Terms & Conditions - Mark Radford Design
Terms & Conditions
Terms and ConditionsIntroductionOur Terms & Conditions are written in plain English and protect both you the Client and ourselvesby managing your expectations of the project. Please read through them carefully and if there areany aspects, which you do not understand, please contact us:By emailBy phoneIn writingmark@markradforddesign.com07972 240 929104 Station Road, Hatfield, Doncaster, South Yorkshire DN7 6QLYou are accepting these Terms & Conditions when you place an order with us, by clicking toAccept Your Proposal, Signing Your Agreement Form, paying the deposit for your Project ORusing any “materials” which we have produced in any way whatsoever. These Terms & Conditionswill not be varied other than as agreed in writing by us.Mark Radford Design’s registered office is 104 Station Road, Hatfield, Doncaster, South YorkshireDN7 6QL. Mark Radford Design www.MarkRadfordDesign.com104 Station Road, Hatfield, Doncaster, S Yorkshire DN7 6QLPage 2 of 30
Terms and ConditionsTable of ContentsIntroduction . 2Table of Contents . 3Definitions. 5Projects . 71. Starting Your Project . 72. Timeframes. 73. Communication . 74. Meetings . 8Web Design . 91. Bespoke Website Design . 91a. Website Theme Installation . 92. Setting Up Your Website .103. Support & Training .104. Adding Content To Your Website .115. Making Amendments To Your Website .126. Testing Your Website .127. Making Your Website Live .128. Editing & Updating Your Website .139. Copyright of Your Website .1310. Backup of Your Website .14Web Hosting & Domain Names . 151. Introduction .152. Duties .153. IP Addresses .154. Software License & Rights .155. Service Levels & Data Backups .166. Acceptable Use Policy .167. Alterations & Updates .178. Domain Name Registration .179. Scripting .1810. Transfer .1811. Server Usage.1812. Email Newsletter .1813. Webspace Usage .1914. Mail Boxes .19Graphic Design . 201. Corporate Identities .202. Printing .20Ongoing Success Packages . 211. Engagement .212. Period of Project .213. Duties & Responsibilities .214. Monthly Fees .22 Mark Radford Design www.MarkRadfordDesign.com104 Station Road, Hatfield, Doncaster, S Yorkshire DN7 6QLPage 3 of 30
Terms and ConditionsTerms of Business . 231. Fees .232. Charges & Payment Arrangements .233. Joint Instruction.244. Term & Termination .245. Relationship .256. Limitation of Liabilities.267. IPR .268. Privacy .269. Confidentiality .2610. Notices .2711. Warranties .2712. Client Obligations.2713. Force Majeure .2814. Severability .2815. Indemnity .2816. Assignment .2917. Suppliers .2918. Data Protection .2919. Entire Agreement .2920. Law & Jurisdiction .3021. Waiver .3022. Modification .3023. Contact Details .30 Mark Radford Design www.MarkRadfordDesign.com104 Station Road, Hatfield, Doncaster, S Yorkshire DN7 6QLPage 4 of 30
Terms and ConditionsDefinitionsIn these Terms & Conditions the following words and expressions shall have the followingmeanings:“Mark Radford Design” ‘us’, ‘we’, ‘our’ or ‘ourselves’ means “Mark Radford Design”.‘Client’ ‘you’ ‘your’ or yours’ means any party who ‘is paying for’, ‘has paid for’, ‘hascommissioned’, ‘has requested’ or ’has received’ any Services or Materials supplied byourselves.“Agreement” means the agreement between us to provide Services and/or Materials inaccordance with these Terms & Conditions and as detailed in the Proposal.“Deposit” means a sum of up to 50% of the fees to be paid as specified in the Proposal.”Downtime” means any service interruption on the availability to Visitors to the Website.“IP address” means the Internet protocol address, which is the numeric address for theserver.“IPR” means intellectual property rights and includes any patent, trade marks, servicemark, registered design, copyright, design right, right to extract or exploit informationfrom a database, database rights, knowhow, confidential information for processes, anyapplication for any of the above and any other intellectual property right recognised in anypart of the world whether or not presently existing.“ISP” means the Internet service provider.“Materials” means any artwork, graphic design, web design, logo design, slogans, SearchEngine Optimisation, video, photography, copy, text and content in its entirety or in part,which we have produced or inspired.“Partner Companies” means any company, through which we choose to promote andsell our services.“Project” means an agreement to provide certain Services and/or Materials within atimescale and in accordance with the fee and details specified in the Proposal.“Proposal” means a written document setting out the Services and/or Materials to beprovided by us in connection with a Project including full details of the Services and/orMaterials together with timescales and fees payable.“Server” means the computer server equipment operated by or on our behalf inconnection with the provision of the Services. Mark Radford Design www.MarkRadfordDesign.com104 Station Road, Hatfield, Doncaster, S Yorkshire DN7 6QLPage 5 of 30
