Website Design Terms & Conditions


By placing an order with Buduweb, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:
"The Client" means the company or individual requesting the services of Buduweb.

"Buduweb" means Primary designer/site owner & employees or affiliates;a trading name for Buduweb, 8 Shrewsbury Walk, Isleworth.

"Price List" means the list of fees payable by the Client in respect of the services provided and available at Buduweb.

"Domain Name" means the domain name requested by the Client on the Application or any alternative domain name offered by Buduweb.

"Services" means the services to be provided by Buduweb to the Client.

"Terms and Conditions" means the terms and conditions including any schedules hereto.

General
Buduweb will carry out work only where an agreement is provided either by email, telephone, mail or fax. Buduweb will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Buduweb and the client, this includes telephone and email agreements.

Services
Buduweb shall provide the Services using all reasonable care and skill subject to payment by the Client of all amounts payable hereunder on the dates specified herein or on the Application. The Client shall do all things and provide all such information as is reasonably required by Buduweb to provide the Services in accordance with these Terms and Conditions.

Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Buduweb 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 Buduweb until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Buduweb remain the copyright of Buduweb and may only be commercially reproduced or resold with the permission of Buduweb.

Buduweb 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 briefs provided will be carried out at the discretion of Buduweb and where no charge is made by Buduweb for such additions, Buduweb 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 Buduweb all materials required to complete the site to the agreed standard and within the set deadline.

Buduweb will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Buduweb 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. eg. Any disputes re content images that have been provided to us for inclusion on the site.

Buduweb 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.

Buduweb 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.

A deposit of 30% is required with any standard project and 50% for database driven projects before any design work will be carried out and is non-refundable.

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.

Database, Application and E-Commerce Development
Buduweb cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by Buduweb remain the copyright of Buduweb and may only be commercially reproduced or resold with the permission of Buduweb.

Where applications or sites are developed on servers not recommended by Buduweb, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Buduweb before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Buduweb will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility
Buduweb will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Buduweb can offer no guarantees of correct function with all browser software.

Website Hosting
If Buduweb is contracted to develop a web site hosted at Buduweb. All material for inclusion on the Website must be owned by the Client. Whilst Buduweb shall use all reasonable endeavours to ensure that the Website can be accessed by users of the Internet at all times, no guarantees can be made as to the availability or interruption of this service. Access to the Website may also be adversely affected by conditions and performance outside Buduweb's control, including without limitation, the breakdown of transmission and telecommunication links. Buduweb cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Buduweb reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.

Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Buduweb policy that any outstanding accounts for work carried out by Buduweb or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Buduweb.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Buduweb have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by Buduweb should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Buduweb will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Buduweb, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.