Terminology used in this document:
You / Your – The Client
We / Us / Our – YZ DESIGNS Ltd
Project – The work undertaken by YZ DESIGNS Ltd for the Client. The scope of the work as described in the confirmation order email.
Domain – The website address specified by the client to be used to host the website
Host – A website is hosted so that it is available to view online and this incurs a yearly charge.
Content – The website contents including text and images.
Terms and Conditions applying to all services provided by YZ DESIGNS Ltd.
Acceptance of our quotation is an acceptance of these terms and conditions.
Please read these terms and conditions carefully. Any purchase of our services implies that you have read and accepted our terms and conditions.
Charges for our services are defined in the quotation you receive. Quotations are valid for 30 days of their date of issue. We reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
All website design services require an advance payment deposit of fifty (50) percent of the minimum project quotation total before work commences. A final payment is invoiced once the site is live and you are happy.
If you are not happy with the final site we will make the changes required to make you happy. If you do not inform us of the changes you require to make you happy then we cannot be held responsible and will expect the final payment to be paid within 30 days of the site going live.
If, to make you happy requires further work on the site that was not included or asked for in the original quotation then we can provide a quotation for further work and will expect the final payment.
Payment terms are 30 days and payments can be made by bank transfer or cheque. Cheques should be made payable to ‘YZ DESIGNS Ltd’ and sent to ‘90 Longcroft, Yate, Bristol BS37 7YW.
Invoices over 30 days – You will incur a cost of 2% or £30 (whichever is higher) of the invoice for each calendar month they go unpaid.
Invoices over 60 days old – You will be sent a letter stating that you have seven days to pay or we have the right to take down your website(s) and/or issue court proceedings.
Any loss or damage suffered to you or your business if we take the site down is entirely your responsibility and we will take no responsibility. We are not responsible for any loss of data incurred due to the removal of the website and removal does not relieve you of the obligation to pay these outstanding charges.
The website remains the property of YZ DESIGNS Ltd until one hundred (100) percent of the website has been paid for. We reserve the right to remove your website property from the internet if you do not complete full payment.
No handover of materials, ftp details, email accounts, domains can be made until all monies have been paid in full.
3. Client Review
Design is subjective so we offer ‘unlimited design revisions’. This means that we will continue to work with you on your design concept until you are happy with our proposal. Unlimited design revisions end when you accept the website design and home page draft. Design changes beyond this point are subject to additional charges.
We will provide you with an initial design of the website in the form of a two dimensional photoshop image. We will make changes to the design based on your review until you are completely happy with the design. Once the design is accepted then we will go ahead and build the site. Once the construction of the site has begun, any further changes in design by you are liable to be charged. We will make it clear to you if your changes will incur further charges.
Once the website is live, the client has 14 days to request any further amendments. If the amendments are minor changes then there will be no charge. Anything not fitting into the category of minor changes is liable to be charge extra. We will make it clear if your amendments will have an additional cost. If we do not hear from the client after 14 days of the site going live, we will assume that the client is happy and will invoice you for the final payment.
You agree to provide one point of contact to assist YZ DESIGNS Ltd in the completion of the project. We strongly advise this is the person who has the final say on the website, to avoid delays and complications due to miscommunication. If we are unable to communicate with this individual, due to holiday / illness etc. we will ask for another point of contact to be provided.
It is your responsibility to fill in the Client Requirements Form and to send text, images and any other media required to complete the project. Any delays in the project caused by you not supplying us with these materials are solely your responsibility.
Text should be provided as a Word document or by email and all images and other media should be sent via email or uploaded to wetransfer. Large amounts of images should be uploaded to wetransfer or sent by post on a disk or memory stick. Images should be high resolution wherever possible.
It is your responsibility to inform us of any change in email address so we always have valid contact details. We cannot be held liable in any way for communication problems if we are not supplied with a valid email address.
We will host the website, if the client requires us to do so, on receipt of full payment of our hosting fees. We will provide a reliable and professional service to the client at all times, but are not responsible for unavoidable technical failures beyond our control.
The hosting fee is annual. The date of renewal will be 12 calendar months from the date the website went live. We will contact you 30 days before the renewal date and the hosting renewal charge must be received within 14 days of the hosting expiry date. We reserve the right to deactivate any website when the hosting has expired and the client has not paid the renewal charge. We reserve the right to charge an administration fee of £30 plus VAT for reactivating the website/hosting.
If you do not use our hosting services, then the management and hosting of the domain name are your responsibility.
If you do not wish to renew the hosting, then we will make the site files and associated data available to you free of charge on request and the domain name can be transferred to the your registrar account. Should you require us to upload and configure the website and domain name to a third party server, then this work will be subject to charge.
