Websitesimple - Terms and Conditions - (Last update - 7/2/2023)
(Please ensure that you read and understand these conditions before paying your advance fee.)
Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Websitesimple (WEBSITESIMPLE)
Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document.
WEBSITESIMPLE Intellectual Copyright: WEBSITESIMPLE holds intellectual copyright of any material, including source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client.
Clients Responsibilities with Regard to Copyright: In situations where the client provides images, text, animations, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright.
Certain images provided by Websitesimple may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
Registration Charges: All third party costs arising from the registration of a domain name shall be met by the Client. WEBSITESIMPLE recommend that clients register their own domain names but where we have registered a domain name on the client’s behalf we will charge a set fee plus the price of the domain name. (Prices on the websitesimple website www.websitesimple.co.uk)
Search Engine Promotion: If Search Engine Optimisation has not been agreed as part of the contract the client must be aware that WEBSITESIMPLE are not responsible for ongoing 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 we can optimise your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.
Whilst WEBSITESIMPLE endeavour to obtain a high ranking in the natural search results of the major search engines we cannot guarantee a position. The factors involved in obtaining a high ranking are vast and cannot be controlled by any company or individual other than the search engine.
If the client wishes to enter into a separate contract for Search Engine Optimisation, there will be an agreed monthly fee for the service, payable in advance.
Cancellation : 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.
Conceptualising: Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. This clearly takes a lot of time and for higher cost websites it will be included. For low cost sites (below £1000) you should be aware that (unless previously agreed) only one concept is possible. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don’t do this we will design the website appropriately. If it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.
Travel Time and Travel Expenses: Travelling time to and from customer premises is not generally included in our estimate. WEBSITESIMPLE reserve the right to make a charge for travelling time at our current hourly rate. Likewise WEBSITESIMPLE reserve the right to charge for travelling expenses based on 45p per mile. (NOTE: There will be no charges for travelling time or expenses incurred during the quotation process, i.e. before you give your approval for work to commence.)
Quotations: The price quoted to the client is for the work specifically agreed on the quotation only. Should the client decide that changes are required after work on the website has commenced there may be a surcharge.
Payment 1 - Advance Fee: An advance fee of 25% of the total cost of the project is required before work can start. Clients should only pay this advance fee if they agree to our terms and conditions. Payment of the advance will be taken as agreement.
Payment 2 - A further 25% plus (any Extra Design Revisions or Additional Content Costs) will become due after the home page has been designed
Payment 3 - The final 50% plus (any Extra Design Revisions or Additional Content Costs) will become due on satisfactory completion of the site
Payment Methods: Unless otherwise agreed, payment is only accepted by Debit Card, Credit Card, Cash, Cheque or Bank Transfer in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a returned cheque charge of £35.
Payment of Balance: The Final Invoice is only issued when clients accept that their website has been completed to their satisfaction. Payment of the balance is due immediately on completion of the website. We reserve the right not to launch a website until full payment has been received.
Late Payment 1: Any websites previously launched may be removed if payment is not forthcoming. When this occurs an additional charge of £75 will be required to have the site restored.
Late Payment 2: Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.
Website Hosting / Contact Form Enquiry Processing - Whilst Websitesimple recommends hosting companies to host websites, provide Form Processing Services, no guarantees can be made as to the availability or interruption of these services by Websitesimple and they cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Further, where WEBSITESIMPLE Hosts a website or arranges hosting this will be at an agreed fee with the Client at the quotation stage.
At ANYTIME - If WEBSITESIMPLE provides the hosting for a Client this hosting is solely for the use of the Site Designed by Websitesimple. In the future should a Client want to design / or have their site designed by a third party they will be responsible for making their own hosting arrangements for their new website. Websitesimple will of course make the process simple for the client by transferring their domain name to the hosting company of their choosing. However no pro-rata hosting refund will be due to the client for any unused hosting.
If the client wishes to transfer to a new host the client will be required to pay in advance a transferring out fee of £15 per domain name.
Future Support: Your website will be handed over as a fully functioning, completed work and Websitesimple will offer Full Support for 12 months ensuring that the website remains fully functioning. Unless it has been agreed beforehand WEBSITESIMPLE is not responsible after 12 months for the functioning / or future support of the website even if they are still hosting the website. However Support can be provided upon request for an agreed pay as you go / or monthly fee. However Websitesimple do reserve the right to refuse future support on any website following the initial 12 month period. To be clear - Your website is offered as a single contract for 12 months only and no guarantee of the availability of future support from Websitesimple is offered unless an ongoing support package has been agreed at the initial sale of the website.
Future Site and Email Problems: Problems caused by malicious software, spyware, viruses, email hacking and website hacking are a fact of life on today’s Internet. Although it is unlikely that these will affect your email / website, however WEBSITESIMPLE cannot be held responsible for problems or financial loss caused by illegal activity or the actions of others.
Access to Client Hosting Space: We may require ongoing access to our clients’ hosting space to allow us to support and monitor their websites. This access is via a user ID and password combination, which the client may change after the website is handed over. If the client chooses to change the password we will no longer have access to the website and further support will not be possible. We cannot be held responsible for any changes made to the website by the client or the client’s agents.
Compliance with Ecommerce, Accessibility or Other Regulations: We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations.
We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues may exist we recommend that the client takes legal advice from their company lawyer.
Validity of Quotation: Unless otherwise agreed any quotation provided will be valid for 30 days from the date of receipt.
Notes: Should WEBSITESIMPLE waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit WEBSITESIMPLE to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected.
WEBSITESIMPLE reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.
Websitesimple, Office 5, Blackburn Street Business Centre, 107 Blackburn Street, Radcliffe, Manchester. M26 3WQ