Terms & Conditions

 
Hamlin Web Design Terms & Conditions

Definition of Hamlin Web Design terminology as used within this document:

• A 'Project' is any work undertaken or service provided by Hamlin Web Design for the Client on their request and as described in Hamlin Web Design's confirmation order email to that Client.
• A 'Client' is a person, persons, business or organisation using any of the services provided by Hamlin Web Design.
• 'Live' means the first date at which the website is available on the Client’s chosen domain.
• 'Domain' is the website address as specified by the Client.
• 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
• 'Third Party Software' is any software not developed by Hamlin Web Design.
• 'Web Hosting' is a yearly cost to keep a Clients website active and 'live' online.
• 'Content' is both text and images that the Client requires on the website.


Terms & Conditions

• The contract between Hamlin Web Design and the Client will be on these conditions, to the exclusion of all other terms and conditions.
• Quotations submitted by Hamlin Web Design shall remain open for acceptance by the Client for a period of 14 (fourteen) days from the date of the Quotation (unless in the Quotation some other period is specified) or when Hamlin Web Design withdraws the Quotation.
• The works to be carried out shall be as set out in the Hamlin Web Design signed work confirmation. If the Client requests any work that is not specified on the confirmation this work is treated as extra work and is chargeable.
• Should the domain name become unavailable for whatever reason, Hamlin Web Design will not be held responsible and will propose a new domain name for registration. The new domain name will not affect the present contractual agreements made and the Client agrees that they are still subject to the same fees and charges.
• Email will be the method of contact with regard to all communication regarding billing. Although Hamlin Web Design can be contacted by telephone, post and email, Hamlin Web Design will use email as the method of billing communication and therefore it is the Client's responsibility to inform us of any change in email address so Hamlin Web Design always have up to date email contact details. Hamlin Web Design can not be held liable in any way relating to billing communication issues if the Client has not acted on these email notifications. Delivery receipt to be treated as delivery.
• Hamlin Web Design will only commence work on a Project after receipt of a non refundable, 25% deposit of the quoted Project fee from the Client. The final 75% payment is to be made on completion of the work. The website will be switched to 'Live' once the Clients remaining balance is paid in full. If the Client has any invoices that remain unpaid 30 days after invoice due date, Hamlin Web Design maintains the right to suspend or terminate any or all of the Clients services. (Note hosting will automatically be suspended after 30 days until payment has been received, Hamlin Web Design has no control over this, it is the Clients responsibility to pay due invoices)
• The deposit paid to Hamlin Web Design covers the cost of design work carried out as well as any administration work and communication with Hamlin Web Design. The deposit is non refundable.
• The Client shall make all payments due to Hamlin Web Design by cheque (supported by an appropriate cheque guarantee card) or by bankers draft or in cash or by telegraphic or electronic transfer direct to the company bank account or by arranged Direct Debit (and in each case in pounds sterling).
• Hamlin Web Design shall expect the Client to carry out sufficient research in terms of legality before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Hamlin Web Design is in no way responsible for anything that appears or does not appear on any of the Client’s websites, its legality or otherwise, it is up to the Client to ensure their website displays both legal and correct information.
• It is important for the Client to keep in contact with Hamlin Web Design throughout the entire Project. If a Client does not make contact after Hamlin Web Design have emailed them, Hamlin Web Design will wait until they do. If after an attempt by us to make contact the Client has not responded the Project may be terminated, and the deposit will not be refunded.
• Where images used on the website have been purchased by Hamlin Web Design on behalf of the Client, these images are strictly for use on the website only. Hamlin Web Design are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
• Hamlin Web Design will host the website if the Client requires us to do so and on receipt of full payment of Hamlin Web Design's Hosting fees. In doing so, Hamlin Web Design will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond Hamlin Web Design's control. Hosting is based on fair usage policy as determined by Hamlin Web Design.
• Hamlin Web Design cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered or not offered by Hamlin Web Design. (Including any suspended services due to non payment of due bills)
• Where asked to provide search engine optimisation for a Client, Hamlin Web Design do not guarantee any specific placement or high ranking on search engines.
• Hamlin Web Design will provide the Client with an expected completion date for the Project (live on the internet) if requested and will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date.
• If the Client wishes to use any Open Source Software or Third Party Software, it is the Client's responsibility to address their concerns with Hamlin Web Design prior to website development commencing. Hamlin Web Design is not responsible for any functionality or lack of within Open Source Software or Third Party Software.
• If the Client wishes to use any Open Source Software then the Client shall not be charged for Open Source Software, only Hamlin Web Design’s time in installing/customising/modifying said software. If there is a charge for a website using Open Source Software, the Client is paying for the installation and customisation time. Open Source Software is not owned by Hamlin Web Design or the Client.
• Hamlin Web Design own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software or Third Party Software is used. Images will have been purchased by Hamlin Web Design for the Client, unless the images have been supplied by the Client.
• All images displayed on the Client's website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Hamlin Web Design, they will be the sole responsibility of the Client.
• Domain names are registered to the Client. The Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Hamlin Web Design will do this within a reasonable timeframe.
• A domain name can be registered by Hamlin Web Design on behalf of the Client once Hamlin Web Design have received the 25% deposit
