Definitions:
The Client: The company or individual requesting the services of TheWebster.
TheWebster: Web designer/Programmer/host of client's account.
General
TheWebster will carry out work only where an agreement is provided either by email, regular mail or in person. TheWebster 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 TheWebster and the client, this includes telephone and email agreements.
Website Design
Every endeavor will be made to ensure that the website and any scripts or programs are free of errors. However, TheWebster cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of TheWebster until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by TheWebster remain the copyright of TheWebster and may only be commercially reproduced or resold with the permission of TheWebster.
TheWebster cannot take responsibility for any copyright infringements caused by materials submitted by the client and reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
The client agrees to make available as soon as is reasonably possible to TheWebster all materials required to complete the site to the agreed standard and within the set deadline. TheWebster will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
TheWebster 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. (For example… Any disputes re content/images that have been provided to us for inclusion on the site.)
TheWebster 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.
TheWebster 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 deposit of 25% is required before any design work will be carried out and is non-refundable.
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. (For Example… 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.
Database, Application and E-Commerce Development
TheWebster cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst 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.
Where applications or sites are developed on servers not recommended by TheWebster, 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 client's responsibility to provide a suitable testing environment which is identical to the final production environment.
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The client is expected to test fully any application or programming relating to a site developed by TheWebster before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, TheWebster will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Any scripts, applications or software (unless specifically agreed) written by TheWebster remains the copyright of TheWebster and may only be commercially reproduced or resold with the permission of TheWebster.
Compatibility
TheWebster 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 6 and to an acceptable level with Mozilla browsers. TheWebster can offer no guarantees of correct function with all browser software.
Website Hosting
While TheWebster recommends and offers our own hosting services to host websites, no guarantees can be made as to the availability or interruption of this service. TheWebster 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.
TheWebster reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the TheWebster's policy that any outstanding accounts for work carried out by TheWebster is required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with TheWebster.
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 TheWebster has 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 in the jurisdiction of TheWebster, regardless of the location of the client, to pursue payment.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by TheWebster should raise the matter directly using email or by telephone to do so, giving sufficient information to locate the material and clearly outlining the grounds for complaint.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing or email to TheWebster, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
Any action taken by the Client or TheWebster will pass through the Small Claims Court in the jurisdiction of TheWebster, regardless of the location of the client.
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