1.0 ACCEPTANCE OF TERMS
1.1 These terms and conditions represent our agreement in its entirety. This agreement will be governed by the laws of England and you hereby agree to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.
1.2 By signing a Quote Confirmation or confirming our proposal via email or in writing, you are requesting Website Vision Ltd to undertake the project detailed in our written proposal to you. Website Vision Ltd will not be obligated to provide any additional services, or extend any existing services, that are not detailed in the written proposal.
1.3 You agree to be fully responsible for any claim, expense, liability, losses and costs, including legal fees, incurred by Website Vision Ltd arising from any infringement of the terms and conditions set out in this agreement.
2.0 MODIFICATIONS OF TERMS
2.1 Website Vision Ltd reserve the right to modify these terms and conditions as required without notice and your continued use of our services will be deemed as acceptance of this agreement. Our current terms and conditions are available on our website – www.websitevision.co.uk - and we advise you to regularly check for any amendments.
3.0 LIMITATION OF LIABILITY
3.1 Website Vision Ltd will under no circumstances be liable for direct, indirect, special, or consequential damages including any loss of business, revenue, profits or data in relation to the services provided to you by Website Vision Ltd.
4.1 All intellectual property of Website Vision Ltd including but not limited to, trade names, patents and any automatic intellectual property rights derived as a result of the services provided to you by Website Vision Ltd will remain our property.
4.2 By using our services, you agree to respect the intellectual property rights of Website Vision Ltd and will refrain from copying, transmitting, lending or exploiting for commercial purpose any services provided by Website Vision Ltd other than those detailed in the written proposal.
4.3 All material produced will remain under full ownership of Website Vision Ltd until paid for in full. Any materials produced or supplied for proofing purposes, including but not limited to stationery set proofs, brochure proofs, website design concepts or CDRoms / DVD's will also remain under full ownership of Website Vision Ltd and must not be passed on to any third parties or used for any purpose other than proofing / testing.
4.4 All server-side code and hosting technology stored on our own servers, including but not limited to, Content Management Systems, E-Commerce carts, databases and booking systems will remain under full ownership of Website Vision Ltd.
5.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
6.0 PROJECT SCOPE
6.1 The project timescales will be based on those set out in our written proposal to you. Should unforeseeable circumstances arise, Website Vision Ltd retains the right to modify the project timescales should this become absolutely necessary.
6.2 In the event that the scope of the project is extended by a party other than Website Vision, we reserve the right to modify the timescales and charges accordingly.
6.3 The project will commence upon receipt of a written confirmation and a deposit as laid out in the written proposal. In order to begin the development phase of a project, we will require the text or image based content as laid out in the written proposal.
6.4 Within the design stage of a project, up to three sets are detailed changes are included within the proposal. Any additional changes requested will be quoted and charged for separately.
7.0 CANCELLATION PROCEDURE
7.1 Should you wish to cancel the project after the Quote Confirmation has been signed or at any point throughout the project, written confirmation of cancellation will be required. You will be liable for making full payment to Website Vision Ltd in line with the position of the project at the point of cancellation.
7.2 Should you wish to cancel a monthly retainer, a 60 day notice period will apply and your cancellation request must be submitted in writing.
7.3 Cancellation for hosting and CMS services must be made in writing within 14 days of the anniversary of the date on which the first hosting and/or CMS invoice was raised. If no written cancellation request is provided, the hosting and/or CMS licence will be renewed and full payment will become due within 28 days of the invoice date. If a written request for cancellation is received within the first 14 days of the renewal date, then 50% of hosting costs and the CMS licence will apply.
7.4 In the event of a breach of our terms and conditions, non-payment of your account, breaching the 28 day payment terms, or any other extenuating circumstances, we reserve the right to cancel the project and/or dis-continue providing you with our services. You will be notified of the cancellation within writing and be given 28 days to transfer your website to an alternate supplier if required. You will be liable for making full payment to Website Vision Ltd in line with the position of the project at the point of cancellation.
7.5 Website Vision Ltd will be under no obligation to supply any services to you following receipt of our cancellation documentation.
8.0 CHARGES / PAYMENTS
8.1 The project charges and payment structure are as detailed in our written proposal to you. These charges will not be modified throughout the duration of the project, other than in the event of the project scope being extended or modified.
8.2 Should you wish to modify / extend the contents of the written proposal in any way, or wish to request additional services from Website Vision Ltd, you agree to pay all applicable charges for such services.
8.3 For all GoCardless payments, your designated bank account will be charged automatically each month. You will receive an invoice within the first 7 days of each month. For any failed or cancelled payments, a £20 administration fee will be levied, plus a late payment fee of £10.
9.0 DEBT MANAGEMENT POLICY
9.1 If payment due to Website Vision Ltd is not honoured by the due date which will be within 28 days of the invoice date unless otherwise specified, we reserve the right to make an administration charge of £75 + vat at the prevailing rate for all invoices that are not paid in full within the 28 day terms.
9.2 Should you fail to make payment to Website Vision Ltd for any service/s within the terms detailed on the invoice, you will receive a letter or email requesting payment. Failure to comply with the terms of the letter or email will result in a suspension of any services provided and we will be under no obligation to provide notice of the suspension.
9.3 Website Vision Ltd reserves the right to make a further administration fee to re-activate any suspended services.
9.4 Website Vision Ltd will not be obligated to make any payment of compensation for loss of business due to the suspension of services.
9.5 In the event that you agree a maintenance contract with Website Vision Ltd, the services provided within the maintenance contract will be based on the timescales detailed within the written proposal. Any work requested outside of the maintenance contract will be quoted and charged for on an as-and-when-needed basis.
10.0 CLIENT LIABILITIES
10.1 You agree that the information that you have provided us with is accurate to the best of your knowledge and is in no way misleading.
10.2 You agree that the information that you have provided us with does not infringe any law, or the rights of any person/s or company.
10.3 You agree that all material supplied to Website Vision Ltd is free for use and adaptation and can be reproduced without infringing any third party rights or breach of any court order.
10.4 You agree to respect the confidentiality of any information learned about Website Vision Ltd including our personnel, technology and client base, and will not disclose such information to any third parties.
10.5 You will not attempt to procure services or advice from any Website Vision Ltd employee or Director on a freelance basis during the period that you are procuring services from Website Vision Ltd.
10.6 If instructing Website Vision Ltd to undertake a print project on your behalf, you agree that you will be responsible for error checking the proof provided. Once you have instructed us to send the project to print, we will not be liable for any errors or omissions. In the event of a re-print being required, you accept that it is your responsibility to cover any re-print costs.
10.7 You agree to conduct yourself in a professional manner during any communication or meetings with Website Vision Ltd Directors and Employees. Website Vision Ltd does not tolerate threatening behaviour or abuse and subject to severity, this may incur legal action.
11.0 COMPLAINTS PROCEDURE
11.1 In the unlikely event that you have any grievances with the service that you are receiving from Website Vision Ltd, please ensure that these are documented at the point that they arise and addressed to the Managing Director in order that they may be satisfactorily dealt with.