WiserWebTerms & Conditions
The following terms and conditions apply to all website development / design services provided by WiserWeb Ltd to the Client.
- Acceptance
- Charges
- Client Review
- Turnaround Time and Content Control
- Failure to provide required website content
- Payment
- Additional Expenses
- Web Browsers
- Default
- Termination
- Indemnity
- Copyright
- Standard Media Delivery
- Design Credit
- Access Requirements
- Post-Placement Alterations
- Domain Names
- General
- Governing Law
- Liability
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise;
- Loss or damage caused by any technical or server failure.
- Severability
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote and/or makes any payment for services, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by WiserWeb Ltd are defined in the project quotation that the Client receives via e-mail, verbally during an initial meeting, or via pro-forma invoice. Quotations are valid for a period of 30 days. WiserWeb Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty % (50) percent of the project quotation total before the work is supplied to the Client for review – a pro-forma invoice will be supplied for payment. The remaining fifty % (50) percent of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials. Should the project be delayed by the client for any reason the final stage payment will be become payable at 180 days after the date of the initial invoice. Once the project has started, should it stall at any stage due to the client not producing required materials, not corresponding or not not approving each stage as needed, payment in full will become due at 90 days following the initial invoice.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to WiserWeb Ltd and sent to WiserWeb Limited, The Old Dairy, Watton Road, Hingham, Norfolk NR9 4NN. Bank details are: Account Name: Wiser Web Limited, Sort Code: 60-24-52. Account number 15885607. Payment via card is also accepted; a card payment link is attached to the invoice email.
WiserWeb Ltd will provide the Client with an opportunity to review the appearance and content of the website/logo or other design elements during the design phase. An initial design proof is provided as a PDF or Jpeg file. Comments and feedback are welcome at this stage and all design changes will be implemented as desired. A further proof is supplied for final agreement. Once the initial design is accepted, the logo or design elements will be deemed complete and the website will then be coded. Any changes to the design or logo after coding commences are chargeable – a quotation for such changes will be provided upon notification that the changes are required. The fee will depend how far along the coding process the site has progressed, so please make sure you are totally happy with the initial design/logo before approving it for the build stage. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies WiserWeb Ltd otherwise within ten (10) days of the date the materials are made available to the Client.
WiserWeb Ltd will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at a date agreed with Client upon WiserWeb Ltd receiving final payment, unless a delay is specifically requested by the Client and agreed by WiserWeb Ltd.In return, the Client agrees to delegate a single individual as a primary contact to aid WiserWeb Ltd with progressing the commission in a satisfactory and expedient manner.
During the project, WiserWeb Ltd will require the Client to provide website content; text, images, movies and sound files as appropriate, unless it has been agreed that WiserWeb will provide these elements, which will be reflected in the costings. Should the provision of these elements not be forthcoming, WiserWeb is happy to undertake their provision, at an agreed fee.
WiserWeb Ltd is a small business, to remain efficient we must ensure that the work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do so within 14 days of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date yourself, unless you have a content management contract in place with us, when we will undertake website updating for you.
Invoices will be provided by WiserWeb Ltd. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
The Client agrees to reimburse WiserWeb Ltd for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography etc.
WiserWeb Ltd makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). The client agrees that WiserWeb Ltd cannot guarantee correct functionality with all browser software across different operating systems.
WiserWeb Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, WiserWeb Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on WiserWeb Limited’s Web space, WiserWeb Ltd will, at its discretion, remove all such material from its web space. WiserWeb Ltd is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay WiserWeb Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by WiserWeb Ltd in enforcing these Terms and Conditions.
Termination of services by the Client must be requested by a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All WiserWeb Ltd services may be used for lawful purposes only. You agree to indemnify and hold WiserWeb Ltd harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants WiserWeb Ltd the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting WiserWeb Ltd permission and rights for use of the same and agrees to indemnify and hold harmless WiserWeb Ltd from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to WiserWeb Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (via e-mail or upload to a cloud platform) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format.
A link to WiserWeb Ltd will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in WiserWeb Limited’s portfolio.
If the Client’s website is to be installed on a third-party server, WiserWeb Ltd must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
WiserWeb Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
WiserWeb Ltd may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of WiserWeb Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
UThis Agreement shall be governed by English Law.
WiserWeb Ltd hereby excludes itself, its Employees and or Agents from all and any liability from:
The entire liability of WiserWeb Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid provision.