TERMS & CONDITIONS OF SALES AND SERVICES
These terms and conditions apply to all website design and implementation services supplied by Stop Designs. By ordering services from Stop Designs you are agreeing to the following terms and conditions. Please ensure that you read and understand these terms and conditions.
In this agreement the terms have the following meanings:
- "Stop Designs" is a website design, consultancy and implementation business having its principal place of business at 75 Manor Lane, Sunbury-On-Thames, Middlesex, TW16 6JE, United Kingdom.
- "Client" is a person, persons, business or organisation using any of the services provided by Stop Designs.
- "Project" is any work undertaken or service provided by Stop Designs for the Client on their request and as described in our confirmation order email to that Client.
- "Live Mode" means the date the website is available on the Client's chosen domain.
- "Domain" is the website address as specified by the Client.
- "Open Source Software" is software made freely available to anyone under the GNU General Public License (GPL).
- "'Hosting" is a yearly cost to keep a clients website activated online.
- "Content" is both text and images that the Client requires on the website.
- "Agreement" means the contract between Stop Designs and the Client to which these conditions will apply.
- "Order" is the request by the Client for Services in the form of a printed order or other form of agreement.
- "Service" means the design and implementation of a Website to the Client specification as notified on the Order.
- The contract between Stop 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 works to be carried out shall be as set out in the Stop Designs confirmation order email.
- Email will be the principle method of contact with regard to all communication. Although Stop Designs can be contacted by contact, it will use email as the preferred method of communication and therefore it is the Client's responsibility to inform Stop Designs of any change in email address. Stop Designs can not be held liable in any way relating to communication issues if it is not supplied a valid email address.
- Stop 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.
- It is important for that the Client keeps in contact with Stop Designs throughout the entire Project.
- Stop Designs accepts payment by cheque (payable to "Stop Designs"). Stop Designs reserves the right to vary its prices without notice.
- A non refundable deposit of 50% of the quotation fee is due with order, unless otherwise agreed. On completion of the website the Client will receive an invoice for the remaining 50% plus any additional fees for services mutually agreed after placing the initial Order. This will be due for payment strictly within 7 days of submission. Websites will not be transferred to the permanent server (Live Mode) until full payment has been received.
- A cancellation fee may be charged if the Client cancels the Service prior to completion. The fee will be equal to the amount of work completed at the point of cancellation.
Limitations of Liability
- Stop Designs will use reasonable skill and care in providing the Service. However, it makes no representation and excludes any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Service.
- Stop Designs will manage the hosting of the website if the Client requires it to do so and on receipt of full payment of the Hosting fees. In doing so, Stop 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 its control.
- Stop Designs hereby excludes itself, its Employees and/or Agents from: all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the website; All and any liability for loss or damage to clients artwork/photos, supplied for the site. This is whether the loss or damage results from negligence or otherwise.
- Stop 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 Stop Designs.
- Stop Designs shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this Agreement or operation of the Service. In no event will Stop Designs be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.
- Stop Designs cannot make guarantees of service on behalf of third party organisations and will not be held liable for the failure in any service provided by third parties.
- Any web page, design or entire site designed by Stop Designs carries a copyright, and cannot be reproduced without the written consent of Stop Designs. The placing of an order by the Client or other person/Agency on behalf of the Client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the website. The Client must indemnify Stop Designs in respect of all actions; proceedings; costs demands and claims arising from any such breach.
- Stop 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 all Content (excluding the source code (eg: XHTML, HTML and CSS coding), Open Source Software and those images created by Stop Designs) and Domain Name for the website. Images that have been supplied and/or purchased by the Client will remain the sole property of the Client.
- Stop Designs has no control of, or responsibility for, the content of Clients' websites. In no way does the textual or image based Content of the Clients' websites constitute Stop Designs endorsement, or approval of the website or the material contained within the website. Stop Designs has not verified any of the materials, images or information contained within the Clients' websites and is not responsible for the content or performance of these sites or for the Clients' transactions with them. Stop Designs provides links or references to its Clients' 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.
- Stop Designs is not liable for loss, damage or corruption to files or information stored on hosted computers and its individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.
- Where asked to provide search engine optimisation for a Client, Stop Designs does not guarantee any specific placement or high ranking on search engines.
- Where images used on the website have been purchased by Stop Designs on behalf of the Client, these images are strictly for use on the website only. Stop Designs is 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 organizations.
- 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. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client, they will be the sole responsibility of the Client.
- On completion of the Service, the website will be uploaded to the Client area of Stop Design's server for approval. Where the Client's site is being hosted by a third party, Stop Designs reserves the right to delay uploading of the website until full payment has been received.
- Any website designed by Stop Designs and built using Stop Design's Content Management System is designed to fully function with Stop Design's preferred hosting service. Should the Client host their domain name elsewhere, Stop Designs will provide the required files to the Client
- Stop Designs is not responsible for uploading or implementation of the Content Management System on any hosting service other than that recommended by Stop Designs.
Open Source Software
- It is the Client's responsibility to check with Stop Designs whether Open Source Software is being used or not.
- 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 required to pay for the installation time. Open Source Software is not owned by Stop Designs or the Client.
Domain Names and Registration
- The Client reserves the right to register a domain name for their website. If the Client requests Stop Designs to register a Domain name on their behalf the Client will become the legal owner of the domain name. If the Client requests to have details changed or the domain transferred elsewhere, Stop 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, Stop Designs can not be held liable for this. However, Stop Designs will make reasonable effort to contact the Client regarding domain name renewal.
- If the Client does not use Stop Designs preferred hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
- If a Domain name is purchased by the Client through an organization other than Stop Designs, the Client has full responsibility in making sure that the domain name is renewed when due. Stop Designs will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through an organisation other than Stop Designs.
- Stop Designs will provide the Client with an expected completion date for the Project (ie the Live Mode on the internet) if requested. Stop Designs will endeavour to meet any given deadline, but it does not guarantee and is not bound in any way to complete the Project by this date.
- The timescale will commence on receipt of both the 50% deposit and all website content from the Client. Stop Designs may need to extend any timescales due to circumstances beyond its control.
Governing Law and Jurisdiction
- The placing of an order will confirm acceptance of these conditions which are attached to the Order.
- These terms shall be governed by and interpreted in accordance with English Law. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
- In the event any one or more of the provisions of this Agreement and/or Order shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order shall be unimpaired and the Agreement and/or Order 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.