Terms and Conditions

The following terms and conditions apply to all website development / design services provided by WebSideView to the Client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfi ed themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by WebSideView are de fined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. WebSideView reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. A second further payment of forty (40) percent when the site is ready for client testing and review. With the remaining ten (10) percent of the project quotation total due upon completion of the work prior to the sign-of meeting.

Payment for services is due by bank transfer (Cheques are not accepted). Bank details will be made
available on invoices.

3. Client Review

WebSideView will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifi es WebSideView otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

WebSideView will install and publicly post or supply the Client’s website by the date specifi ed in the project proposal, or at a date agreed with the Client upon WebSideView receiving initial payment, unless a delay is speci fically requested by the Client and agreed by WebSideView.

In return, the Client agrees to delegate a single individual as a primary contact to aid WebSideView with progressing the commission in a satisfactory and expedient manner.

During the project, WebSideView will require the Client to provide website content; text, images, movies and sound fi les.

5. Failure to provide required website content:

WebSideView is the trading name for Mr Kateule Mulwale-Bwalya and as a Freelancer in order to remain efficient must ensure that programmed work is carried out at the scheduled time. On occasions we may have to reject o ffers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarifi cation on this.

Using the WordPress content management system you are able to keep your content up to date yourself.

6. Payment

Invoices will be provided by WebSideView upon completion but before publishing the live website.

Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent(1.5%) or £30 per month of the total amount due.

7. Additional Expenses

Client agrees to reimburse WebSideView for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

8. Web Browsers

WebSideView makes every e ffort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, Safari etc.). Client agrees that WebSideView cannot guarantee correct functionality with all browser software across different operating systems.

WebSideView cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, WebSideView reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on WebSideView’s Web space, WebSideView will, at their discretion, remove all such material from its web space. WebSideView is not responsible for any loss of data incurred due to the removal of the service.

Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay WebSideView reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by WebSideView in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice and will be e ffective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confi rmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity

All WebSideView services may be used for lawful purposes only. You agree to indemnify and hold WebSideView harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants WebSideView the rights to publish and use such material. The Client must obtain permission and rights to use any information or fi les that are copyrighted by a third party. The Client is further responsible for granting WebSideView permission and rights for use of the same and agrees to indemnify and hold harmless WebSideView from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.

A contract for website design and/or placement shall be regarded as a guarantee by the Client to WebSideView that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

Unless otherwise specifi ed in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on cloud-based file share or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .ti format. Although every reasonable attempt shall be made by WebSideView to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

14. Design Credit

A link to WebSideView’s website; WebSideView will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in WebSideView’s portfolio.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, WebSideView must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specifi c nature of the project, other resources might also need to be con figured on the server.

16. Post-Placement Alterations

WebSideView cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modi fications or deletions.

17. Domain Names

WebSideView may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of WebSideView. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements.

The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

19. Governing Law

This Agreement shall be governed by English Law.

20. Liability

WebSideView hereby excludes itself, Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
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  • Loss or damage caused by omission;
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  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
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  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
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  • The entire liability of WebSideView to the Client in respect of any claim what-soever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

21. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or
unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.