmless websitemad from all claims resulting from the client's negligence or failure to obtain permission to use such copyright material.

Payment Terms / Default

A deposit of 50% of the total payment is required before work can be undertaken, once work is completed, payment in full will be required within 14 days of the date on any invoice issued by websitemad. Accounts remaining unpaid after 28 days from the date of the invoice will be deemed to be in default until such time as full payment is received. websitemad will at its discretion, disable or remove websites and other files for any client in default of payment. Such disabling or removal of material will not relieve clients of their obligation to pay any outstanding charges. For all accounts in default, websitemad reserves the right to charge incremental interest at the rate of 1% per day of the incrementing outstanding balance.

Cheques returned unpaid due to insufficient funds will incur a service charge of £25. If an account remains unpaid after 56 days of the date of the invoice, then websitemad will commence legal proceedings to recover the debt. The client will be held liable to all costs incurred by websitemad in recovering the debt.

Termination

Termination of any service provided by websitemad must be requested in writing with a minimum of 7 days notice. If websitemad wishes to terminate a service for any reason we will give 7 days notice of our intention (except breach of UK laws by the website owner).

Legal Restrictions

websitemad reserve the right to refuse to host, maintain, or service any website being used in violation of UK laws. websitemad reserve the right to remove any such material or website without giving reason or cause. However, the client is ultimately legally responsible for the content of their site.

Terms and Conditions

By agreeing to these terms and conditions your statutory rights are not affected.

Last updated 27th March 2007. websitemad reserves the right to change the contents of these terms and conditions at any time.

If you have any queries relating to our standard terms and conditions of business, email us at mail@websitemad.com