Terms and Conditions

AFFORDABLE WEB DESIGN,
7 ISBETS DALE,
THORPE MARRIOTT,
NORWICH,
NORFOLK.
NR8 6XA

1.    AGREED WEB SITE SPECIFICATIONS

2.    WEB SITE DESIGN FEES
2.1.    FEES PAYABLE
A non refundable deposit of 20% of the total fee payable under the contract is due immediately upon the signing of the contract. The remaining 80% shall become due when the Work is completed to the reasonable satisfaction of the Client but subject to the terms of Clause Approval of Work and Clause Rejected Work hereof.  AWD reserves the right not to begin the Work until the said deposit has been paid in full.

 
3.    DISCLAIMERS
3.1.    THIRD PARTIES
AWD can take no responsibility for services provided by third parties through us or otherwise, including the Hosting of the Client's Website, although AWD will endeavour to ensure that Website downtime is kept to a minimum.
3.2.    OFFERS AND PROPOSALS
Offers and proposals made by AWD to potential clients should be treated as trade secrets and remain the property of AWD.  Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from AWD.  This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
3.3.    WARRANTY BY CLIENT AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to AWD for inclusion on the Website.  The conclusion of a contract between AWD and the Client shall be regarded as a guarantee by the Client to AWD that all such permissions and authorities have been obtained and that the inclusion of such material on the Website would not constitute a criminal offence.  By agreeing to these terms and conditions, the Client removes the legal responsibility of AWD and indemnifies the same from any claims or legal actions however related to the content of the Client's site.
3.4.    DOMAIN NAME
Any Domain Name obtained will belong to the Client.  The Client agrees to indemnify AWD, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party.  The Client warrants that the domain name sought is not a trademark of a third party.
3.5.    LICENSING
Once AWD has received full payment of all outstanding invoices and the Work has been approved by the Client in accordance with Clause Approval of Work hereof, the Client will be granted a licence to use the Website and its contents.

4.    COMPLETION OF WORK AND PAYMENT
4.1.    COMPLETION OF WORK
AWD warrants completing the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client.  AWD will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement.  AWD will not undertake changes to the specifications of the Work which would increase the cost, without prior written authorisation from the Client.
4.2.    SUPPLY OF MATERIALS
The Client is to supply all materials and information required for AWD to complete the Work in accordance with the agreed specification.  Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials.  Where the Client's failure to supply such materials leads to a delay in completion of the work, AWD has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount.  Where the Client's failure to supply materials prevents progress on the Work for more than 21 days, AWD has the right to invoice the Client for any part or parts of the Work already completed.
4.3.    APPROVAL OF WORK
On completion of the Work, the Client will be notified and have the opportunity to review it.  The Client should notify AWD, in writing, of any unsatisfactory points within 7 days of receipt of such notification.  Any of the Work which has not been reported in writing to AWD as unsatisfactory within the 7 day review period will be deemed to have been approved.  Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the 80% balancing payment under Clause Fee Payable will become due.  The Contract will remain in effect until all obligations have been completed in terms of this Clause.
4.4.    REJECTED WORK
If the Client rejects the Work within the 7 day review period, or will not approve subsequent Work performed by AWD to remedy any points reported by the Client as unsatisfactory, and AWD considers that the Client is unreasonable in his repeated rejection of the Work, the contract will be deemed to have expired and AWD can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
4.5.    PAYMENT
Upon completion of 7 day review period, AWD will invoice the Client for the 80% balancing payment in accordance with Clause Fee Payable hereof, which, in the absence of agreement to the contrary, is to be paid by the Client within 21 days of the date that the invoice was issued.
4.6.    REMEDIES FOR OVERDUE PAYMENT
If payment has not been received by the due date, AWD has the right to suspend ongoing work for Client, until such time that full payment of the outstanding balance has been received.  If full payment has still not been received 21 days after the due date, AWD has the right to replace, modify or remove the Website and revoke the Client's licence of the Work until full payment has been received.  By revoking the Client's licence of the Work or removing the web site from the Internet, AWD does not remove the Client's obligation to pay any outstanding monies owing.