The customer shall enter into this Agreement once a web site is ordered from ID Design limited T/As launchyourbusiness.co.uk, PO Box 26, Bristol, BS15 3YD (hereinafter called 'the Company'
AGREEMENT between the Customer, whose name is detailed overleaf, and ID Design Ltd incorporating launchyourbusiness.co.uk, PO Box 26, Bristol, BS15 3YD (hereinafter called ‘the Company’).
1. Duration of Agreement:
This agreement shall begin on the Commencement date shown overleaf and shall continue in force for one year thereafter from year to year unless terminated by any Party giving to the others not less than 3 months’ written notice before the first or any subsequent anniversary of the date of this Agreement.
2. Service Provided:
The following services shall be provided by the Company to the Customer during the continuance of this Agreement:-
2a) The Company agrees to design a complete web site with a minimum of 1 page. The style of the web site to be agreed upon through consultation with the Customer. All necessary content, information and imagery for the site must be supplied by the Customer prior to the site commencement.
2b) The Company agrees to provide web site hosting and maintenance for the Customer.
2c) The Customer may revise data on their web site and updates to do so must be submitted via email or in writing. The Company will advise the Customer of the revision/update cost.
2d) Extra pages, facilities, animations, images and graphics can be added to the web site at any time upon Customer request.
2e) The Company will purchase the required Customer domain name initially without charge to the customer . UK top level domains are renewable every year from the purchase date. The Company will invoice the Customer accordingly when the renewal payment is due.
3. Costs:
In return for the Company supplying the services, the Customer shall pay the Company:- a) An initial design fee at the current applicable rate plus vat only once. b) Monthly payments of £ (Dependent on services required) plus vat for web site hosting and maintenance by standing order. c) For optional extras upon Customer request. d) Updates and revisions to the web site. e) Domain renewal fees £19 plus vat for .co.uk (2 years), .com,.net,.eu,.info,.org,(all 1 year) these cost are liable to change according to market trends.
4. Other Costs:
4a) If the customer has purchased a domain name elsewhere, the transfer of the domain to the Company servers could incur a cost from the original supplier in order for them to release the domain. The Company will advise the Customer accordingly.
4b) During the web site development, before publishing, the Customer will be shown the content and design, page by page, in hard copy, via e-mail or the Internet. Customer corrections and layout changes will be implemented by the Company, to Customer satisfaction, once per page. Thereafter, further Customer corrections and layout changes will be charged at a minimum of £20 per page.
5. Payment:
5a) The fee must be paid by the Customer either by Cheque or Standing Order on the Commencement Date of this Agreement for the amount shown overleaf.
5b) If the Customer pays by Cheque the web site will only be publicly released and uploaded by the Company when it has cleared (allowing 7 working days).
5c) Payment for additions to the web site and for domain renewal must be met in full upon invoice. The Company will not commence the additions until payment is received and cleared.
5d) Failure to meet any of the agreed monthly Standing Order payments or any other payment due upon invoice will result in the company removing the web site from the Internet, within 14 days of the due date, unless the Customer can provide the Company satisfactory reason for non-payment and make subsequent arrangements with the Company to pay. The Company will issue the Customer only one letter prior to the site removal and this will give fair warning of the action about to be taken. If the Customer web site is removed from the Internet a charge of £29+VAT will be levied to reinstate the web site.
5e) If the Customer decides the web site is no longer required, after the Agreement is finalised, the Customer will be invoiced and agrees to pay 50% of the total web site cost or the cost of work completed, whichever is the greater.
6. Copyright:
Web pages created by the Company for its Customers are works created under Agreement for the purposes of copyright law. In order to fulfil the Agreement and take ownership of the copyright of pages created by the Company, the Customer must meet the following conditions: a) The Customer must have paid in full the initial design fee and maintained the Standing Order payments for a period of no less than 12 months.
6a) The Customer must have promptly paid for any additional work carried out on the web site until the termination of this Agreement. Failure to meet either of the two previous conditions results in the surrender of the ownership of the web page(s) copyrights to the Company, its successors and assigns.
7. Disclaimers:
7a) Despite the Company's best efforts, errors in web page information may occur. At no time will the responsibility for accidentally including erroneous errors extend beyond correcting the error. If the Customer discovers an error on their site, the Company will correct the error as soon as we are notified and without charge to the Customer.
7b) In the event of any problems arising with web site hosting and Internet service provision the Company will attempt to rectify the problem in the quickest possible time but will not be held responsible for site failure or removal of the web site from the Internet servers, for any reason. The Company will also not be held responsible for server 'outage' or 'downtime' and any loss of trade incurred by the Customer.
7c) E-Commerce; Authorisation of all financial transactions including the use of credit cards on customers web sites rest solely with the customer their employees and their validification procedures; ID Design ltd will not accept responsibility for any fraudulent transactions that may take place.
8. License:
On payment in full of the Price, the Developer ID Design Limited grants to the Customer (and to all members of the Customer Group who agree to the terms of this Licence) a non-exclusive, perpetual, non-transferable right to use the New Software and the Documentation on any processor owned or controlled by the Customer or a member of the Customer Group.
The Customer may not disclose or make available the New Software to any entity other than members of the Customer Group who have agreed to these licence terms nor permit others to use it except the Customer's employees and agents who may use it only on the Customer's behalf within the limits of the application licence and who are deemed to have agreed to such terms.
The Intellectual Property Rights in the New Software (including the source and object code) and the Documentation shall be and remain vested in the Developer ID Design Limited apart from any elements which do not form part of the generic functionality of the New Software and which implement visual features or layouts created at the specific request of the Customer. All Intellectual Property Rights in such distinctive customer features (including the source and object code) shall be and remain vested in the Customer.
8a) The Customer will indemnify the Company should any third-party claim arise due to text, images or graphics supplied to us for inclusion in the Customers web site, breaking International Copyright Law. We also reserve the right to refuse to post any information we consider obscene. morally unsuitable, libelous, defamatory or illegal.
9. Other:
The Signatory on behalf of the Customer shown overleaf warrants that he/she is duly authorised to enter into this Agreement. Where there are two or more Limited Companies, Individuals , Partnerships or Associations shown overleaf as the Customer, their respective liabilities hereunder shall be joint and several.
9b) A charge of £99 (plus VAT) will be incurred if the Customer decides to move to another hosting provider. This covers the administrative costs of the Company and gives the Customer full ownership of the web site. c) Content management systems (C.M.S) created for the customer are copyrighted to ID Design Ltd and may not be copied or duplicated for use in part or whole by any third party. d) A further cost of £29 per domain will be incurred if the customer decides to move to another hosting provider. This covers the domain transfer and gives the customer full ownership of the domain.
9e) The Company reserves the right to place its standard advertising banner on all web sites created for its Customers.
9f) This Agreement shall be governed and construed in accordance with the Law of England and Wales. Both parties hereby submit to the jurisdiction of the Courts of England and Wales.
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