Terms and Conditions
The following terms and conditions apply to all web site design services offered by RubyFruit Designs. By ordering services from Ruby Fruit Designs you are agreeing to the following terms and conditions. Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document.
I reserve the right to refuse to construct a web site which I may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
The acceptance of a commission shall be deemed as a contractual agreement between the client and Ruby Fruit Designs.
Registration Charges: All third party costs arising from the registration of a domain name shall be met by the Client. I recommend that clients register their own domain names so that they have full ownership of these but where I have registered a domain name on the client’s behalf I agree to transfer this domain name to the client immediately, upon request and without charge.
Search Engine Promotion: Ruby Fruit Designs is not responsible for the client’s on-going web site promotion. Should the client 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 is controlled by the search engines. While I can optimise your site for this I am unable to make any guarantees about the success of any search engine promotion activity.
Providing Required Website Content: I am a small business. To remain efficient I must ensure that work I have programmed is carried out at the scheduled time. On occasions I may have to reject other work and enquiries to ensure that your work is completed at the time arranged. This is why I ask that you provide all the required information in advance. On any occasion where I cannot progress your website because you have not provided the required information when you have agreed to do so, and I am delayed as result, I reserve the right to impose a surcharge of up to 25%.
If, during the project, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Ruby Fruit Designs will consider that the client wishes to cancel the commission.
Also, if your job involves Search Engine Optimisation I will require the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide me with the required information and subsequently fail to do within four weeks of project commencement I reserve the right to close the project and the balance remaining becomes payable immediately.
Simply put, the above condition says is do not give me the go ahead to start until you are ready to do so.
Conceptualising: Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. For higher cost websites this will be included but for low cost sites (below £1000) please bear in mind that unless previously agreed, only one concept is possible. You should therefore ensure that you let me have your preferred colour scheme and design requirements beforehand. If you don’t do this I will design the website appropriately but if it is not to your taste I may not be able to rework the website without additional charges. This is why it is often best to show me another website that you like as an example of what you require.
Quotations: 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 I will accept these changes with the provision that additional charges may have to be
Advance Payment: An advance of 25% of the total cost of the project is required before work can commence. After work commences this is non-refundable.
Payment: Payment of any balance will be due within 10 days of final invoice date. Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. I will initially place the client’s website on one of Ruby Fruit Designs’ demonstration servers in order that the client may view and comment upon the website’s progress. When both Ruby Fruit Designs and the client agree that the website meets the criteria agreed during the commissioning process, I will invoice the client for the full amount due for the commission.
On receipt of payment, I will publish the website on the client’s server.
Late Payment: Accounts that have not been settled within 7 days of my final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.
Future Support: The website is provided to and accepted by the client as a fully functioning, completed work. Ruby Fruit Designs is not responsible for future support. This support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated. Ruby Fruit Designs does not undertake to maintain or update a client’s website as part of the design commission. If a client wishes Ruby Fruit Designs to maintain or update a web site as a separate commission, Ruby
Fruit Designs will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.
Future Site Problems: Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website, and I will endeavour to protect it from this as much as I can during its creation. I
cannot be held responsible for problems that develop on completed sites as a result of illegal activity.
Compliance with Ecommerce, Accessibility or Other Regulations: I 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 standing regulations. I cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. I can research this on the client’s behalf upon request, but in any business where complex compliance issues exist I recommend that the client takes legal advice from their company lawyer.
Ruby Fruit Designs cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence. All material, both text and images supplied by the client and used in the construction of the client’s web site, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. The copyright for all material provided by Ruby Fruit Designs, such as HTML code, graphics, photographs and text, will remain the property of Ruby Fruit Designs until full payment has been made. I make every effort to design pages which display acceptably in the most popular current
browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
If at any point during the project a client wishes to cancel, they may do so but will be invoiced an amount that I judge to be proportional to the amount of work completed on the commission.
Ruby Fruit Designs reserves the right to alter prices at any time without notice. If a client has commissioned any services from Ruby Fruit Designs prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be
subject to an increase.
By agreeing to these terms and conditions your statutory rights are not affected. Ruby Fruit Designs reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions.
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