Terms & Conditions of Business
1. For the purpose of any contract 'CTWebdesign' shall be referred to as The Company and the Client, whose name and address shall be appended to any written agreement, shall be referred to as The Client.
2. The Client may terminate the agreement at any time by giving notice of such termination in writing. The Company may terminate the agreement at any time by giving 30 days notice of such termination in writing.
3. The Client may not assign part or all of their rights under any agreement without the express permission of the Company in writing. The Company may assign its rights under any agreement and shall inform the Client of such assignment within 30 days.
4. Where design work is to be carried out by the Company the Client shall work with the Company and provide the Company with suitably composed text for each individual web page.
5. Web pages will be optimised for viewing using version 5 web browsers, to be viewed with a screen resolution of 800 x 600 pixels. The Client accepts that certain features of the web site may not work, may not be visible or may look different depending on the functionality of hardware and software used to view the site.
6. The Company will register any required domain names and provide hosting on a temporary basis until final payment is received, whereupon title to the domain name shall transfer to the Client. The web site shall then be established on the Company's hosting service.
7. In all instances, other than assignments specifically undertaken to improve search engine positions, the Company does not guarantee any specific listing position with any search engine or directory. The Client recognises and accepts that a web site without frames will perform better with search engines than a web site using frames.
8. The Company will temporarily publish any new web site on a sub-domain, optionally in a password protected area, to be viewed by the Client. Once the Client approves the site and web design as complete, satisfactory and free from error, and confirms this in writing, then the site will be published for public viewing.
9. On completion of any work to the Clients satisfaction the Client will be invoiced and any outstanding amounts shall become due immediately. Should any invoice remain unpaid for a period exceeding 30 days the Company may, without further notice or prejudice to other remedies, terminate this agreement, remove the web site from display and suspend any services. Termination for non-payment does not relieve the Client of his responsibilities under any agreement including paying all fees upto the date of any termination.
10. Domain names and hosting services are obtained by the Company through third parties. The Company acts as the Client's agent in these matters and the Client accepts that the third party has sole liability to provide such services under their own terms. The Client accepts that the operation of the web site may be interrupted from time to time to facilitate routine maintenance and other activities by the third party and that these activities are outside the Company's control.
11. It is the Clients responsibility to inspect the content of the web site for accuracy at all times. The Company does not warrant the security of any password protection, or that the web site will be error-free. At no time shall the responsibility or liability of the Company extend beyond correcting any error. The Company shall bear no liability to the Client, or any third party for any damage loss tort, delay, negligence, loss of profits, or any othere incidental, consequential, or special damages arising out of the operation of or inability to operate any part of the web site.
12. The Client hereby agrees to indemnify, hold harmless, protect and defend the Company from any claim or legal action arising from the contents of the web site. The Client shall defend and pay all costs, damages, awards, fees (including legal fees) and judgements awarded against the Company arising from such claims and shall provide the Company with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims at the Client's sole expense.
13. The Client accepts full responsibility for all credit card and other financial transactions carried out via any e-commerce web site. It is the Clients responsibility to ensure any payment methods utilised on the web site comply with the terms of contract the Client has with any bank or credit card payment service provider.
14. All design, artwork, javascript and VBscript produced by the Company shall remain copyright of the Company unless specifically agreed otherwise in writing by the Company. Upon final payment the Client is assigned rights to use as a web site the design, graphics and text contained in the finished assembled web site. Rights to graphics, javascript, VBscript, source code 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 utilised as examples of their work, and also to insert links to their own web-sites and email addresses at the bottom of all web pages.
15. These terms and conditions may only be varied by the acceptance in writing of both parties.
16. Hosting charges are subject to annual review but may not be increased by more than 10% without the prior consent of the Client.
17. English Law shall govern any agreement. The parties shall submit to the non-exclusive jurisdiction of the English courts.
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