|
|
Web design terms and conditions
By placing an order with David Williams, you confirm that you
are in agreement with and bound by the terms and conditions
below.
Definitions:
The Client : The company or individual requesting the
services of David Williams.
David Williams: Primary designer/SEO & employees,
affiliates or associates.
General
David Williams will require a 50% deposit before commencing any
work. This deposit is non-refundable and will go toward the time
spent in Research & Development at the beginning of the project.
Client agrees to pay 50% of Total Order and that 50% of Total
Order (based on quote provided) must be received and cleared
PRIOR to starting project. David Williams requires 50% of the
total order to be paid in advance before work is started on
design project. The remaining 50% balance must be paid in full
AFTER completion of the design(s) and approval of the design(s),
then the Client will receive completed package.
David Williams will carry out work only where an agreement is
provided either by email, telephone, mail or fax. David Williams
will carry out work only for clients who are 18 years of age or
above. An 'order' is deemed to be a written or verbal contract
between David Williams and the client, this includes telephone
and email agreements.
Website Design
Whereas every endeavor will be made to ensure that the website
and any scripts or programs are free of errors, David Williams
cannot accept responsibility for any losses incurred due to
malfunction, the website hosting or any part of the scripts or
third party software.
The website, graphics and any programming code remain the
property of David Williams until all outstanding accounts are
paid in full.
Any scripts, cgi applications, php scripts, or software (unless
specifically agreed) written by David Williams remain the
copyright of David Williams and may only be commercially
reproduced or resold with the permission of David Williams.
David Williams cannot take responsibility for any copyright
infringements caused by materials submitted by the client. The
Client hereby releases David Williams and agrees to hold David
Williams free from harm from any and all legal actions or
monetary settlements arising from the client providing David
Williams with unlicensed/illegal images or content to be used
for the development of their design. We reserve the right
to refuse any material of a copyrighted nature unless adequate
proof is given of permission to use such material.
Any additions to the agreed project provided will be carried out
at the discretion of David Williams and applicable design, SEO
and maintenance fees will apply.
The client agrees to make available as soon as is reasonably
possible to David Williams all materials required to complete
the site to the agreed standard and within the set deadline.
David Williams will not be liable for costs incurred,
compensation or loss of earnings due to the failure to meet
agreed deadlines.
David Williams will not be liable or become involved in any
disputes between the site owner and their clients and cannot be
held responsible for any wrongdoing on the part of a site owner.
eg. Any disputes re content/images that have been provided to us
for inclusion on the site.
David Williams will not be liable for any costs incurred,
compensation or loss of earnings due to the work carried out on
behalf of the client or any of the clients appointed agents.
David Williams will not be liable for any costs incurred,
compensation or loss of earnings due to the unavailability of
the site, its servers, software or any material provided by its
agents.
A non-refundable deposit of 50% is required with all of our
projects before any design work will be carried out.
Once a website has been designed and completed the final balance
of payment is then due in accordance with our payment terms.
There are no exceptions to this, i.e If the client decides they
no longer want the site, as they have commissioned the work and
paid a deposit they are still obliged to pay for the work that
has been done. Non payment will result in legal action being
taken if necessary. Once full payment is received for a website,
it is assumed that the project has been completed to the clients
satisfaction and no refunds can be offered.
Database, Application and E-Commerce Development
David Williams cannot take responsibility for any losses
incurred by the use of any software created for the client.
Whereas every care has been taken to ensure products are problem
free and accurate, the ultimate responsibility lies with the
client in ensuring that all software is functioning correctly
before use.
Any scripts, applications or software (unless specifically
agreed) written by David Williams remain the copyright of David
Williams and may only be commercially reproduced or resold with
the permission of David Williams.
Where applications or sites are developed on servers not
recommended by David Williams, the client is expected to provide
or seek any information, additional software, support or
co-operation pertaining to the server required in order for the
application to be correctly developed. Where large applications
are to be developed, it is the clients responsibility to provide
a suitable testing environment which is identical to the final
production environment.
The client is expected to test fully any application or
programming relating to a site developed by David Williams
before being made generally available for use. Where "bugs",
errors or other issues are found after the site is live, David
Williams will endeavor (but is not obliged to) to correct these
issues to meet the standards of function outlined in the brief
Compatibility
David Williams will endeavor to ensure that any
developed/designed site or application will function correctly
on the server it is initially installed in and that it will
function correctly when viewed with the web browsing software
Microsoft Internet Explorer Version and to an acceptable
level with Mozilla browsers of the date of publishing. David
Williams can offer no guarantees of correct function with all
future browser software updates.
Website Hosting
Whereas David Williams recommends hosting companies to host
websites, no guarantees can be made as to the availability or
interruption of this service by David Williams cannot accept
liability for losses caused by the unavailability, malfunction
or interruption of this service, or for loss of turnover, sales,
revenue, profits or indirect, consequential or special loss.
David Williams reserve the right to refuse to handle in any way,
material which may be deemed offensive, illegal or in any way
controversial.
Website Optimization
Due to external factors, such as changes to the way search
engines rank websites, David Williams cannot offer any
guarantees regarding the position we will achieve for websites.
The process of optimizing websites itself will bring in more
traffic and hits and you'll see visits increase to your site
naturally. We cannot accept liability for any change in
rankings, or drop off in the position of your website due to
changes in the algorithms of the search engines or the factors
that they use to rank websites.
David Williams reserve the right to refuse to handle in any way,
material which may be deemed offensive, illegal or in any way
controversial.
Payment of Accounts
A deposit is required from any new client before any work is
carried out. It is David Williams' policy that any outstanding
accounts for work carried out by David Williams or its
affiliates are required to be paid in full, no later than 30
days from the date of the invoice unless by prior arrangement
with David Williams.
Once a deposit is paid and work completed you are obliged to pay
the balance of payment in full. We will contact clients via
email and telephone to remind them of such payments if they are
not received when due.
If accounts are not settled or David Williams have not been
contacted regarding the delay, access to the related website may
be denied and web pages removed, we will then pass such cases to
the Small Claims Court to pursue payment, non payment can result
in Allegany County court judgments being added to the clients
credit rating.
Your Privacy
We do not share or sell any of your details with third party
companies, without your express permission and we will only
email you or contact you about work related matters.
Unpaid Works Remain the Property of David Williams
Further, you understand that all works and intellectual
properties created by David A. Williams are protected by US and
International Copyright Laws and the Digital Millennium
Copyright Act of 1998.
Below
are links to help you better understand your limitations of
usage and legal obligations to David A. Williams as the owner of
said copyrighted works.
Copyright Links
http://www.copyright.gov/fls/fl102.html
title 17, U. S. Code
www.copyright.gov/legislation/dmca.pdf
We Hate Spam Too
We hate SPAM too and we appreciate the trust you place in
us. See our Privacy Policy
for more details.
See also: Legal,
Legal FAQ
created March 2003
last revised July 2010
In the case of my untimely demise or
disability; monies owed to David A. Williams are to be paid in
full with due diligence to my wife, assignee and proxy; Cathryn
L. Williams.
Download & Save Your
Client Website Planner
Ready to get started
with your web design, website redesign or Organic SEO project?
Click the link or icon below to download and save your
copy of
David Williams Client Website Planner
Simply
complete the form as accurately as possible, save it, and return
it to David Williams as an Email attachment.
Click here to contact David Williams today and
learn more about Affordable Web Design - Professional Web
Development - Search Engine Optimization and Marketing for your
organization. |
|
 |
| |
|
"Your Web Site should be an Investment,
not an expense." |
| |
|
 |
| |
|
 |
| |
|
 |
| |
|
