1. Our Intellectual Copyright:
We will hold intellectual copyright of any source code, graphic designs and/or logos and site copy created specifically for the client until payment of the final invoice. At this time it will become the property of the client.
2. Clients Responsibilities with Regard to Copyright:
In situations where the client provides images, text and animations for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by us in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not 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.
3. Limitation of liability/indemnification:
Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the performance our work, whether in contract or otherwise, even if the other has been advised of the possibility of such loss or damages. Our total liability under these conditions with respect to the work, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by the client to us.
4. Search Engine Promotion:
We are not by default responsible for the client’s on-going web site promotion. If the client requires the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the search results is controlled by the search engines. We will endeavour to ensure that your site is successful in the search rankings through various methods. However, search engines frequently change their retrieval methods and we cannot be held responsible for future rankings unless otherwise agreed.
Should the client wish to cancel a project at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated.
7. Advance Payment:
We ask for a minimum deposit of £100 or 50% of the project value if that is greater. We reserve the right to request a higher deposit in certain situations.
8. Payment terms:
Payment is currently accepted via PayPal and, on occasion, Bank Transfer. If a site is hosted with us, then payment is due upon the site going ‘live’. If payment is not received by this point, then we reserve the right to suspend the site until payment is received in full. If the site is hosted externally, then payment is due in full before the code and site design can be released for upload to your hosting server.
9. Future work:
The website is provided to and accepted by the client as a fully functioning, completed work. By agreeing for the site to go ‘live’, the client is accepting that they are fully satisfied with the site. Any future structural or design changes to the site may require the issuing of a new quotation.
10. 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 regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or regulations related to a specific business or trade. We recommend that where compliance related to any website or business is complex it may be necessary for the client to take legal advice from their solicitor
11. Hacking, defacing, viruses and spyware
Hacking, defacing, virus, database and spyware injection attempts are an unfortunately common part of internet life. Whilst we build your site to be as secure as possible and we have a vast array of monitoring tools for sites hosted with us, we can accept no legal responsibility for any damages to reputation or monetary loss caused by illegal activity or the actions of others once it has been put live. If the site is hosted with us, then we will endeavour to fix the damage or restore from one of our nightly backups free of charge. If you have chosen to host our design for you at your own choice of external hosting location, then any repair work will be chargeable and a quotation will be supplied.
As per our terms and conditions, if you cancel a contracted project at any point after the work commences, you will be liable for all work charges incurred upto the cancellation point.
Once you agree for a site to go live on the internet, then you are agreeing that you are fully satisfied with the work and no future refunds can be given for the fees paid.
Generally, projects will take 5-8 weeks to complete, depending on when we receive feedback at each milestone and how much content you can provide. Upon agreeing to this proposal, we are prepared to start work immediately unless we inform you otherwise. Details of your specific timeframe will be outlined in your proposal, provided prior to commencement of work.
If you have any queries or concerns regarding our terms and conditions you may send an email to firstname.lastname@example.org or call 0208 001 1661. You can also write to us at:
HeadSmart Design Ltd.
18b Penzance Street
Or Alternatively at:
71-75 Shelton Street
HeadSmart Media is a trading style of HeadSmart Design Ltd. Company Number 09615656
If you are signed up to hosting and/or maintenance with us, terms and conditions can be found below:
- Website maintenance services by Headsmart Design are quarterly (3 month), rolling agreements.
- Payment Methods
- Monthly payments are handled by Paypal, for your peace of mind. You can use your Paypal account to pay, or pay using your credit/debit card via Paypal. We do not accept payment for these services via any other means.
- Payments are taken on a monthly basis, on the same date of each month. In the case of start dates falling on the 30th/31st, payment is taken on the first of the next month if the current month is short of days. eg. If you sign up on the 31st of July, next payment will be taken on the 31st of August, then the 1st of October, then the 1st of November, then the 1st and 31st of December. Notice that no payment was taken in September, but payment was taken roughly every 30 days.
- Termination of this agreement by you, the client.
- Clients may terminate this agreement at any time with 30 days written notice, however the remaining balance of the quarter must be paid in full.
- You may choose to terminate only our maintenance package, whilst retaining our hosting services. If so, any discounts provided as a result of enlisting both our hosting and our maintenance packages become void, and we will set up another fee and billing cycle as required.
- HeadSmart Design may terminate this agreement at anytime with written notice to the client.
- There are absolutely no refunds for any fees related to website maintenance services.
- When adding new text and/or content to a page the client is responsible for providing all text (in digital format) and images/photos. We will often try to source images for you free of charge if required, however.
- Our maintenance package consists of:
- 5 text content changes per month
- 3 image content changes per month
- 1 layout change per month
- An extra page per quarter
- Quarterly security and performance audits.
- Yearly renewal and maintenance of your SSL certificate.
- There is no roll-over for any website maintenance plan services.
- A fee of £50 will be charged if updates and/or modifications or edits are required to be completed on Saturday or Sunday, or any time outside of our normal working hours.