Terms and Conditions

1. Suppliers Responsibilities

(a) The Supplier will liaise with [name of the client ] in developing the new website and development project dated [date given on the quotation].

(b) The Supplier will keep all information private and confidential in accordance with The Data Protection Act 1998.

(c) The Supplier will adhere to reasonable guidelines set out by the client for testing and site launch applications.

2. Client Responsibilities

(a) The client must comply with the fact that the Supplier’s ability to provide the services is dependent on the full and timely co-operation of the client (of which the client will provide).

(b) The client must also disclose any information that will affect the outcome of the project.

(c) The client will provide any and all reasonable information, data and documentation to complete the services agreed upon. Site content including, but not limited to text and images must be supplied in electronic format wherever possible by the client.

(d) The client will provide additional costs and expenses incurred by the supplier as a result of a breach of any points laid out in this document.

(e) Once a completion date has been agreed upon between [The Company]and[The name of the client ]the client must pay the full balance of the project regardless of lack of completion due to the clients breach of terms and conditions laid out in this document.

(f) If the client fails to pay any amount payable under this agreement, the supplier shall be entitled, but not obliged, to charge the client interest on the overdue amount. The Supplier is entitled to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998.

(g) Client shall keep all materials confidential in accordance with The Data Protection Act 1998.

3. Design of the Site

(a) Once the Supplier has completed the look and feel of the template for the design the customer must sign off in accordance with [detailed in your quotation] of the stage plan, any amendments to the design template will, at the Supplier’s discretion, incur further charges.

(b) If the customer fails to respond to any requirement from the supplier to the look of the site within 10 working days, then the Supplier will assume that the site is acceptable and continue with the project.

(c) Any payments due in accordance to [detailed in your quotation ] of the stage plan, must be settled in full before continuing with the project.

4. Development and acceptance of the Site

(a) Once the Supplier has completed the development of the site in accordance to [detailed in your quotation] of the stage plan the supplier shall run acceptance tests.

(b) The acceptance tests shall test the compliance of the site with the site brief laid out in [detailed in your quotation ].

(c) Once the Supplier has completed the acceptance tests, the client will be notified via e-mail or telephone call.

(d) If any failure to pass the acceptance tests results from any defect which is caused by an act or an omission of the client, the client may be required to pay for additional support and services from the Supplier. The Supplier will provide reasonable assistance to the client but is not responsible for the failure of acceptance stages due to client omissions or acts.

(e) Acceptance tests will be deemed successful in the following events;

  • Clients use any part of the website for revenue-earning purposes; or
  • Clients unreasonably delay the start of acceptance tests.

5. Additional Services

If the Supplier provides the client with services other than stated in the stage plan, applicable charges will be added at the daily rate at that time. To avoid doubt the services do not include costs incurred by the Supplier due to the following;

  • repairs, adjustments or modifications, whether made or attempted, by persons other than authorised from the Supplier;
  • failure of the client to properly follow the procedures laid out by the Supplier;
  • misuse caused by the client;
  • omissions from the client ;

6. Warranties

(a) The Supplier shall give assistance and technical support to the client for the following ten working days after the project sign off date which is agreed by the client.

(b) The Supplier shall perform the services with due care and skill.

7. Intellectual Property Rights

a) All files and content will be turned over to the client at the conclusion of the project excluding the site template file.

b) The template file and the design created for the project will remain exclusively the property of Yellow Circle Web Solutions Limited and will be licensed for use by the Client

8. Third Parties and Sub-contracting work

In the event of any work carried out due to being sub-contracted from a third party all payments and discussion are to be carried out with the primary companies responsible for sourcing the Suppliers services.

9. Site Content

(a) The client shall ensure that all materials do not infringe any applicable laws at that time (including material that is obscene, indecent, threatening, racist, offensive or in breach of any third party intellectual property rights)

(b) The Supplier may include a link from the client’s site to http://www.yellowcircle.co.uk within the site footer.

(c) The Supplier reserves the right to use completed works for promotional purposes on http://www.yellowcircle.co.uk

10. Termination of Agreement

Either party may terminate the agreement immediately at any time during the project by written notice if:

I. The party ceases to trade

II. The party becomes insolvent

III. The party commits any material breach of this agreement

11. Payment

(a) All payments must be received via cheque 7 days prior to the payment date

(b) All payments are to be made by cheque and payable to Yellow Circle Web Solutions Limited

(c) All payments are subject to, and inclusive of, VAT.

(d) All prices shown on the website http://www.yellowcircle.co.uk are exclusive of VAT

(e) A 15% introductory discount may be given for the first website project worked on for a new client. This will clearly be indicated on the quotation/invoice provided to the client.

Site Hosting Notes and Recommendation

1. The Supplier recommends [streamline.net] as a web hosting company.

2. Domain names are purchased through [streamline.net ] and are owned by the client

3. In relation to the annual or bi-annual renewal date of the domain name, the Supplier will;

(a) Notify the client via e-mail 30 days prior to the end of term date.

(b) Include a formal quote for the price of that domain name.

4. The Supplier is not liable for loss of service due to unpaid registration fees.

5. This is not a hosting agreement. The Supplier will assist the client to host with [name of hosting company used ] but is not liable for any problems that occur as a result of hosting the site with [name of hosting company used ] including, but not limited to loss of data or services.