To agree to our terms and conditions, please complete and submit the form at the bottom of thepage.
This is an agreement between [Client Details] For purposes of this agreement will be called the “CLIENT” And JP Design & Development, (Celia Watling T/as) located at Suite 49, Clayton House, 59 Piccadilly, Manchester M1 2AQ. For purposes of this agreement will be called the “COMPANY”
Terms of the Agreement
The client agrees to engage the Company as an independent contractor for the specific project of developing and/or improving a website to be installed on the Company hosting server or developing and/or improving the internet presence of the client.
The client hereby authorizes the Company to access an existing website and authorizes the web hosting service to provide the Company with permission to enter the client's webpage directory, cgi-bin directory, and any other such directories or programs which need to be accessed for this project.
The client also authorizes the Company to publicise their completed website to search engines, as well as other internet directories and indexes.
This agreement is between the company and the client and comes into force upon the completion of either the attached online form completion or via completion of form printed, signed, scanned and emailed back to
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or upon the payment or an official purchase order being received from the client.
The Company does not warrant that the functions contained in the website or the operation of the website will be uninterrupted or error-free. The entire risk as to the quality and performance of the website is with client. In no event will the company be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the website, even if the Company has been advised of the possibility of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
This is a legally binding agreement and is not subject to cancellation except by the conditions stated below.
Commencement:
The date upon, the online form or the emailed form, and first payment will determine the commencement of work by the Company (within 7 days of receiving deposit) and completion of work by the Company (within 30 days).
In the circumstances where a quotation has been provided by the Company (with a valid JPD reference number) then the terms of that quotation are covered by this agreement and this agreement is enforced as an addition to such a quote.
Content:
The client agrees, unless otherwise stated, that they will provide any content requested, for use within the clients website, or advertising, within 14 days from the start of the contract.
If the client does not supply the Company complete text and or graphics content all pages contracted for within 30 days, the entire amount of the contract becomes due and payable
The client agrees that if no suitable content is, or can be provided, then the client must make this known to the Design Department of the Company in writing within 48 hours and a charge of £20 will be added per page of website for any content, unless otherwise stated in writing to the client.
The client agrees with the Company that any content, images or logos, brands etc, the list is not exhaustive, supplied by the client, that the client has all legal right, title, interest and proprietary rights for the content to be used by the client. In any such case where any content images etc are supplied by the client and used by the Company, on behalf of the client, then the onus is with the client. The Company will not be deemed responsible or take any blame for usage of such material. The client therefore agrees to indemnify and hold the Company and its sub contractors harmless from all costs and expenses in connection with any claim by an individual or company with respect to any alleged infringement of copyright, trademark, service mark or misinterpretation or any other proprietary rights as a result of content used on or with any sites associated with the Company.
The Company reserves the right to withhold, refuse or withdraw any advertisement, website, graphic etc for any reason that is deemed to affect, in negative terms the business of either the client or the Company or with any sites associated with the Company
The Company reserves the right to change any content supplied by the client, but may only change the content for web marketing purposes.
The Company and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website within 20 working days of the signature on this agreement
Work included: The Company includes in any agreement or price for any website.
E-mail/skype consultation(Up to 1 hour total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use their webpage editor. Additional education and consultation is at our hourly rate.)Graphics include a banner graphic on first page (simple custom graphic incorporating company logo) and some graphics on other pages in the clients website.
Photos and other misc. graphic images supplied by client (up to an average of 5 per page in standard websites and online store article pages, in addition to banner and top-of-page graphic. These images must be colour originals and larger than 600px by 600px).
E-mail response link/ contact page to any e-mail address the client designates.
Payment of Fees:
1. Fees to the Company are due and payable on the following schedule: 50% upon signing this contract, 50% when the website has been constructed according to these terms and conditions or any quotation client's original written specifications.
2. If the total amount of this contract is less than £500, the total amount shall be paid upon signing this contract. Advertising the pages to search engines and updating occur only after the final payment is made.
