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Web Sites That Work Inc. | Terms and Conditions
Definitions:
The Client : The company or individual requesting the services of Web Sites That Work, Inc..
Web Sites That Work, Inc ( herein referred to as WTW). Primary designer/site owner & employees or affiliates.
General
WTW will carry out work only where an agreement is provided either by email, telephone or fax.
WTW will carry out work only for clients who are 18 years of age or above. An “order” is deemed to be a written or verbal contract between WTW and the client, this includes telephone and email agreements.
Web Site Design
Although every endeavor will be made to ensure that the client’s web site and any scripts/programs are free of errors, WTW cannot accept responsibility for any losses incurred due to malfunction on the web site or any part of it.
The web site, graphics and any programming code remain the property of WTW until all outstanding accounts are paid for in full.
Any scripts, cgi applications, php/java/asp scripts, or software (unless specifically agreed) written by WTW remain the copyright of WTW and may not be
commercially reproduced or resold without the explicit written permission of WTW.
WTW cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to copy provided by the client will be carried out at the discretion of WTW and where no charge is made by WTW for such additions, WTW accepts no responsibility to ensure such additions are error free and reserve the right to charge the appropriate amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to WTW all materials required to complete the site to the agreed standard and within
the set deadline.
WTW will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
WTW will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the
part of a site owner. i.e. Any disputes regarding content/images that have been provided to us for inclusion on the site.
WTW will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
WTW will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided
by its agents.
A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our web design contract. There are no exceptions
to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that
has been done. Non-payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has
been completed to the clients satisfaction and no refunds can be offered. We do offer free revisions, based on the Package Plan selected, after completion to
allow for any final amendments that may be required.
Application Development
WTW cannot take responsibility for any losses incurred by the use of any software created for the client. Even though every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by WTW remain the copyright of WTW and may only be commercially reproduced or resold with the explicit written permission of WTW.
Where applications or sites are developed on servers not owned by WTW, the client is expected to provide or seek any information, additional software, support or
cooperation pertaining to the server required in order for the application to be correctly developed.
The client is expected to test fully any application or programming relating to a site developed by WTW before being made generally available for use. Where "bugs", errors or other issues are found after the site is 'live', WTW will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in
the web design worksheet.
Compatibility
WTW will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsing software Mozilla Firefox 2 or higher and to an acceptable level with Microsoft Internet Explorer version 6 or higher. WTW can offer no guarantees of correct function with all browser software.
Web Site Hosting
While WTW hosts your website, no guarantees can be made as to the availability or interruption of this service by WTW and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
WTW reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the
hosting service should the necessity arise.
Search Engine Web Site Optimization
Due to external factors, such as the ever changing modifications to the way search engines rank web sites, we cannot offer any guarantees regarding the position
we will achieve for web sites. The process of optimizing web sites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We
cannot accept liability for any change in rankings, or drop off in the position of your web site due to changes in the algorithms of the search engines or the factors
that they use to rank web sites.
We use the newest technology when optimizing web sites for search engines and always aim to achieve a first page ranking for your web site within six months of undertaking the search engine optimization process. Due to the work involved we are unable to offer a refund of any customer service plan, the client has selected in relation to this type of work.
WTW reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Web Material
The client has the right to supply WTW with royalty free photos to be used on their web site. WTW will not be liable or become involved in any disputes between the site owner and their clients or vendors and cannot be held responsible for any wrongdoing on the part of a site owner. i.e. Any disputes regarding content/images
that have been provided to us for inclusion on the site. WTW will supply royalty free photos for a client site at the cost of $15.00 per photo.
WTW reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the
hosting service should the necessity arise.
Annual Domain Renewal
The client has the right to supply WTW with a registered domain name for their web site. WTW will not be liable or become involved in any disputes between the
site owner and their clients or vendors and cannot be held responsible for any wrongdoing on the part of a site owner. i.e. Any disputes regarding URL addresses
that have been provided to us for inclusion on the site development. WTW will supply a registered domain name for a client site at the non-refundable cost
of $25.00, and will bill the client $25.00 (non-refundable) each year for the annual renewal. The fees incurred with domain name registration/renewal includes,
but is not limited to researching available domain names. registering the name, filing the paperwork to record each transaction and the covering the cost of WTW employees involved.
WTW reserve the right to refuse to research or register any domain name which may be deemed offensive, illegal or in any way controversial, and also to
terminate the services agreed upon should the necessity arise.
Customer Service Plans
WTW offers monthly Customer Service Plans to their clients. If the client elects to participate in the Customer Service Plan, the client's provided credit card will automatically be credited each month for the fee associated with the selected plan. The client may cancel at any time by providing WTW with a written cancellation notice thirty (30) days in advance. Charges for the current month of the selected Customer Service Plan is non-refundable.
Should the client elect not to participate in the Customer Service Plan, any and all work performed by WTW's Customer Service department will be billed to the client's credit card at a rate of $75.00 per hour (minimum one (1) hour).
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the WTW policy that any outstanding accounts for work carried out by WTW or its
affiliates are required to be paid in full, no later than 10 days from the date of the invoice unless by prior arrangement with WTW.
Once a deposit is paid and work completed, you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them
of such payments if they are not received when due.
If accounts are not settled or WTW have not been contacted regarding the delay, access to the related website may be denied and web pages removed. A
re-activation fee of $75.00 will be required with your payment, to re-implement your web site. If the outstanding balance remains unpaid for 60 days, we will then
pass such cases to the Small Claims Court to pursue payment, non-payment can result in county court judgments being added to the clients credit rating.
Following consistent non-payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek
payment through legal procedures, and if necessary court summons.
Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work
related matters.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by WTW should raise the matter with us directly using our Request Form
to do so, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint.
WTW will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with
informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to the management of WTW, who will acknowledge receipt and ensure that the matter is looked into
as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be
completed within 30 days and any subsequent remedy implemented with the minimum of delay.
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