Terms and Conditions” Services” means all or any of the following: - web hosting, domain name registration,email hosting, web design, website theme installing, web development, webprogramming, branding, promoting, graphic design, logo design, slogan creation, onlinemarketing, offline marketing, training, printing and any other related services or facilitiesprovided by us.“Spam” means sending unsolicited and/or bulk emails.“Virus” means a computer programme that copies itself or is copied to other storagemedia, including without limitation magnetic tape cassettes, memory chips, electroniccartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causesdamage to the user’s files or creates a nuisance or annoyance to the user and includeswithout limitation computer programs commonly referred to as “worms” or “Trojanhorses”.”Visitor” means a third party who has accessed the Website. Mark Radford Design www.MarkRadfordDesign.com104 Station Road, Hatfield, Doncaster, S Yorkshire DN7 6QLPage 6 of 30
Terms and ConditionsProjects1. Starting Your Project1.1You accept your most recent Proposal, agree to the scope of the Project as detailedin that Proposal and agree to our Terms & Conditions when you place an order withus, by clicking to Accept Your Proposal, Signing Your Agreement Form, paying thedeposit for your Project or using any “materials” which we have produced in anyway whatsoever.1.2Your Project will ‘start’ when the Deposit has been paid, any Fact Finds have beencompleted in full, all of your content is prepared and sent to us in an appropriateformat.1.3The Deposit is non-refundable and non-transferable.2. TimeframesThe dates and times quoted in the Proposal are approximate and we are not liable for any delay.We shall use reasonable endeavours to meet the dates given; however time shall not be of theessence. Any delays shall not entitle you to discontinue the Project.3. Communication3.1During the Project we will communicate with you through Basecamp, emails,Skype, phone calls and meetings at our sole discretion.3.2We may require your input into the Project during this process and it is yourresponsibility to reply promptly.3.3Any major delays in your communication during this period could result in theProject being taken from its time slot and given a later completion date, orcancelled completely.3.4We aim to respond to your communications within 4 working hours.3.5We may also provide out of hours service to the best of our ability only in any oneof these three emergencies:3.5.1Your website has stopped working (if we are hosting it)3.5.2Something has happened to your website which has made itunusable3.5.3Your emails have stopped working (if we are managing them) Mark Radford Design www.MarkRadfordDesign.com104 Station Road, Hatfield, Doncaster, S Yorkshire DN7 6QLPage 7 of 30
Terms and Conditions3.6If we are unable to contact you via emails, phone calls or in writing, for a period ofmore than 30 days during a Project, we may cancel the Project, retain all moniesalready paid and invoice you for any outstanding work or materials.4. Meetings4.1Any meetings throughout the project will be at our sole discretion and may incurtravelling expenses if they are not held at Mark Radford Design Headquarters.4.2Meetings are to be arranged at a time that is mutually convenient.4.3Additional meetings outside what we deem appropriate for the Project can bearranged and will be charged at our hourly rate. Mark Radford Design www.MarkRadfordDesign.com104 Station Road, Hatfield, Doncaster, S Yorkshire DN7 6QLPage 8 of 30