3. All payments will be made in Sterling, unless otherwise agreed.
4. The client agrees that if no content has been provided or if due to this fact, or any other fact that the Company deems that the website or any other type of work carried out by the Company is finished as per this agreement or in addition any quotation given by the Company with a valid JPD reference number, then the client agrees that in such a case if after 30 days from the date of this agreement, the Company can be paid the final balance.
5. The Company reserves the right to remove websites from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
6. If the client fails to meet terms and conditions of this contract and is omitted from the Company Servers, websites or sites associated with the Company any monies paid to the Company are non refundable and no way prejudices the Company.
7. the Company or any sites associated with the Company, its successors, assignees and associates are irrevocably authorised as agents for the client to complete either or both credit or debit card payment with the name and account details of the clients bank and to present that order for payment to the clients bank, via a gateway, paypal or other, or through other means in addition to complete all payments.
8. The Company or any sites associated with the Company may only use this secure payment of monies that are already due or that may come due under this agreement.
9. The Company or any sites associated with the Company agree in compliance to the law to dispose of securely, all relevant, personal, private or useable evidence of such details, however the client agrees that the Company or any sites the Company can not be held responsible for any dispatching of these details as long as the Company can prove all necessary security steps were taken,
10. In the event of returned cheques or bank payments due to non payment the Company reserves the right to charge a £35 administration charge.
Website/Online Marketing Maintenance:
1. This agreement includes minor maintenance to regular pages (not store product pages) over a 12 month period, including updating links and making minor changes to a sentence or paragraph. As example: it does not include removing nearly all the text from a page and replacing it with new text.
2. If the client or an agent of the client, other than the Company, attempts updating the client's pages and causes loss or damage to coding etc, then time to repair the pages will be assessed at the hourly rate, and is not included as part of the updating time. The twelve month maintenance period commences upon the date the client signs this contract.
3. Changes requested by the client beyond the limits in part two of this clause will be billed at the hourly rate of £20 plus Vat as necessary. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn how to use their own webpage editor.
4. Web marketing/website maintenance is included in the quotation and or in the agreement as one hour per month or 12 hours per year. Any alterations, additions or any other format of work is charged at a noiminal labour charge of £20 per hour
5. To ensure no misunderstandings between the Company and the client, once the design has been agreed if any redesign is requested then this is not included as web marketing maintenance.
Hosting:
The client understands that the Company will host the website for one year as part of this agreement and at the end of the period a yearly administration fee of £80 for hosting the site on the Company’s server will be paid agreed 30 days before the year end. If at this point the client decides to host the website on another web hosting service this service must allow the Company full access to the website and via FTP.
Assignment of Project.
The Company reserves the right to assign subcontractors to this project to ensure on-time completion.
Laws Affecting Electronic Commerce.
From time to time Governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend the Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
Copyright to Webpages.
1. Copyright to the finished assembled work of website produced by the company is owned by the Company. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners, the Company and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
2. No notice to the Company or the client shall be binding unless sent by recorded delivery post to the registered office of the Company JPDesign-Development.com or the address of the client as stated in the invoice from the Company
Other conditions:
1. The client agrees with JPDesign-Development.com or any sites associated with JPDesign-Development.com that this agreement may be transferred.
2. This agreement may be cancelled if notice of cancellation is served within 7 days of the agreement date stated, all monies taken by JPDesign-Development.com or any sites associated with JPDesign-Development.com will be refunded less a £75 administration charge.
3. This agreement contains the entire agreement between the client and the Company. Any special terms or conditions which the client believes were incorporated into this agreement, during any conversation with a member of the Company, team or employees or salespersons must be notified to the Company in writing, by recorded delivery, within 14 days of this agreement, failing to do this will deem the matter withdrawn and it is agreed that the client will have no remedy for any untrue statement made to him upon which he relied in entering this agreement unless such terms are written within this agreement with the Company.
Sole Agreement.
The agreement contained in this "Terms and conditions” constitutes the sole agreement between the Company and the client regarding this website or online marketing services. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honoured for twelve (12) months after both parties sign or agree this contact online. .
Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Manchester, Lancashire, Untied Kingdom and any dispute will be litigated or arbitrated in the United Kingdom
