The following terms and conditions document is a legal agreement between J Turner Web Services for the purposes of web site design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
2.ACCEPTANCE OF WORK
Quotations are valid for 30 days from date of issue.
When the Client places an order to purchase a web site or web site updates from J Turner Web Services, the order represents an offer to J Turner Web Services to purchase the web site or web site updates which is accepted by J Turner Web Services only when an invoice is sent to the Client. No contract for the supply of services exists between Client and J Turner Web Services until J Turner Web Services sends an invoice to the Client for payment. The invoice equals acceptance by J Turner Web Services (or third party supplier) of Clients offer to purchase services from J Turner Web Services and this acceptance of work is a valid contract between Client and J Turner Web Services regardless of whether Client receives the invoice.
Any other services on the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records.
J Turner Web Services reserves the right to withdraw from contract at any time prior to acceptance.
3.DEPOSIT PAYMENT FOR WEBSITE DEVELOPMENT.
Website deposit payment is non-refundable.
4.PERMISSION AND COPYRIGHT
All pages, images, text and code on J Turner Web Services’s web site at http://www.jturnerwebservices.co.uk/ is copyrighted material.
Client and any visitors to the J Turner Web Services’s web site at http://www.jturnerwebservices.co.uk/ may not use any of the pages, images, text or code on the web site for use on Client’s or visitors own web site or to create a web site, templates or Actinic templates without prior written permission from J Turner Web Services.
Copyright of the completed web designs, images, pages, code and source files created by J Turner Web Services for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the J Turner Web Services.
Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and the J Turner Web Services.
Client hereby agrees that all media and content made available to J Turner Web Services for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend J Turner Web Services from any claim or suit that may arise as a result of using the supplied media and content.
Client agrees that J Turner Web Services may include development credits and links within any code J Turner Web Services designs, builds or amends.
Client agrees that J Turner Web Services reserves the right to include any work done for the Client in a portfolio of work.
J Turner Web Services reserves the right to refuse to handle:
a) Any media which is unlawful or inappropriate;
b) Any media which contains a virus or hostile program;
c) Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
d) Any media which constitutes a criminal offence, infringes privacy or copyright
e) Any other questionable media at J Turner Web Services’s own discretion
6.DOMAIN NAMES AND HOSTING
Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless the J Turner Web Services from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service.
Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the J Turner Web Services requires to upload the web site if required as part of a project.
J Turner Web Services will charge £15 for admin costs to move web hosting away to another provider.
J Turner Web Services reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.
Any support issues due to web hosting will be charged for by J Turner Web Services.
All alterations for web sites projects are to be requested in writing or by by the Client. J Turner Web Services reserves the right to send a separate quotation to the Client and to request payment for any further alterations. J Turner Web Services reserves the right to request payment be received for further alterations before continuing work.
Upon completion of an agreed design the Client is asked to confirm in writing by email or verbally that the design is signed off as complete and agree that any further design alterations are chargeable.
Client agrees to provide any needed information and content required by J Turner Web Services in good time to enable J Turner Web Services to complete a design or web site work as part of an agreed project.
Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. J Turner Web Services agrees to try and match the design as closely as is possible when building the code.
J Turner Web Services endeavours to create pages that are search engine friendly, however, J Turner Web Services gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall J Turner Web Services be held liable for any changes in search engine rankings as a result of using J Turner Web Services’s code.
If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that J Turner Web Services can apply a nearest available alternative solution.
After site completion, a Client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then J Turner Web Services reserves the right to quote for work to repair the web site.
J Turner Web Services reserves the right to assign subcontractors in whole or as part of a project if needed.
Client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure.
All communications between J Turner Web Services and Client shall be by telephone, email, in person or postal mail, except where agreed at J Turner Web Services’s discretion.
J Turner Web Services shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. Client agrees that J Turner Web Services cannot guarantee correct functionality with all browser software across different operating systems.
Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name set-up changes or hosting set-up changes thereafter may affect the functionality and display of their web site. As such, J Turner Web Services reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.
All prices are exempt of VAT.
All invoices must be paid in full within 14 days of the invoice date and J Turner Web Services will carry out work only where an invoice has been paid by the Client for the work, unless otherwise agreed at J Turner Web Services’s discretion.
Additional work requested by the Client which is not specified in the agreed quotation is subject to a separate quotation and J Turner Web Services reserves the right whether to quote or accept additional work. If additional work is accepted by J Turner Web Services may effect timescale and overall delivery time of the project.
The Client is required to pay a non-returnable deposit as agreed with the J Turner Web Services before work commences. Once an invoice is sent to the Client it must either be paid either by bank transfer, cheque made payable to “J Turner Web Services” and sent to the J Turner Web Services’s postal address, or paid by BACS.
J Turner Web Services reserves the right to decline further work on a project if there are invoices outstanding with the Client.
Client may request that the J Turner Web Services cancel a project in writing by email or postal mail to J Turner Web Services and the project is cancelled only if J Turner Web Services confirms work has not been started on the project. If J Turner Web Services has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay J Turner Web Services for the work that has been carried out.
All invoices are submitted by email except where required otherwise by regulations or agreed at J Turner Web Services’s discretion.
J Turner Web Services reserves the right to remove it’s work for Client from the Internet if payments are not received.
10.LIABILITY AND WARRANTY DISCLAIMER
J Turner Web Services provides their web site and the contents thereof on an “as is” basis and makes no warranties with regard to the site and it’s contents, or fitness of services offered for a particular purpose. J Turner Web Services cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
J Turner Web Services endeavours to provide a web site within given delivery timescales to the best of it’s ability. However, the Client agrees that J Turner Web Services is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
The Client agrees J Turner Web Services is not liable for absence of service as a result of illness or holiday.
The Client agrees J Turner Web Services is not liable for any failure to carry out services for reasons beyond it’s control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
J Turner Web Services is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from J Turner Web Services to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, J Turner Web Services cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the J Turner Web Services has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then J Turner Web Services can correct these errors for the Client at it’s own discretion.
If after handover of files errors are found in code the J Turner Web Services has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, J Turner Web Services can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.
Should Client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, J Turner Web Services reserves the right to cancel forthwith any projects and invoice Client for any work completed.
J Turner Web Services shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if J Turner Web Services has been advised of the possibility of such damages.
There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend J Turner Web Services and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.
J Turner Web Services may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. J Turner Web Services reserves the right to quote for any updates as separate work. Client agrees J Turner Web Services is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold J Turner Web Services harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
Client agrees to use all J Turner Web Services services and facilities at their own risk and agree to defend, indemnify, save and hold J Turner Web Services harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against J Turner Web Services or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.
Client also agrees to defend, indemnify and hold harmless J Turner Web Services against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.
J Turner Web Services and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about J Turner Web Services to another party.
J Turner Web Services and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
J Turner Web Services reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. J Turner Web Services shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
J Turner Web Services reserves the right to alter these Terms and Conditions at any time without prior notice.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions
By supplying text, images and other data to J Turner Web Services for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.