Web Design and Development Terms and Conditions
Quvex Limited Internet/website design and development is carried out under the following terms and conditions. These apply to the exclusion of all other terms and conditions unless stated otherwise in any official correspondence. These terms and conditions do not affect your statutory rights.
Definitions: In these terms "we/us/our" means Quvex Ltd and "you" means the Client, whose name appears on the Quvex proposal/quotation. The "Contract" means the agreement between you and us based on correspondence indicating acceptance of our proposal/quotation. The "project" and/or "development" means the work to be carried out as specified in the Quvex proposal/quotation.
1. Variation
These terms and conditions may be subject to amendment from time to time. If these terms and conditions are altered you will be notified by email, letter or other appropriate medium. If you have any uncertainties about these conditions as they might apply to you or your project, it is your responsibility to clarify the situation by contacting us before your project commences.
2. Content
a) Unless otherwise agreed in your proposal/quotation or covering correspondence it is your responsibility to provide us with the required information about your business. Quvex Ltd takes no responsibility for errors in content supplied by you.
b) You grant Quvex Ltd permission to utilise logos and any other company identity for the purposes of the development.
c) You agree to indemnify Quvex Ltd from any and all claims arising from your negligence or inability to obtain proper copyright permissions for any and all content supplied by you to us.
d) Unless otherwise agreed upon a design credit with a link to the Quvex Ltd website will appear on the main home page of your website either in text or graphic format. The link will be in-keeping with the overall design of the site.
e) In the event that Quvex Ltd is unable to complete a Website because of a lack of content (text and/or pictures) due to be supplied by you, then holding text will be added using industry standard "lorum ispsum" text and appropriate library pictures. At this point the Website will be considered completed and invoiced accordingly under our standard payment terms.
3. Design and development
a) We will provide you with our estimated timescale for progress and completion of the project and will use reasonable endeavours to meet those timescales.
b) We shall have no liability to you nor be deemed to be in breach of this Contract if we are delayed in performing or unable to perform any of our obligations under it due to circumstances beyond our reasonable control. This includes delays incurred by slow or failed communication.
c) The price quoted in your proposal/quotation is a fixed price for the works as specified in the proposal/quotation. If no additional features are requested during development the quoted price is the price you will pay. However, if additional features are requested additional charges may be made at our discretion.
d) If additional charges are deemed necessary at any stage in the development process we will always notify you beforehand and give you the option of either incurring the fees or declining the feature/work.
4. Payment
a) In the case of development projects or works with proposed costs of less than £500 Quvex Ltd requires no deposit. Payment for development projects with proposed costs of over £500 will be on the basis of a 50% deposit payment with order. This deposit must be received before project commencement. The balance of fees will be invoiced either on completion of the project or in accordance to the payment terms specified in your proposal/quotation.
b) Subsequent Annual Service Agreement payments will be invoiced thirty days in advance of the anniversary of the initial payment.
c) All fees referred to in the proposal and these terms are exclusive of Value Added Tax or its International equivalent.
d) If payments are not received by the due date for payment (14 days from date of invoice unless other terms are stated on your invoice) you will be asked to pay us interest on the amount unpaid and a compensation fee in accordance with the Late Payment of Commercial Debts [Interest] Act 1998 (as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002). Interest is charged at the annual rate of 8% above the act reference rate. The amount of compensation varies according to the overdue sum: For debts of less than £999.99 the compensation is £40.00; for debt of £1000.00 to £9999.99 the compensation is £70.00 and for debts greater than £10000 the compensation amount is £100.00.
e) If payments and late payment interest/compensation are not received by us by the due date(s) we reserve the right to suspend your Service Agreement and/or other services until such time as payment is received in full (without prejudice to any other remedy available to us).
5. Rights
a) You retain ownership of copyright, trademarks and other intellectual property rights in materials that you provide to us for use in the development.
b) All copyright, trade marks, patents created, developed, subsisting or used in or in connection with the design and development of the project will be transferred to you on settlement of all outstanding sums due.
c) Ownership of the Intellectual Property Rights of the development/programming code/design will remain with Quvex Ltd until all outstanding sums due to Quvex Ltd have been paid in full, whereupon ownership will transfer to you.
d) Intellectual Property Rights of the development/programming code/design are not transferable to any third parties and furthermore, any associated software/systems may not be re-distributed, sold or rented unless otherwise agreed by Quvex Ltd in writing.
6. Cancellation
If you wish to cancel your project you are required to do so in writing giving 5 working days notice. Cancellation will only be effective on receipt of such notice. If the development is not complete at the time of cancellation you will be required to pay the balance of our costs to date. Any payments already paid to Quvex Ltd are non-refundable.
7. Reservations
Quvex Ltd reserves the right to withdraw services at any time subject to 14 days written notice.
8. Warranties
Quvex Ltd makes no warranties of any kind, whether express or implied, for the services it provides other than for technical errors and oversights. Quvex Ltd will not be responsible for any direct, indirect or consequential damages that may result from the use of its services, including loss of data resulting from delays, non-delivery or interruption in service. You acknowledge and agree that Quvex Ltd cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond our control.
9. Indemnity
All services may be used for lawful purposes only. You agree to indemnify and hold Quvex Ltd harmless from any claims resulting from your use of our service that damages you or any other party.
10. Liability
Our total liability to you in contract or in tort arising in connection with this Contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings nor for any other indirect or consequential loss.
11. Standard charges
In the absence of agreed rates our standard hourly rates will apply plus travelling and subsistence on a costs as incurred basis.