OUR TERMS AND CONDITIONS

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

The following terms and conditions apply to all website development / design services provided by Walker & Davies Ltd to the Client. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

1.1 The Client agrees to:

1.1.1 Provide Walker & Davies Ltd, within a reasonable timescale, everything that is requested from you to complete the Project ­ including text, images and other information.

1.1.2 Provide the Walker & Davies Ltd with text and images in the format as stated below (see photographs and images)

1.1.3 Review the Walker & Davies Ltd’s work, provide feedback, and sign­off approval in a timely manner.

1.1.4 Make every effort to adhere to all agreed deadlines.

1.1.5 Adhere to the payment schedule laid out on the proposal or agreed separately for bespoke work.

1.1.6 Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.

1.1.7 Provide a minimum of one month’s notice in writing, or by email should you wish to cancel any contract.

1.2 Walker & Davies Ltd agrees to:

1.2.1 Carry out services in a professional and timely manner.

1.2.2 Make every effort to adhere to any deadlines agreed between us and you.

1.2.3 Make a reasonable number of revisions to the design, layout, colours etc, until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 2 major revisions. Additional revisions or design work outside the scope of the project will be charged separately.

1.2.4 Endeavour to complete requested website revisions or updates within 48 hours, entitlement per month is dependant on your support package.

1.2.5 Maintain up to date skills and knowledge through regular training and research.

1.2.6 Contact you before the end of the first 12 month period, to discuss the various options
open to you for continuing website maintenance and support and/or hosting.

2. Charges

Charges for services to be provided by Walker & Davies Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Walker & Davies Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. A second charge of twenty five (25) percent is required after the development stage, with the remaining twenty five (25) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by cheque or bank transfer. Cheques should be made payable to Walker & Davies Ltd and sent to Walker & Davies Ltd, 9 Raeside Close, Seer Green, Bucks HP9 2UB. Bank details will be made available on invoices.

3. Client Review

Walker & Davies Ltd will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Walker & Davies Ltd otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

Walker & Davies Ltd will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Walker & Davies Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed by Walker & Davies Ltd.

In return, the Client agrees to delegate a single individual as a primary contact to aid Walker & Davies Ltd with progressing the commission in a satisfactory and expedient manner.

During the project, Walker & Davies Ltd will require the Client to provide website content; text, images, movies and sound files

5. Failure to provide required website content:

Walker & Davies Ltd is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system you are able to keep your content up to date your self.

6. Payment

Invoices will be provided by Walker & Davies Ltd upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

7. Additional Expenses

Client agrees to reimburse Walker & Davies Ltd for any additional expenses necessary for the completion of the work outside of what is stipulated in their proposal. Examples would be purchase of special fonts, stock photography etc.

8. Web Browsers

Walker & Davies Ltd makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Walker & Davies Ltd cannot guarantee correct functionality with all browser software across different operating systems.

Walker & Davies Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Walker & Davies Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Walker & Davies Ltd ‘s Web space, Walker & Davies Ltd will, at its discretion, remove all such material from its web space. Walker & Davies Ltd is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Walker & Davies Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Walker & Davies Ltd in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity

All Walker & Davies Ltd services may be used for lawful purposes only. You agree to indemnify and hold Walker & Davies Ltd harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Walker & Davies Ltd the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Walker & Davies Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Walker & Davies Ltd from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Walker & Davies Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

13.1 Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Walker & Davies Ltd to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

13.2 Any images or photographs that you supply should be in digital format, usually no smaller than 1024×768 pixels, with a suitable resolution that will allow them to be resized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and retouching the images. This depends entirely on the project and the number of images involved.

13.3 Any images that the company are asked to obtain from third party photographers or stock photography outside of the agreed proposal will be charged as an additional cost.

13.4 The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend the Company and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

13.5 Evidence of ownership or permissions may be requested by the Company.

14. Design Credit

A link to Walker & Davies Ltd will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design unless a client requests that the design credit be removed. The Client also agrees that the website developed for the Client may be presented in Walker & Davies Ltd portfolio.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, Walker & Davies Ltd must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

16. Post-Placement Alterations

Walker & Davies Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names

Walker & Davies Ltd may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Walker & Davies Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. Post Going Live Alterations and Amends

Once a client’s website is completed, signed off and officially gone ‘live’ the client then has a ten day period within which to make any minor amends within the site. Major changes, updates or a change in photography will need to be negotiated within a separate proposal with new costings and a set of deliverables.

19. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

20. Governing Law

This Agreement shall be governed by English Law.

21. Liability

Walker & Davies Ltd hereby excludes itself, its Employees and or Agents from all and any liability from:

    • Loss or damage caused by any inaccuracy;
    • Loss or damage caused by omission;
    • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
    • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Walker & Davies Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

22. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone.