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a. These Terms and Conditions shall apply to the provision of Services by Webfuel Ltd to their client .
b. In the event of conflict between these Terms and Conditions and any other terms and conditions of you, the former shall prevail unless expressly otherwise agreed by us in writing.
2. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means a day (excluding Saturdays) on which banks generally are open for the transaction of normal banking business (other than solely for trading and settlement in Euros);
“You”, “The client” means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which purchases services from Webfuel or places an order with Webfuel;
“Services” means the services to be provided by Webfuel to the client as set out in the agreed project schedule;
“The Company”, "Us", "We" means
13 Woodroffe Way
Company number: 6312575
“Terms of Payment” means the terms of payment of fees as set out in the Schedule
We will carry out work only where an agreement is provided either by email, telephone, mail or fax. We 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 Webfuel and you, this includes telephone and email agreements.
a. Website Development Projects
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, We 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 We until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by We remain the copyright of We and may only be commercially reproduced or resold with the permission of We.
We cannot take responsibility for any copyright infringements caused by materials submitted by you or used by you in the future on your website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
The projects official start date is the date your first payment clears and the funds are accessible in We's bank account. This start date is then used to calculate the ETA (estimated time of arrival) date based on the number of days the project will require based on this project quotation document.
ETA’s are estimated times of arrival and are not guaranteed. We will try its best to meet all ETA’s however cannot be held liable if the project is delayed due to 1) a delay in passing information to us such as text copy, approval of work, signing off work etc 2) technical issues 3) employee sickness 4) 3rd party issues and 5) Force majeure (act of God).
If you edit any part of any code we have built for you during the development stages or during the free bug fixing period this will void all free bug fixes and any bugs that require fixing will be charged at the current coding rate at that time. We request that you refrain from editing any code during the development stages as just a small change can have a very large negative impact on other areas of a system.
You should change any passwords given to you upon receipt and every 3 months to increase security for your own protection. You should change any passwords you have given to us when we no longer require any access for your own protection. We cannot be held liable for any access violations resulting from access details remaining the same as during the development and bug fixing stages.
Once a stage has been “signed off” all work within that stage will be considered final and fully approved by you. Any further change to work that has been signed off may require an additional “bolt on” contract to cover additional work required.
It is your responsibility to ensure that any briefs we ask you to sign off are fully correct and complete prior to signing them. Any errors or omissions on any briefs are your sole responsibility and we will not be held liable.
We are not responsible for your on-going website promotion within your project quotation unless otherwise agreed. Should you require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results are controlled by the search engines. While we can professionally optimise your website for this we are unable to make any guarantees about the success of any search engine promotion activity as we do not own the search engines or control their 'rules' on how they would list a website.
It is your responsibility to write all text copy for your website and / or systems. If the text copy is not provided at least 2 weeks prior to the ETA date we will populate all text areas with 'dummy text' and continue as if the text was provided. At the end of the project the remaining payment will be due. We will then add your text when it has been provided to us in full and do this free of charge at that time. Text should be provided to us in a digital format i.e., email, word document, text document, etc. We are not liable for any mistakes in any text i.e., spelling and grammar.
b. Database, Application and E-Commerce Development
We cannot take responsibility for any losses incurred by the use of any software created for you. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with you in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by We remain the copyright of Webfuel and may only be commercially reproduced or resold with the permission of Webfuel.
Where applications or sites are developed on servers not recommended by Webfuel, you are 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 your responsibility to provide a suitable testing environment which is identical to the final production environment.
You are expected to test fully any application or programming relating to a site developed by Webfuel before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, We will endeavour (but are not obliged to) to correct these issues to meet the standards of function outlined in the brief.
We will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrong doing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
We will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of you or any of your appointed agents.
We 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.
In no event shall we be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk. If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result. We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.
We will endeavour 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 and to an acceptable level with Mozilla browsers, such as Firefox. We can offer no guarantees of correct function with all browser software as they constantly change.
6. Website Hosting
No guarantees can be made as to the availability or interruption of hosting services and We 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.
We reserve 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 our hosting service should the necessity arise.
7. Website Optimisation
Due to external factors, such as changes to the way search engines rank websites, we 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.
7. Payment terms
A non-refundable deposit is required with all of our projects before any 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 you decide you no longer want the site, as you have commissioned the work and paid a deposit you 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 your satisfaction and no refunds can be offered.
It is Webfuel policy that any outstanding accounts for work carried out by Webfuel 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 Webfuel.
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 we 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.
8. 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.
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