Definitions
The Client: The company or individual requesting the services of Webhoot.
Webhoot: Primary designer & developer.
The Project: Web design, software development or other computer-related services being provided to the Client by Webhoot.
Project Completion: Completion of components outlined in project breakdown.
Launch: Upload to the server or release of materials to the Client.
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 satisfied 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.
Agreement
Webhoot will carry out work only where an agreement is provided either by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between Webhoot and the client, this includes telephone and email agreements.
Please ensure that you read the project design, breakdown, quote and terms & conditions properly and that all details of the work are included, understood and mutually agreed on.
Timeframes
Unless otherwise agreed upon with the client, the timescale for completion of work may vary and can take from 1 to 6 months after approval of design and plan, depending on the scale of the work. Time-frames for the project will be discussed with the client, before the project commences. Webhoot will do their best to complete the project as soon as reasonably possible.
For a high standard of quality to be produced, please allow sufficient time for the project to be completed.
Content
During the project, Webhoot will require the Client to provide website content; text, images, movies and sound files. Webhoot is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that the Client’s work is completed at the time arranged.
This is why we ask that the Client provides 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.
Please 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 clarification on this.
If the Client is using our content management system they will be able to keep their content up to date themselves.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format 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 .tiff format. Although every reasonable attempt shall be made by Webhoot 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.
Web Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Webhoot 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 Webhoot until all outstanding accounts are paid in full, unless provided by the client previously.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Webhoot remain the copyright of Webhoot and may only be commercially reproduced or resold with the permission of Webhoot.
Webhoot cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of Pineapple Web Design and where no charge is made by Webhoot for such additions, Webhoot accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Webhoot all materials required to complete the site to the agreed standard and within the set deadline.
Webhoot will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Webhoot 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.
Webhoot 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.
Webhoot 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.
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 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.