Terms & condtitions
Last updated 17/10/2019
Definition of our terminology as used within this document:
- 'Content' is both text and images that the Client requires on the website.
- 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
- 'Live Mode' means the date the website is available on the Client's chosen domain.
- (WA Designs trading as WADAEC Ltd) for the Client on their request and as described in our confirmation order email to that Client.
- A 'Project' is any work undertaken or service provided by WA Designs.
- A 'Client' is a person, persons, business or organisation using any of the services provided by WA Designs.
- 'Domain' is the website address as specified by the Client.
- 'Hosting' is a yearly cost to keep a clients website activated online.
- 'mb' stands for megabytes and is a measure of storage space.
WA Designs terms & conditions.
- WA Designs makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this 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. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website's Content shall lie exclusively with the courts of England. 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 of these terms and conditions, which shall remain in full force and effect.
- If a Domain name is purchased by the Client through a company other than WA Designs, the Client has full responsibility in making sure that the domain name is renewed when due. WA Designs will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than WA Designs.
- WA Designs shall place a small text link on the footer of a Clients website that simply states the website was designed by WA Designs and links to our company website. It is WA Designs decision if this action is not followed.
- Should a Client wish to move Hosting away from WA Designs or transfer a Domain name away from WA Designs, a £50 admin charge will be issued, which must be paid before the transfer takes place.
- The Hosting renewal charge must be received within 10 days of the Hosting expiry date. WA Designs reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by WA Designs for reactivating the website/Hosting.
- When a Client renews Hosting with WA Designs, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and WA Designs cannot be held liable for this.
- A domain name will be registered by WA Designs on behalf of the Client once full payment has been received and a completed creative brief.
- All images displayed on the Client's website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or WA Designs, they will be the sole responsibility of the Client.
- The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by WA Designs or the Client. WA designs will place their design rights in the footer of the clients website. This cannot be removed without the permission of WA Designs as this displays that the site has been designed by us.
- WA Designs will provide the Client with an expected completion date for the Project (live on the internet) if requested. WA Designs will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of WA Designs is purely an estimate.
- 18. Where asked to provide search engine optimisation for a Client, WA Designs do not guarantee any specific placement or high ranking on search engines.
- All standard hosting offered by WA Designs is limited to 500mb of website space unless otherwise stated in a separate contract. If your site requires more than 500mb of space we will advise of other hosting solutions and then cease hosting the site.
- Where images used on the website have been purchased by WA Designs on behalf of the Client, these images are strictly for use on the website only. WA Designs are not liable for misuse of these images by the Client or any other person's copying, altering or distributing the images to individuals or other organisations.
- WA Designs shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
- Hosting renewals. Hosting renewals will be invoiced 30 days before the renewal date is due. If no payment is received by the 30th day it will result in the website package being suspended and an 8.5% late payment fee being added. If no payment is received within a further 30 days from the invoice date you will be referred to a debt collection agency which will incur a £40 (£60 outside UK) administration charge. The usual debt collection methods will then apply and the Client will deal with the debt collection agency direct.
- Late payment charges. New website project Invoices. Clients will have 30 days to make payments from the invoice date. If no payment is made by the 30th day it will result in the website package being suspended and an 8.5% late payment fee being added. If no payment is received within 60 days from the invoice date you will be referred to a debt collection agency which will incur a £40 (£60 outside UK) administration charge. The usual debt collection methods will then apply and the Client will deal with the debt collection agency direct.
- WA Designs will only commence work on a Project after receipt of a non refundable 50% deposit of the quoted Project fee from the Client. The website will be switched to 'Live Mode' once the clients' remaining balance is paid in full.
- WA Designs has two payment options. Option one consists of a 50% deposit prior to project work commencing and the final 50% payment after website goes live. Option two consists of the full balance being paid over 3 consecutive months (payment made on last working day of the month), i.e. Balance of £750.00 due 31 May paid in 3 instalments of £250.00 on 31 May, 30 June & 31 August.
- Email and telephone will be the methods of contact with regard to all communication for the website design & development. It is the Client's responsibility to inform us of any change to their contact details. WA Designs cannot be held liable in any way relating to communication issues if we are not supplied valid contact details. WA Designs will acknowledge all emails within 3 working days. Our telephone support line is for website support issues only.
