1. Payment and Provision of Work

1.1. No work shall be carried out on behalf of the client until an initial forty percent deposit payment has been received and cleared into Web SW' banking facilities.

1.2. Upon receipt of full deposit, basic design concepts will be issued for the client's viewing and approval (in the case of web design, these will be published online via our private server).

1.3. Web SW reserves the right to delay work until a satisfactory credit check has been carried out against the client company.

1.4. Upon completion of this stage, Web SW will request an acceptance confirmation for the basic design concept either via email or by signing off on a print-out of the design. The project completion work will commence upon receipt of this document.

1.5. Web SW will not use the client design for any other client without the client's previous knowledge or permission.

1.6. The client must notify Web SW of any material supplied that is to be returned to the client.

1.7. Web SW will provide a five working day period for testing between releases of draft versions. Where no comment or feedback is received from the client within this time, Web SW will assume that the client has agreed to the design provided. No requests for change will be entertained after this time, until the next release.

1.8. Communication between Client and Company is crucial during this phase to ensure that the ultimate publication will match the Client's needs.

1.9. Web SW reserves the right to assign certain subcontractors to any project to ensure the right fit for the job as well as on-time completion.

1.10. Web SW will assume a project to be completed after the initial project requirements have been technically and adequately met. Upon completion of the site (or design), an email, facsimile or letter will be sent to the client, advising the client that work has been completed

1.11. Final payment of the remaining sixty percent balance will be needed within 14 days after delivery of this email.

1.12. Payments from clients must be made via company or personal cheque, Standing Order, BACS or Direct Debit.

1.13. Web SW reserves the right to charge late payment fees and interest in the case of overdue client payments under the 'Late Payment of Commercial Debts (interest) Act 1998'

1.14. In cases of late payment, Web SW reserves the right to suspend any services supplied to the client including, but not limited to website hosting and email facilities. We reserve the right to do this without prior notice.

1.15. Overdue payments shall be automatically passed to a Web SW appointed debt-collection agency, after forty days of non-payment. The client shall assume responsibility for any additional costs accrued to Web SW by taking this action.

2. Cancellation

2.1. The client may request a cancellation of a project within seven days of deposit payment. All monies paid to that date would be refunded in full to the client. After this period, Web SW will retain any payments made.

2.2. Web SW reserves the right to terminate any design, and retain any payments made, in instances where the client fails to respond to a Web SW enquiry within thirty days, without advance notice of absence.

3. Amendments

3.1. Web SW reserves the right to adjust any previously projected invoice amount in the event of the client or authorised body amending the project requirements throughout the design or development process. The client shall be notified where changes requested will affect the final projected invoice balance.

4. Web Hosting

4.1. In the case of the Client arranging website hosting, The client is fully responsible for ensuring that the hosting server is capable of receiving the files and that an adequate package has been provided.

5. Domain Names

5.1. In the case of the Client having already purchased or already owning their domain name, Web SW shall be permitted to transfer it to UKReg.com and become the technical and admin contact, to allow full, fast and unhindered control over the domain in case of future technical problems. This may incur a renewal fee on the domain name.

6. Administration, Consultancy and Costs

6.1. Web SW reserves the right to charge additional costs (based on £30.00 per hour) for liasing with external companies on the client's behalf. (Example: Discussions with the client's hosting company.)

6.2. The client shall be charged at £50.00 per hour for any on-site consultancy/meeting time that is requested by the client.

6.3. The client shall reimburse Web SW fully for all costs incurred in the course of providing their services, including, but not limited to: office consumables, telephone calls, travel expenses, meals and accommodation.

7. Copyright and Ownership

7.1. Web SW retains full ownership and copyright of the client web or graphical design until final payment(s) has been received from the client.

7.2. Web SW reserves the right to include images of the client design in any Web SW newspaper, magazine, television or website promotional campaign. Web SW will seek written permission from the client, where any such promotion may have a negative impact upon the client name or brand.

