Terms & Conditions
In consideration of the mutual covenants set forth in this Agreement, Customer and Developers hereby agree as follows:
- Development of Web Site/Digital Media. Developers agree to develop the Web Site and other Digital Media according to the terms expressed by the client and recommended by the developers.
- Delivery of Web Site/Digital Media. Developers will use reasonable diligence in the development of the Web Site and endeavour to deliver to Customer an operational Web Site/Database/Application within 12 weeks of signed confirmation. Customer acknowledges, however, that this delivery deadline, and the other payment milestones listed in Section 4, are estimates, and are not required delivery dates.
- Ownership Rights. Developers shall NOT hold any rights, title, and interest in and to the Web Site/Media. Specifically, but without limitation, Developer shall not hold rights over title, and interest in and to (1) all text, graphics, animation, audio components, and digital components of the Web Site (the “Content”), (2) all interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, and all other components of any source or object computer code that comprises the Web Site, (3) all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content, and (4) all copyrights, patents, trade secrets, and other intellectual or industrial property rights in the Web Site or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine Developers’ right, title, and interest in the Web Site, as described in this paragraph 3. Notwithstanding the above, Customer shall retain all of its intellectual property rights in any text, images or other components it owns and transmits to Developers for use in the Web Site.
- Compensation. For all of Developers’ services under this Agreement, Customer shall compensate Developers, in cash, the amount specified in the total above. In the event Customer fails to make any of the payments referenced by the deadline set forth in Exhibit A (Invoice), Developers have the right, but are not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove the Web Site and/or Digital Media, (3) bring legal action.
- Limited Warranty and Limitation on Damages. Developers warrant the Web Site will conform to the Specifications. If the Web Site does not conform to the Specifications, Developers shall be responsible to correct the Web Site without unreasonable delay, at Developers sole expense and without charge to Customer, to bring the Web Site into conformance with the Specifications. This warranty shall be the exclusive warranty available to the Customer. Customer waives any other warranty, express or implied. Customer acknowledges that Developers do not warrant that the Web Site will work on all platforms. Customer acknowledges that Developers are not responsible for the results obtained by the Customer on the Web Site. Customer waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is the return of the consideration paid to Developers as set forth in Exhibit A attached hereto.
- Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Developers and their respective successors and assigns, provided that Developers may not assign any of his obligations under this Agreement without Customer’s prior written consent.
- Text and images (or reference images) for the website to be provided by clients. Usage of royalty images would be agreed upon and paid for by clients.
- Monies Outstanding beyond our normal credit terms: Any account outstanding beyond our credit terms of reference will be passed out of hand to our Debt Collection Agency and will be subject to a surcharge of 15% of the total outstanding to cover the cost incurred; such accounts will also be subject to other costs incurred in obtaining settlement.
- Interest charge on outstanding accounts. Due to high interest charges, a credit charge of 2% per day will be made if this invoice is not paid by the due date. The Company reserves the right to vary the rate of interest charged.
- Retention of Title. All Goods and Services/Repair parts will remain the property of E4K Ltd until the invoice has been paid in full and the customer shall remain a bailee only until payment is made.
- Direct Debit Payments – All payments must be made via Direct Debit.
- Cancellations of Direct debit must be done in writing/email to E4K Ltd. Cancellation directly at the bank will be charged for at £15.00. Unpaid (e.g. insufficient funds) Direct debits will be charged at £15.00.
- Termination of contract. Contracts are valid for 1 year unless otherwise specified in the schedule (“Order Confirmation”). All contracts must be cancelled in writing, by recorded delivery via post.
- Hosting Fees. If contract is not terminated by 30 days prior to the start of the hosting term then the contract will roll on for one year and any hosting fees applicable must be paid in full.
- SEO, Pay Per Click and marketing. Termination must be given 30 days in advance in writing.