Last Updated: 4th September 2013
WEBSITE DESIGN AND DEVELOPMENT AGREEMENT
This Website Design and Development Agreement (hereinafter referred to as the "Agreement") between GreenIST (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer")
Parent will carry out work only where an agreement is provided either by email, telephone or ticket enquiry. Parent will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Parent and the Customer, this includes telephone, Ticket and email agreements.
1. Website Design
Any additions to the brief will be carried out at the discretion of the Parent and where no charge is made by The Parent for such additions. The Parent 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.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, The Parent cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming code remain the property of the Parent until all outstanding Payment of Development are paid in full.
A deposit of 25% is required with any project before any design work will be carried out.
(1) The Parent cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
(2) Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by the Parent remains the copyright of GreenIST LTD and may only be commercially reproduced or resold with the permission of the Parent.
(3) The customer agrees to make available as soon as is reasonably possible to Parent all materials required to complete the site to the agreed standard and within the set deadline.
(4) The Parent will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
(5) The Parent will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
(6) The Parent will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Customer or any of the Customers appointed agents.
(7) The Parent will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are NO exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been completed. Non payment will result in legal action being taken if necessary.
2. HTML, CMS and E-Commerce Development
The Parent 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.
The Customer is expected to test fully any application or programming relating to a site developed by the Parent before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, The Parent will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the original brief.
3. Compatibility
The Parent will endeavour 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 Google Chrome and to an acceptable level with Mozilla Firefox browser and Internet Explorer. The Parent cannot offer a guarantees of correct function compatibility with all browser software.
4. Website Hosting
Web hosting services is not restricted to those provided by the Parent. Hosting Purchased from Parent is subject to its own terms and conditions. The Payment of Development will remain as a separate transaction from all Hosting Services, Domain Services and Digital Certificates.
5. Payment of Development
A deposit is required from any new Customer before any work is carried out. It is the Parents policy that any outstanding development balance for work carried out by the Parent or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with the Parent.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact Customers via email only to remind them of such payments if they are not received when due.
If development charges are not settled or the Parent have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating. (Hosting Services, Domain Services and Digital Certificates are considered separate transactions and will not be effected)
Following consistent non-payment of an invoice our Solicitors will contact the Customer in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary a court summons.
6. Complaints Procedure
1.Informal complaints procedure
Anyone who experiences a problem with their website design and development service provided by the Parent should raise the matter directly using our online Website Development Ticket System. giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. Images can be uploaded to the ticket system so you can screen shot the defective material. The Parent will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
2.Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made to the Adminstrative Department of the Parent, using the Admin Ticket System who will acknowledge receipt and ensure that the matter is looked into as soon as possible.An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.