7.3. Web SW retains ownership of all working files produced during the design process. Upon request, these may be purchased by the client for a negotiated fee.

8. Back-up Copies

8.1. For a fee of £25, Web SW will provide the client with one backup copy, on compact disc or DVD, of all completed web files. While Web SW retains backup copies for its own purposes, these files may be archived or deleted at any time by Web SW.

8.2. Web SW will retain a permanent backup copy of the client website at a cost of £25.00 per annum, payable in advance, at the client's request. In this instance, two backup copies will be retained. One of which will be located in a secure off-site environment.

8.3. Additional copies of completed files may be provided at £25.00 per compact disc + postage where applicable.

9. Website Credits

9.1. Unless otherwise explicitly specified in the project requirements, Web SW reserves the right to place a small and unobtrusive "Credits" button or link on the client's home page or within the main menu with a link to a special Credits page within the client's website. In turn, this will feature a link to the Web SW website, which will open in a new browser window. The client will in no way be charged for these additions. This should be considered in the same way as a book publisher's logo and may not be removed or altered by the client.

9.2. The client may remove the "Web Design by Web SW" logo by providing a one-off payment of £600.00 to Web SW.

10. Miscellaneous

10.1. The client must provide contact details for at least one person within their company who is capable of dealing with any issues relating to the design project.

10.2. The client is responsible for providing any company logos, literature, images video or audio that are to be used within the design.

11. Nondisclosure

11.1. Web SW will not disclose any information provided by a client to any external source, without notice to the client. Likewise, the Client will not disclose any information provided by Web SW to any external source, without notice to Web SW.

12. Liability

12.1. Web SW will provide, free of charge, any fixes to problems experienced by the core design of the website, where the problem is reported within thirty days of completion and where no custom modifications have been made to the files originally provided to the client. If the error is caused by any client modifications, YourWebWork's relevant charges per hour will be levied to the client in respect of correcting the error(s).

12.2. Where the client provides any content to Web SW to place upon the client website, the client is fully responsible for ensuring that the content is free from any copyright issues. Web SW assumes no responsibility for content that is placed upon a website at the client's request.

12.3. Web SW will be under no liability if it should be unable to carry out its obligations under a contract for supply of services as a result of any cause beyond its control such as but not limited to: Act of God, War, Strikes, Lock-out, Flood, Supply of services from 3rd party, Theft of Computer systems.

12.4. Web SW shall under no circumstances whatsoever be liable for any indirect or consequential loss by the Client howsoever caused.

12.5. Web SW' liability in respect of breach of non-performance shall be limited to the contractual value of the service to which the claim relates.

13. Laws affecting Electronic Commerce

13.1. The Client agrees that they are responsible for complying with such laws, taxes and tariffs and will hold harmless, protect and defend Web SW and its sub-contractors from any claim, suit, penalty, tax or tariff arising from the client's use of Internet Electronic Commerce. Client also understands that Web SW cannot provide any legal advice.

14. Maintenance Agreements

14.1. Maintenance agreements are negotiated on a client-by-client basis and each client will have differing needs. If you have chosen a maintenance agreement, the terms of which will be listed in the appendix to our agreement.

14.2. Web SW offers two kinds of maintenance agreements. In one, the Client pays a one-off, fixed, pre-paid annual amount (Retainer) for changes such as changing prices to an item, adding additional inventory or making moderate graphic changes. In the other agreement, the Client pays on an 'as needed' hourly basis, in hour increments with a smaller, fixed, pre-paid 'Retainer' fee.

14.3. If a maintenance agreement has been selected with Web SW and the Client or an agent of the client other than Web SW attempts to update the site on their own and damages the design or impairs the ability for the WebPages to display or function properly, time to repair web pages will be assessed at the appropriate hourly rate. There is a 1-hour minimum. In this regard, Clients are encouraged to obtain a maintenance agreement with Web SW

Terms and Conditions are subject to change without prior notice.