Terms and ConditionsWeb DesignIf we are replacing an existing website with a new one, it is your responsibility to save yourexisting website and we will not retain any aspect of it. We will presume you have done thisbefore paying the Deposit.1. Bespoke Website Design1.1We will start by producing the initial design for the front page in accordance withthe Proposal1.2Only one design will be produced unless specifically stated in the Proposal.1.3When the initial design has been produced we will provide up to four hoursconsultation on changes to reach the final design.1.4We will then produce the initial designs for the remaining key pages of your website: Main Page Sub Page Blog Summary Page Blog Post Page Contact Page Legal Pages1.6Unless otherwise stated in the Proposal, we will provide up to four hoursconsultation on changes for all of the remaining pages to reach the final design forthe whole site.1.7If more consultation is needed to work on the design, then additional hours will becharged at our hourly rate.1.8When the final design has been approved by you, any further changes will incurextra costs.1a. Website Theme Installation1.1aWe will choose up to 3 Themes for you to choose from1.1aWe will correctly install your chosen WordPress Theme Mark Radford Design www.MarkRadfordDesign.com104 Station Road, Hatfield, Doncaster, S Yorkshire DN7 6QLPage 9 of 30
Terms and Conditions1.2aYou are then entitled for up to 2 hours of modifications to the theme, to get it toyour exact liking. However, there may be certain limitations as to what we canchange, depending on the specific design of the theme. If you require any furthermodifications after that, then it will be chargeable.2. Setting Up Your Website2.1All WordPress Websites we make LIVE are setup in accordance with our WordPressSpecification.2.2When building websites, we may use third party software and services (such asWordPress, WordPress Themes, WordPress Plugins, Magento, X-Cart, HeartInternet etc.), we are not liable for any failure or problems with such software orservices.2.3We will endeavour to resolve the issue for you. If there is a problem with the codewe produce, then we will fix the problem free of charge up to 14 days after theProject has been completed, if notified in writing and provided the code has notbeen changed.3. Support & Training3.1Unless otherwise stated in the Proposal, we will, within the first 14 days,provide up to 2 hours online and telephone support & training on your website,PLUS our instruction provided electronically. During these training sessions wewill show you how to:3.1.1Edit and update pages on your website3.1.2Create new pages3.1.3Edit and update your blog3.1.4Add images to your website3.1.5Configure featured areas of your website3.1.6Optimise your website with keywords, titles and descriptions3.1.7Add videos that have already been uploaded to YouTube3.1.8Add downloadable PDFs to your website3.1.9Use aspects of your website that are specific to the Project. Mark Radford Design www.MarkRadfordDesign.com104 Station Road, Hatfield, Doncaster, S Yorkshire DN7 6QLPage 10 of 30
Terms and Conditions3.2If you fail to arrange or use your support & training during this 14 day period thenyou will forfeit your right to any support or training and will be invoiced for theremaining balance of your Project.3.3Any support & training outside of this allotted timeframe, or in person will becharged at our hourly rate.3.4Unless otherwise stated in the Proposal, support & training are to take place onlineand over the phone.3.6Training sessions are to be arranged at a time that is mutually convenient, withinthe 14 day time frame.3.7Personal training will be delivered for up to three people. If you require training tobe delivered to a larger group of people, then there may be additional charges.4. Adding Content To Your Website4.1We will add up to ten pages of content, which must be provided to us in anappropriate digital format.4.2Unless otherwise stated in the Proposal, you will be responsible for adding theremaining content to your website in terms of text and photos.4.2You are responsible for securing permission to use any material on your websiteincluding photographs, artwork, music, video and copy.4.3If you require help writing your text or sourcing images, then we can provide thisservice to you for an additional charge.4.5You accept sole responsibility for and the backing-up of your website.4.6You have sole responsibility for the contents of your email messages and yourwebsite. You agree not to do anything, which would restrict or inhibit any otheruser from using the Internet. You further agree not to use our system to send anymessages or material that are unlawful, harassing, libellous, abusive, threatening,harmful, vulgar, obscene or otherwise constitute a criminal offence, give rise to civilliability or otherwise objectionable or violates any applicable local, national orinternational law or regulation. We reserve the right to terminate your account inour sole discretion if we become aware that you are in breach of this requirement.4.7We add Sample Legal Documents to your website for you. These include PrivacyPolicy, Website Terms & Conditions, Website Disclaimer & Internet CopyrightNotice. PLEASE NOTE that these are only samples and need to be edited andverified by your legal advisor before your website goes LIVE. We do not accept anyresponsibility for any loss or costs incurred as a result of your use of these LegalPages. Mark Radford Design www.MarkRadfordDesign.com104 Station Road, Hatfield, Doncaster, S Yorkshire DN7 6QLPage 11 of 30
