TERMS AND CONDITIONS OF A2ZWEBDESIGNLONDON:
A. www.a2zwebdesignlondon.co.uk is owned by A2z Computer Solutions Ltd, having its registered office at 348 East Street, SE17 2SX, London, hereinafter called A2Z.
B. “Services” means all services offered by A2Z.
C. “Client” means an end user who uses Services provided by A2Z.
D. “You” and “Your” mean Client.
E. “We” and “Our” mean A2Z.
F. “Design Services” means the design or creative element of any Services offered by A2Z. These Services include but are not limited to Website design, graphical design, copy writing, intellectual property and ideas, optimisation, consulting services, marketing materials, server and client side applications and all other Services or parts of Services which rely on the skill, knowledge or experience of A2Z including all Services provided by outside agents, companies and organisations acting under instruction from or on behalf of A2Z.
- 2. ORDER
All orders are subject to acceptance by A2Z. An order will be deemed to have been accepted by A2Z when written confirmation of the order is sent to the Client, in the form of email. The works to be carried out shall be as set out in the A2Z confirmation order email. These Terms and Conditions are deemed to be accepted by the Client, on payment of a deposit. We may refuse to accept any order or renewal, or delay acceptance of any order or renewal until such time that any condition that we choose to impose has been fulfilled. Such refusal or such conditions may not be unreasonable and we agree to provide the Client with reasonable notice via E-Mail of any intent to delay or decline the acceptance or any such order or renewal. It is important for the Client to keep the email contact updated and A2Z shall not be held responsible if there are communication issues due to incorrect email address supplied to A2Z. Client shall reply to all emails within 24 working hours otherwise the completion schedule will be delayed. Client shall keep in contact with A2Z throughout the project. If a Client does not make contact for 2 weeks we will make up to 3 attempts to contact the Client through email provided by Client. If there is no response then the work may be terminated, and the deposit will not be refunded. If the client later returns and wishes to continue work on their project, A2Z may at its sole discretion continue work or re-schedule the timeline upon additional fees of ____.
- 3. FEES
3.1 Fee Payable
- A non-refundable deposit of 50% of the total fee payable under the contract is due immediately upon the acceptance of the order. Only after receipt of payment of 50% advance A2Z will start the work.
- A further 30% shall become due on approval of Homepage design. Upon payment of this installment the client’s benefit offered by A2Z to suggest revisions shall cease. However, any changes in design after this point shall be made only on payment of additional charges.
- The final 20% shall become due once the website is completed. Only on receipt of final payment the website will be live.
- All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our web site and under no circumstances payable later than seven (7) days of receipt of our invoice.
- A2Z reserves the right not to begin the Services until the said non-refundable deposit has been paid in full. Unless otherwise stated, the fee quoted in the contract does not include the cost of domain registration, hosting set up fee or hosting.
3.2 Maintenance Fees
Maintenance, if included in the contract, shall be on a monthly basis, with a minimum of ________ payable in any month where updating is necessary. Fees will be assessed on an hourly basis. No fee will be required in a month where no updating is necessary. Search engine re-submissions, other than the original submission included in the contract fee, shall be included in the maintenance fee. Maintenance Fees are not applicable if the Client is updating the website itself using software provided by A2Z at the request of the Client.
3.3 Payment Schedule
Unless an alternative payment schedule has been referred to in the foregoing contract, the payment schedule defined in Clause 3.1 Fee Payable applies.
3.4 Remedies for Overdue Payment
If payment has not been received by the due date, A2Z has the right to suspend ongoing work for Client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 21 days after the due date, A2Z has the right to replace, modify or remove the website and revoke the Client’s licence of the work until full payment has been received. By revoking the Client’s licence of the Work or removing the web site from the Internet, A2Z does not remove the Client’s obligation to pay any outstanding dues.
- 4. DOMAIN NAME REGISTRATION
A2Z will, on request, acquire an Internet Domain Name on behalf of Client once full payment, including full relevant registration authority fees, has been received by A2Z. Any costs incurred by A2Z for the registration and renewal of any such domain shall be reimbursed to A2Z upon invoice from A2Z to Client, within ____ days of receipt. A Domain shall be deemed to have been registered on notification in writing from A2Z to Client. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, A2Z cannot be held liable for this. However, A2Z will make reasonable effort to contact the Client regarding domain renewal.
- 5. HOSTING
5.1 A2Z will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. We will 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.
5.2 All standard hosting offered by A2Z is limited to ____ mb of website space unless otherwise stated in a separate contract.
5.3 The date of renewal of Hosting will be annually from the date the website was made live. The Hosting will not be renewed if A2Z cannot contact the Client or if the Client requests A2Z not to host the site.
5.4 The Hosting renewal charge must be received within 7 days of the Hosting expiry date. A2Z reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. For reactivating the website/Hosting the client shall be liable to pay admin fee as set by A2Z.
5.5 If the Client does not use A2Z Hosting or Domain services, then the management and Hosting of the Domain name are the full responsibility of the Client.
- 6. SEARCH ENGINE OPIMISATION
A2Z will provide search engine optimization (SEO) if the Client requires us to do so and on receipt of full payment of our SEO fees. We will provide a reliable and professional service to the Client at all times but do not guarantee any high ranking or specific ranking on search engines.
- 7. USE OF ELECTRONIC MAIL
The use of E-Mail shall be considered by both parties as constituting written communication between parties.
A2Z and any third party associates shall use information provided by the Client in relation to this contract in accordance with the Data Protection Act 1998 and also to identify the Client in communications with them.
- 9. INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS
8.1 You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations in respect of the Services. Client shall be solely responsible for copyright and usage of images on website.
8.2 A2Z will have intellectual Property rights on any developed code and design of the website unless agreed with the client in written
- 10. INDEMNITY
You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these Terms and Conditions. This does not affect your statutory rights as a consumer.
- 11. TERMINATION
10.1 We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.
10.2 We may terminate this agreement upon written notice if you breach any of these Terms and Conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
10.3 On termination of the agreement we shall be entitled immediately to block your web site and to remove all data located on it. We will hold such data for a period of seven (7) days and allow you to collect it at your expense, failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
10.4 We may terminate or suspend any web site which is deemed to be causing a disruptive service to our clients as a whole.
10.5 You may terminate your account with us if we cannot resolve any technical issues or server problems within a reasonable amount of time. You will receive a refund for the remainder of the contract term. However, we will not refund any used parts of the service.
10.6 We may, without notice, withdraw or restrict any services and/or access rights which we reasonably believe are being used for illegal, abusive, unethical, pornographic or immoral purposes including, but not limited to, the transmission of illegal, abusive, unethical, pornographic or immoral material or the sale of illegal, abusive, unethical, pornographic or immoral goods or services. We will not and cannot be held liable for any illegal use of its services. We reserve the right to determine what material, products, services or other website content is and is not abusive, unethical, pornographic or immoral.
- 12. LIMITATION OF LIABILITY
12.1 We hereby exclude all conditions, terms, representations (other than fraudulent representations) and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these Terms and Conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose.
12.2 Nothing in these Terms and Conditions shall exclude our liability for death or personal injury resulting from our negligence.
12.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
12.4 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
- 13. NOTICES
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
- 14. LAW
These Terms and Conditions shall be governed by and construed in accordance with English law and you hereby submit to the jurisdiction of the English Courts.
- 15. ENTIRE AGREEMENT
These Terms and Conditions together with any document expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters.