The following Terms and Conditions of Service apply to all Graphic Design, Web Design and Web Development Services provided by Christopher Backhouse, Sud Web Designs, 7 route d’Aigues-vives, 34210 AGEL, France, SIRET No 511494643 00014 (Hereafter SWD).
All work is carried out by SWD on the understanding that the client has agreed to SWD’s terms and conditions.
Copyright is retained by SWD on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by SWD as fulfilling the contract. All othe designs remain the property of SWD, unless agreed in writing that this arrangement has been changed.
At the time of proposal, SWD will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on SWD’s website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to SWD. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept SWD’ terms and conditions. No work on a project will commence until either document has been received by SWD.
Charges for design services to be provided by SWD, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until SWD has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to SWD. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
Publication and/or release of work done by SWD on behalf of the client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. SWD shall be considered entitled to remove SWD’ and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay SWD reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to SWD for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by SWD on behalf of the customer, will remain the property of SWD and/or it’s suppliers.
The customer may request in writing from SWD, the necessary permission to use materials (for which SWD holds the copyright) in forms other than for which it was originally supplied, and SWD may, at it’s discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to SWD, the customer grants SWD permission to use this material freely in the pursuit of the design.
Should SWD, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow SWD to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold SWD free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that SWD holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by SWD, or any of it’s contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of SWD and any of it’s relevant sub-contractors.
All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. SWD will not be held responsible for any and all damages resulting from such claims. SWD is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold SWD responsible for any such loss or damage. Any claim against SWD shall be limited to the relevant fee(s) paid by the customer.
The client agrees to SWD’s definition of acceptable means of supplying data to the company.
Text is to be supplied to SWD in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, USB key or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by SWD via CD-ROM, USB key or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and SWD will not be held responsible for any image quality which the client later deems to be unacceptable. SWD cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by SWD of a design project’s duration is to be considered by the customer to be an estimation. SWD cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by SWD for the initial payment or by date confirmed in writing by SWD.
Rights of Access for Website Construction
The client agrees to allow SWD all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow SWD access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply SWD with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
SWD considers the design project complete upon receipt of the customer’s signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website design only
Once web design is complete, SWD will provide the customer with the opportunity to review the resulting work. SWD will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to SWD by e-mail or fax and confirmed by post.
SWD will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Cross Browser Compatibility
As stated by Yahoo …
Requiring the same experience for all users creates a barrier to participation. Availability and accessibility of content should be our key priority.
Supporting a browser should provide the best experience possible within the constraints of that browser, and should exclude none. Expecting pixel perfect accuracy across browsers is unrealistic and not cost effective. SWD will endeavour to produce a website that functions in a similar manner in the majority of modern web browsers.
If specified as part of the estimate, SWD will visit the Client’s place of business within a 20 km radius and capture images in digital format, for inclusion on the Client’s web site. Photographic retouching of these images is included in this package. If photographic capture is necessary and the Client’s place of business resides outside the 20 km radius, the Client may choose to capture the photographs independently.
Standard Hosting Service
If the provision of the website includes pre-configured or installed third party software, it is agreed that the Client will utilise SWD to host this account under terms described on SWD website. Should Client desire to move the website to a Host other than SWD, additional charges will be applied.
SWD cannot guarantee the availability of any domain name. Where SWD is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration. All charges incurred in doing so will be billed to the Client as an addition to the base price contemplated by this agreement.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, SWD cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
The customer agrees to allow SWD to place a small credit on printed material exhibition displays, advertisements and/or a link to SWD’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow SWD to place websites and other designs, along with a link to the client’s site on SWD’s own website for demonstration purposes and to use any designs in its own publicity.The customer also agrees to allow SWD to place websites and other designs, along with a link to the client’s site on SWD’s own website for demonstration purposes and to use any designs in its own publicity.
Third Party or Client Page Modification
Some Clients will desire to independently edit or update their web pages after completion of the site. If the Client desires this capability, it will be specifically listed in the estimate .
Note however, that if this option is selected and the Client or an agent of the Client other than SWD attempts to update the site on their own and damages the design or impairs the ability for the Web pages to display or function properly, time to repair the Web pages will be assessed at the hourly rate of €45. There is a one-hour minimum. In this regard, Clients are encouraged to obtain a Maintenance Agreement.
Rights of Refusal
SWD will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. SWD also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that SWD does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow SWD to remove the contravention without hindrance, or penalty. SWD is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, SWD will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by SWD within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
SWD makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. SWD will not be held responsible for any and all damages resulting from products and/or services it supplies. SWD is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take resonable steps to investigate the materials we recommend, we accept no responsibility for the performace or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold SWD responsible for any such loss or damage. Any claim against SWD shall be limited to the relevant fee(s) paid by the customer.
SWD reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. SWD will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
SWD and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. SWD recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. SWD reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by SWD and validated by the customer’s signature on the estimate or quotation form or an email signifying acceptance, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and SWD.