This complete website and all its contents text, images and photos is the copyright of Delicious Webdesign and may not be reproduced without our written permission. All rights reserved. Any person or company undertaking the services of Delicious Webdesign agrees to the terms and conditions as laid out here.
Delicious Webdesign Terms and Conditions of Business
Definition of our terminology as used within this document:
- A ‘Project’ is any work undertaken or service provided by Delicious Webdesign for the Client on their request and as described in our confirmation order email to that Client.
- A ‘Client’ is a person, persons, business or organisation using any of the services provided by Delicious Webdesign.
- ‘Live Mode’ means the date the website is available on the Client’s chosen domain.
- ‘Domain’ is the website address as specified by the Client.
- ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
- ‘Hosting’ is a bi- yearly cost to keep a client’s domain / email and website activated online.
- ‘Content’ is both text and images that the Client requires on the website.
- ‘MB’ stands for megabytes and is a measure of storage space.
Delicious Webdesign Terms & Conditions
- The contract between Delicious Webdesign and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
- The works to be carried out shall be as set out in the Delicious Webdesign confirmation order email.
- Email will be the method of contact with regard to all communication for the website design & development. It is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. Delicious Webdesign cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. Delicious Webdesign will acknowledge all emails within 3 working days. Our telephone support line is for website support issues only.
- If a customer’s conduct via telephone is considered unreasonable we will insist on email communication only. Delicious Webdesign reserve the right to cancel a contract should customer contact be in breach of our anti-harassment policy (*). Calls made to our office are monitored and recorded.
- Delicious Webdesign will only commence work on a Project after receipt of a non-refundable, 50% deposit of the quoted Project fee from the Client.
- The deposit paid to Delicious Webdesign covers the cost of design work carried out as well as any admin work and communication with Delicious Webdesign. The deposit is non-refundable.
- Upon approval of the home page design of the client’s website the client shall pay 25% of the full website cost within 30 days. If payment is not received, the project may be terminated without a refund of any previous payments. The final 25% payment of the quoted price is to be made on completion of the website and within 30 days. The website will be switched to Live Mode once the Clients remaining balance is paid in full. If payment is not received within 30 days the project may be terminated without a refund of any previous payments.
- The unlimited design revisions offered by Delicious Webdesign end when the client makes the second payment of 25% of the full quoted price. Design changes beyond this point are subject to additional charges.
- Delicious Webdesign shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate legally. It is important that the website is not in any way illegal.
- It is important for the Client to keep in contact with Delicious Webdesign throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 3 attempts to contact the client by email using the email address specified when the client placed their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. We will levy a £50 admin charge if the client later returns and wishes to continue work on their project.
- Where images used on the website have been purchased by Delicious Webdesign on behalf of the Client, these images are strictly for use on the website only. Delicious Webdesign are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
- Delicious Webdesign will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Delicious Webdesign will endeavor to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
- All standard hosting offered by Delicious Webdesign is limited to 1GB of website space unless otherwise stated in a separate contract. If your site requires more than 1GB of space we will advise of other hosting solutions and then upgrade the hosting or potentially cease hosting the site.
- Delicious Webdesign cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by Delicious Webdesign.
- Where asked to provide search engine optimisation for a Client, Delicious Webdesign cannot guarantee any specific placement or high ranking on search engines.
- Delicious Webdesign does not take any responsibility for a client’s website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client’s website, there could be a change in the websites search engine ranking.
- Delicious Webdesign will provide the Client with an expected completion date for the Project (live on the internet) if requested. Delicious Webdesign will endeavor to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Delicious Webdesign is purely an estimate.
- It is the Client’s responsibility to check with Delicious Webdesign whether Open Source Software is being used or not.
- The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Delicious Webdesign or the Client.
- Delicious Webdesign owns all the design, text, images and website code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by Delicious Webdesign for the Client, unless the images have been supplied by the Client. Images purchased by Delicious Webdesign are licensed only for use on the client website whilst managed and hosted with Delicious Webdesign. If the client wants to move their website away from Delicious Webdesign then the stock images purchased will be removed and will need to be re-purchased by the client.
- All images displayed on the Client’s website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Delicious Webdesign, they will be the sole responsibility of the Client. This clause excludes images which are provided by Delicious Webdesign.
- Domain names will be registered by Delicious Webdesign and also registered to the Delicious Webdesign current address. On completion of the design process and when the full payment is made, the ownership and copyright of the final website is automatically transferred to the client. Client will own the website in full, but does not have the right to sell copies of the website or to copy the code for any other projects.The Client doesn’t automatically get a soft copy (digital backup) of the website (database / code). The website (code and database) could be supplied on request subject to our standard website charges.Any bespoke functions or programming used or created as part of the website design will not be included in the website transfer unless agreed otherwise and an agreement signed that will limit distribution and future sales of the bespoke function.
- A domain name will be registered by Delicious Webdesign on behalf of the client once we have received the 50% deposit, 25% design payment, 25% final payment and a completed creative brief.
- It is the responsibility of the Client to renew their domain names when due. If under our management Delicious Webdesign will renew a domain automatically for the standard 2 year period but if no renewal instruction or payment is made and if a domain name expires, Delicious Webdesign cannot be held liable for this. However, Delicious Webdesign will make every possible and reasonable effort to contact the Client regarding domain renewal, where automatic renewals will normally occur in the absence of cancellation instructions.
- When a Client renews Hosting with Delicious Webdesign, which happens automatically on the anniversary of the website project / domain purchase / website transfer this will normally include the domain, hosting, email, security & performance package and software licences required as well as the SSL certificate, if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package.
If the Client fails to pay for their website / email / domain Hosting and / or states they do not want to renew the domain / hosting then the domain name and website may be lapsed and not renewed and could be made available to other companies to purchase by transferring ownership of the domain and website to a 3rd party company. Delicious Webdesign reserves the right to transfer ownership of surrendered domains / websites to another company or itself for SEO / Marketing purposes. Delicious Webdesign cannot be held liable for any damage to reputation, loss of earnings as a result of not paying for renewal or surrendering the website / domain making it available to other companies via a transfer of ownership.
- Renewal of Hosting is due on a two yearly basis. The date of renewal will be annually from the date the website was transferred or purchased. Domain / Hosting renewal will be automatic but if Delicious Webdesign cannot contact the Client or if no renewal payment is received in time or the Client requests for Delicious Webdesign to cancel / lapse the domain / hosting then the renewal may not occur, the cancellation will need to be 45 days before the renewal date. We will renew the domain / hosting automatically if no cancellation is received if we suspect reasonably that the business is still operating normally and the delay in payment could be due to human error and oversight. If no renewal is received and the hosting period lapses then we reserve the right to register the domain / website to Delicious Webdesign or offer it for sale to another company for SEO / Marketing purposes.
- Renewal for Domain / Hosting / Email / SSL / Security and Performance and other services if applicable are charged on a 2 year / bi-yearly basis and there will be no discounts / reductions given for early release from a renewal / hosting term, so that the full 2 years renewal will be payable.
- The Domain / Hosting renewal charge must be received within 45 days of the Domain / Hosting expiry date. Delicious Webdesign reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Delicious Webdesign for reactivating the Domain / Website / Hosting.
- If the Client does not use Delicious Webdesign Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
- Should a Client wish to move Hosting away from Delicious Webdesign or transfer a Domain name away from Delicious Webdesign, Admin charge will be issued depending on what is required, which must be paid before the transfer takes place. These charges are displayed on the website and may vary over time.
- Delicious Webdesign has no control of, or legal responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client’s websites constitute Delicious Webdesign endorsement, or approval of the website or the material contained within the website.
- Delicious Webdesign has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. Delicious Webdesign provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
- Delicious Webdesign shall place a small text link on the footer of a Clients website that simply states the website was designed by Delicious Webdesign and links to our company website. The client’s website may also be displayed on the Delicious Webdesign website portfolio pages that may be on multiple sites.
- Delicious Webdesign is not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.
- If a Domain name is purchased by the Client through a company other than Delicious Webdesign, the Client has full responsibility in making sure that the domain name is renewed when due. Delicious Webdesign will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Delicious Webdesign.
- Delicious Webdesign makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
- If a website owner wants to transfer a website away to another service provider / website design company then a 30 day period of notice will be required and the standard admin charges will be invoiced to facilitate the transfer.
- If the client employs a 3rd party website design / SEO company and requests FTP or Admin access to their website / server which is under a managed hosting plan we reserve the right to refuse this for the security, integrity and safety of the website and server. If the client gives CMS Admin access to a 3rd party the client without our knowledge or permission then the client is accepting liability for any problems with content or functionality that can be influenced by editing, removing, adding or updating plugins and/or settings. We reserve the right to cancel the hosting contracts if we find that 3rd parties are updating the website without our permission. Any issues arising that require Delicious Webdesign to resolve will be charged at our standard hourly rate.