Terms and Conditions5. Making Amendments To Your Website5.1When a website is constructed, there are occasionally small errors or problemsrequiring correction. We ask that you keep a note of these and send us onecomplete list of amendments when you have finished adding content. We will alsocompile our own list.5.2Amendments will cover errors to the website only, and does not include anychanges to the design or architecture of the site.5.3We will combine your list of amendments with our own to produce one finalamendment list.5.4Any additional changes after this final list has been approved will be chargeable.5.5You will have ten working days from the website being made available to you, topresent your list of amendments. The project will then be deemed complete andyou will be required to pay the outstanding balance.5.6If any major changes are required, which fall outside the scope of the Proposal,there will be additional costs.5.7If there are any disputes relating to your website and the scope of the Proposal,then our decision will be final and binding. Any additional work will be completedat our absolute discretion.5.8All our websites come with a 14 day warranty. Any errors relating to the websiteduring this period will be fixed free of charge. Any errors or omissions discoveredafter this time will be chargeable at our hourly rate.6. Testing Your Website6.1Your website will be tested to the best of our ability across all the major websitebrowsers including Internet Explorer 7, 8 & 9 and the latest versions of Firefox,Google Chrome and Safari.6.2We make no guarantee or allowances for the appearance of website on anyBrowser or mobile device which is not specified in the Proposal.7. Making Your Website Live7.1To make your website LIVE you must be up to date with your payment terms. Mark Radford Design www.MarkRadfordDesign.com104 Station Road, Hatfield, Doncaster, S Yorkshire DN7 6QLPage 12 of 30
Terms and Conditions7.2We recommend that all websites are made LIVE at a weekend or when there will befewer visitors.7.3We attempt to make this transition as smooth as possible and any problems thatarise will be dealt with as quickly as we are able.7.4There can be a disruption to your email service and/or web service for up to 48hours. Various servers around the world can take up to 48 hours to acknowledgeany changes we may have made in the implementation of your website.7.5The final payment is required in accordance with your payment terms, regardless ofwhether you have managed to add all of your content or not.8. Editing & Updating Your Website8.1You will be given editorial rights relating to the day-to-day running of your website.You will be able to:8.1.18.1.28.1.38.1.48.1.58.1.68.2Add and delete pagesEdit pagesManage your blogUpload Media such as images and PDFsOptimise your website for keywords, page descriptions and titles.Edit key areas of your website such as phone number and email addresses.Full administration rights are reserved to us, but may be passed over to you, shouldyou request them. However, this will negate us from any problems that may arisewith the website.9. Copyright of Your Website9.1We retain all IPR in any web design that we produce in part or in full.9.2If we have installed a WordPress Theme then we may need to credit its originaldesigner with the Copyright for that design on your website9.3We reserve the right to use your website, marketing materials and any artwork weproduce for you, to promote our business through whatever means we feel isappropriate. This will be within our own marketing materials and those of ourPartner Companies.9.4We grant you an exclusive licence to use your website design and/or artwork toexclusively promote your business indefinitely. Mark Radford Design www.MarkRadfordDesign.com104 Station Road, Hatfield, Doncaster, S Yorkshire DN7 6QLPage 13 of 30
Terms and Conditions9.5If you are a franchisee, the e
Terms and Conditions Page 2 of 30 Mark Radford Design www.MarkRadfordDesign.com 104 Station Ro
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