5. SEO / Online Marketing
We do not take any responsibility for a client’s website rank on search engines, unless we have agreed a separate SEO / online marketing contract. We do not take responsibility for any potential website downtime that can occur caused by Black Hat SEO techniques. We are not responsible for drops in search engine ranking caused by you or by third parties instructed by you to work on your site.
We do not tolerate any form of harassment from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards us or our contractors. Thereafter any further communication must be via postal mail only.
7. Additional Expenses
You agree to reimburse us for any additional expenses necessary for the completion of the work that were not in the original specification. For example, purchasing special fonts, stock photography, coming to the premises to help with writing /editing content.
8. Web Browsers
We make every effort to ensure our websites can be viewed by the majority of visitors, on the majority of browsers. We cannot guarantee correct functionality on all browser software across different operating systems. Also, we cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been finished. We are more than happy to quote to update the website at any time.
You agree to indemnify and protect us from any claims resulting from your use of our service that damages you or any third party or parties.
We reserve the right to remove any website from our servers if we have reason to believe that it is operating illegally.
You retain the copyright to data, files and logos that you provide us. You are responsible for ensuring that you have the permission and rights to use any information you provide to us that are copyrighted by a third party. You are responsible for granting us permission and rights to use this copyrighted material and agree to indemnify and hold harmless us from any and all claims resulting from your negligence and / or inability to obtain proper copyright permissions. The website design contract shall be regarded as a guarantee by you that all such permissions and authorisations have been obtained. Evidence of permissions may be requested.
Where images used on the website have been purchased by us on your behalf, these images are restricted by license for use on the website only. We are not liable for the misuse of these images by you or any other persons; copying, altering or distributing the images to individuals or other organisations.
11. Design Credit
A link to our website will appear in small type at the bottom of your website. If you request that the design credit be removed, a nominal fee of 10% of the total website development, or £500 (whichever is greater) will be applied. You also agree that the website may be presented in our design portfolio.
12. Access Requirements
If the website is to be installed on a third-party server, we must be granted temporary read/write FTP access to your website’s storage directories. Other resources might also need to be configured on the server, depending on the specific nature of the project.
13. Third Party Alterations
We cannot accept responsibility for any alterations made to your website by you or a third party given access by you. Such alterations include (but are not limited to) modifications, additions or deletions.
14. Domain Names
We may purchase domain names on your behalf and we will register them in your company name. For domain names registered elsewhere the payment and renewal of these domain names is your responsibility and we will not be responsible for the loss, cancellation or otherwise of the domain. You should keep a record of the domain payment dates to ensure that payment is made in good time. If your domain name is not renewed through our control, YZ DESIGNS will not be held responsible for not renewing your domain name.
15. Governing Law
These Terms and Conditions are governed by the laws of England and Wales
We make no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to your website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. Jurisdiction for any claims arising in respect of this website’s content shall lie exclusively with the courts of England.
We cannot be held responsible for anything adversely affecting your business operation, sales, or profitability that might be claimed is a result of a service offered by us.
We hereby exclude ourselves and any of our contractors; their Employees and or Agents from all and any liability from:
Loss or damage caused by inaccuracy
Loss or damage caused by omission
Loss or damage caused by delay or error
Loss or damage to clients’ artwork/photos
It is your responsibility to check the entire contents of the site for inaccuracies, omissions and errors while the website is hidden on the testing server. Once you ask the site to go live, we make it live on the basis that you have thoroughly checked all text and images.
Our entire liability to you in respect of any claim, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event that one or more of the provisions within this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions within this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision. Any variations to these provisions shall have no effect unless agreed in writing.
If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
18. Website maintenance
You agree to one of our website maintenance packages which will be invoiced monthly or yearly depending on the contract you choose. Payment terms will be 30 days upon receipt of invoice for either yearly or monthly contracts. If you choose to not renew your monthly or yearly plan the invoice total sent at the beginning of the month will be payable in full. No pro-rata discount shall be applied for mid-month/year termination of a maintenance plan.
Website hacking attempts and site security will be monitored daily and attempts of malware and spambots blocked by our third party security plugins and plans. Bolt down and safe site do not include security monitoring so any compromising of your website will be dealt with accordingly at an agreed cost to you the owner of the website that the compromise has happened to. Lock down includes our third party security plugins and plans which will monitor your website for any hacking attempts.
In the unlikely event that your website is hacked YZ DESIGNS will do everything in our power to rectify the situation but we are not responsible for any damages or actions that may occur. Your company will agree to indemnify, save and hold harmless YZ DESIGNS from any and all damages, losses, lawsuits, expenses or costs that might arise as a result of claim or action by a third party. This includes any action that involves hacking or other malicious activity by a third party resulting in damage to a clients website, reputation, goodwill or revenue.