• It is the responsibility of the Client for renewal of their domain names when due. If the Client allows a domain name to expire Hamlin Web Design can not be held liable for this.
• It is the responsibility of the Client for renewal of their Web Hosting when due with Hamlin Web Design. The Client will be notified by email when their hosting is due for renewal. If the Client does not pay for their hosting when it is due, hosting will be automatically suspended. Hamlin Web Design can not be held liable for any issues that the Client may encounter with their Website when the Client has not paid due Invoices.
• Renewal of Web Hosting, after initial inclusion period (usually 12 months), is due on a monthly basis (paying yearly is an option if desired). The Web Hosting will not be renewed if the Client does not pay their invoices when due and will be automatically suspended. The Client will be notified when their hosting is due. Hamlin Web Design can not be held liable for any issues that the Client may encounter with their Website when the Client has not paid due Invoices.
• The Web Hosting renewal charge must be received within 10 days of the Web Hosting due date. Hamlin Web Design reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There may be an additional admin fee set by Hamlin Web Design for reactivating the website/Web Hosting.
• If a Domain name is purchased by the Client through a company other than Hamlin Web Design, the Client has full responsibility in making sure that the domain name is renewed when due. Hamlin Web Design will not renew the Domain name when annual Web Hosting renewal is due if the Domain name is purchased through a company other than Hamlin Web Design.
• If the Client does not use Hamlin Web Design Hosting or Domain services, then the management and Hosting of the Domain name are the full responsibility of the Client.
• Hamlin Web Design has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of the Client's web sites constitute Hamlin Web Design endorsement, or approval of the website or the material contained within the website. Hamlin Web Design has not verified any of the materials, images or information contained within the Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. Hamlin Web Design provides links or references to the Client's website's solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
• Hamlin Web Design are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.
• Hamlin Web Design makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
• Hamlin Web Design shall be entitled to sub-contract any work relating to the Contract without obtaining the consent of, or giving notice to, the Client.
• Hamlin Web Design is not responsible for the Client’s on-going web site promotion. Should the Client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While Hamlin Web Design can optimise the site for this Hamlin Web Design are unable to make any guarantees about the success of any search engine promotion activity.
• Should the Client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
• Failure to Provide Required Website Content: To remain efficient Hamlin Web Design must ensure that work Hamlin Web Design have programmed is carried out at the scheduled time.
  Hamlin Web Design ask that the Client provide all the required information in advance. On any occasion where Hamlin Web Design cannot progress a Client’s website because the Client has not provided the required information when agreed to do so, and Hamlin Web Design are delayed as a result, Hamlin Web Design reserve the right to terminate the project.
  If the Client agrees to provide Hamlin Web Design with the required information and subsequently fails to do within four weeks of project commencement Hamlin Web Design reserve the right to close the project.
• Text content should be delivered as a Microsoft Word (or similar) document with the pages in the supplied document representing the content of the relevant pages on the website. These pages should have the same titles as the agreed website pages.
• The price quoted to the Client is for the work agreed on the quotation only. Should the Client decide that changes are required after work on the website commences, then Hamlin Web Design will accept these changes with the provision that additional charges may have to be negotiated.
• The website is provided to and accepted by the Client as a fully functioning, completed work. Hamlin Web Design is not responsible for future support. This support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.
• It is expressly agreed between the Client and Hamlin Web Design that the liability for any damages arising out of provision of the services under this agreement to the Client by the Hamlin Web Design whether caused by negligence of Hamlin Web Design, it's employees, agents and subcontractors or otherwise is limited to actual damages, but shall in no event exceed £100.00.
• (a) Hamlin Web Design shall, cause each of the Representatives working on the projects, to keep all Confidential Information of the Client or the Clients customers confidential, not to disclose it to any third party without the prior written consent of the Client or the Clients customers, and not to use it for any purpose other than that for which it was provided to Hamlin Web Design.
  (b) Hamlin Web Design shall only disclose Confidential Information to those Representatives who need to know the same for legitimate business purposes.
  (c) The Client and its Representatives similarly agree to maintain information regarding Hamlin Web Design’s processes, tools, methodologies and any other Confidential Information of the Agency strictly confidential, and the foregoing paragraphs shall apply equally to the Clients obligations Hamlin Web Design.
  (d) Notwithstanding the above, Confidential Information shall not include any information which
  (i) is available to the public, or becomes available to the public other than as a result of an improper disclosure hereunder,
  (ii) was previously known to the party obligated hereunder, or
  (iii) becomes available to the obligated party on a non-confidential basis from a source other than the disclosing party, provided the source is not known by the obligated party to be in violation of a confidentiality obligation to the disclosing party.
• In the event any one or more of the provisions of this Agreement and/or Project Brief shall be held invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Project Brief shall be unimpaired and the Agreement and/or Project Brief 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, illegal or unenforceable provision.
• The Client shall indemnify Hamlin Web Design and keep Hamlin Web Design indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement by a third party of any patent, registered design, unregistered design, design right, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by Hamlin Web Design with the Client’s instructions, whether expressed or implied.