- Full Administration access to the website is a essential requirement of all websites managed / hosted by ourselves, the business owner / website owner will not be granted full admin access due to the potential security / integrity problems this could attract, the website owner / operator can be given access to the website that allows they to edit / update page ‘content’ (roles could include ‘editor’ and ‘shop manager’ for Wordpress sites).
- If a domain and website transfer is requested (for a client that wishes to move to another website designer / website hosting company. The transfer could include the domain / website / email account(s) including website code / database(s) / email accounts and would require transfer codes to be supplied by Delicious Webdesign to the client or the new website design / hosting company. This will require Delicious Webdesign to charge the appropriate fees according to its standard website charges.
Typically a full domain / website transfer will require the standard ‘Transfer Domain’ charge to supply the EPP code or update the IPS tag, it would require code and database backups and export to a file transfer program as well as email accounts that can be supplied backed up to a compressed file and transferred to a file transfer system or program. These charges are liable to change and can be undertaken on request. Unless otherwise agreed, all backlinks (links created to SEO / promote the site) created as part of the website design / SEO project will be removed.
- All website support requests (website updates / transfers / hosting / upgrades / changes) are subject to the standard website charges that may be updated / varied without notice.
- All domain / hosting transfers away from Delicious Webdesign, typically to another website designer, will not include the license for any software used, typically a Wordpress Website has 3-4 licensed pieces of software that will need to be re-licensed by the client once the website is transferred away. Delicious Webdesign will de-activate / remove all licenses from software used on a website before it is transferred away. Legally the software will need to be licensed immediately the website is put live on another server.
(*) Delicious Webdesign will not tolerate any form of harassment against it’s employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only.
Intellectual Property (IP)
The client will not hold Delicious Webdesign responsible for any infringement of copyright relating to text or images and photographs contained within designs. It is the sole responsibility of the client to ensure that no copyright infringement will occur in the use of their company name. Refunds will not be made in cases of such copyright infringement.
We ensure that we take every precaution to ensure that the designs we use are original and do not infringe upon any existing trademarked design. Should this unlikely event occur then the limit of our liability will be a proportional price related to the website package purchased, i.e. the client will be offered a partial refund related to their initial purchase. Unapproved website designs shall remain the copyright of Delicious Webdesign and may not be copied, sold, reproduced without the company’s specific written permission.
Delicious Webdesign reserves the right to reproduce any of its text and artwork, including approved web sites, for promotional purposes.
Once work is completed by Delicious Webdesign the full and correct payment as stated in the final invoice must be made and received by Delicious Webdesign within 7 days of the invoice date. The invoice is normally issued the day the work is completed and signed off.
Normally a 50% non-refundable deposit is required prior to commencement of work. For clients that are unknown and new to Delicious Webdesign and overseas companies Delicious Webdesign reserves the right to invoice with a payable on receipt of Invoice.
Only in very special circumstances will a smaller deposit be accepted before work commences.
Under the terms of the Late Payment of Commercial Debts (Interest) Act 1998, Delicious Webdesign we are entitled to levy interest as well as a fee for late payment compensation on overdue debts. The Late Payment Fee is currently levied at £250.00
Please be aware that, non-payment to the agreed terms will affect your credit rating adversely
In the event of payments being received for work completed after the 7 day invoice date period .payments will be credited first to late payment charges & next to the unpaid balance. The Client shall be solely responsible for all collection and / or legal fees necessitated by late or defaults of payment.
Delicious Webdesign reserves the right to put a website live or withhold delivery and transfer ownership of a website or of any work if accounts are not current or overdue invoices are not paid 100% in full.
All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any & all outstanding Additional Costs, Taxes, Expenses, & Fees, Charges or the costs of Changes.
Clients may request website revisions providing they give clear and concise feedback and that the process converges.
The design process will terminate when the client gives final approval of a website. This will normally be done using the review form or by email.
All liabilities for errors, changes, or alterations become the responsibility of the client, once a design has been approved.
On completion of the design process, the ownership and copyright of the final website is automatically transferred to the client’s name. The client will not have full access to the database / code (software) unless that is requested and the standard charges are applied.
Delicious Webdesign reserves the right to verify the credit rating of any individual person or company using Delicious Webdesign Services. Their Credit information that is discovered could well result in clients being asked to pay the full amount for the work required prior to commencement or they may be required to pay a higher percentage deposit to what was previously decided.
After the website or project is completed then further revisions can be made to the website or project and will be charged at a rate of £35 per hour (with a minimum of half an hour). The client will be sent an invoice via email once the agreed post-completion revision is completed.
Delicious Webdesign aims to increase visitor numbers, search rankings and the website conversion rate but no guarantees can be given to the improvements.