- WA Designs executes the following business process. Following the initial enquiry a meeting will be setup between WA Designs and the client. This will concentrate on the Client's website wishes and the work to be carried out. Following this initial meeting an email will be sent from the Operations & Finance department with a written quote, payment options and terms of business. Once the client accepts receipt of this email and agrees the quote they then enter into a working contract with WA Designs. Work will then start on the client's project following the initial payment (which is to be made within 48 hours of accepting our terms & conditions). Once work has been completed the website will go live and the final invoice for the final payment instalment will be requested.
- The contract between WA Designs and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
- The length of a commissioned website project must not exceed its timescale of 93 days (3 months). During the business relationship WA Designs is entitled to send the client monthly reminders (i.e. after the first 30 days then after 60 days) of the length of their commissioned project. This is to maintain the pace of the commissioned project for both the benefit of the client and WA Designs. Clients are to be conscious of their timescales and be proactive with required information to WA Designs in the progression of the commissioned project. If a client is not proactive and the 93 days (3 months) passes then WA Designs has the right to stop work on the commissioned project and ask for final payment. Extension of the 93 days (3 months) will only be granted in extensive personal circumstances.
- If a customer's conduct via telephone is considered unreasonable we will insist on email communication only. WA Designs reserve the right to cancel a contract should customer contact be in breach of our anti-harassment policy (*). Calls made to our office are monitored and recorded.
- WA Designs will accept payment through BACS, for debit card and credit card a handling fee will be applied. After 31 December 2014 cheques are no longer accepted.
- The deposit paid to WA Designs covers the cost of design work carried out as well as any admin work and communication with WA Designs. The deposit is non refundable.
- Maintenance and Site updates. Clients will have 7 days to make payments from the invoice date. If no payment is made by the 8th day it will result in the website package being suspended and an 8.5% late payment fee being added. If no payment is received within 38 days from the invoice date you will be referred to a debt collection agency which will incur a £40 (£60 outside UK) administration charge. The usual debt collection methods will then apply and the Client will deal with the debt collection agency direct. All maintenance and site updates will be charged at £25.00 per hour which is invoiced separately. You will be emailed the time and cost involved for all amendments and work will start once acknowledgement is received.
- Level 1 Flash animation refers to 3 hours of Flash development time on the clients' website by WA Designs.
- It is important for the Client to keep in contact with WA Designs throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 5 attempts to contact the client by email using the email address specified when the client places their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. We will levy a £50 admin charge if the client later returns and wishes to continue work on their project.
- WA Designs will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, WA Designs will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
- WA Designs cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by WA Designs.
- WA Designs do not take any responsibility for a clients website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client's website, there could be a change in the websites search engine ranking.
- It is the Client's responsibility to check with WA Designs whether Open Source Software is being used or not.
- WA Designs own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images purchased by WA Designs for the Client are also owned by WA Designs, unless the images have been supplied by the Client. Images purchased by WA Designs are licensed only for use on the client website and are limited to no more than 15 images dependent on the size of the project.
- Domain names will be registered by WA Designs and also registered to the WA Designs current address. Although the domain names are registered to WA Designs, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, WA Designs will do this within a reasonable timeframe.
- It is the responsibility of the Client to renew their domain names when due. If a domain name expires, WA Designs cannot be held liable for this. However, WA Designs will make reasonable effort to contact the Client regarding domain renewal.
- Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if WA Designs cannot contact the Client or the Client requests for WA Designs to not host this site. This will also affect the domain as per item 25.
- If the Client does not use WA Designs Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
- WA Designs has no control of, or responsibility for, the content of Clients' websites. In no way does the textual or image based Content of our Client's web sites constitute WA Designs endorsement, or approval of the website or the material contained within the website. WA Designs has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. WA Designs provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
- WA Designs are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.
- WA Designs will take a £15 handling fee on any payments received using a credit or debit card. If this is not acceptable to the Client, we also accept BACS as an alternative payment method.
- All WA Designs charges can be found in the Client Area. Each Client will be given access to their personal area which allows them to view invoices and access helpful videos. Each client's private log in details will be emailed to their provided email address at the start of each project.
(*) WA Designs will not tolerate any form of harassment against its team and/or contractors 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 our team and/or contractors thereafter any further communication must be via postal mail only.