Terms

These terms comprise an agreement between the client (you/your) and Design 118 Ltd (Design 118/we/our).

These terms may be updated from time to time as necessary, should this happen we will make every effort to inform you of any changes to the Agreement, but it is ultimately your responsiblity to ensure that you have a full understanding of your agreement with Design 118 Ltd.

1. Agreement

You understand and agree to the following terms and authorize our services:

You agree that you are hiring Design 118 as an independent contractor for the purpose of designing a world wide web site to be published on a hosting and domain account on an Internet Service Provider (ISP) and/or the registration, transfer or renewal of domain names on your behalf.

You authorize Design 118 to setup and/or access your hosting and domain accounts, or any other programs needed for this web design project that are included as part of your service requests.

You also authorize Design 118 to add hidden search keywords to your benefit, and a description to enable Design 118 to submit the completed web design project to major web search engines once final payment for our work is received, if desired.

2. Development

During the process of creating your web site, you may be able to view the work in progress on a site owned by Design 118 (www.design118.co.uk) or your own domain name/hosting account and give Design 118 feedback during the designing stages. You are urged to promptly provide Design 118 with comments or instructions regarding any changes or corrections.

3. Copyrights and Trademarks

You guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Design 118 for use in the project are yours or that you have permission from the rightful owner to use each of these elements and that we am not liable for using them on your behalf.

4. Website Maintenance

This agreement includes minor website maintenance over a 1 month period after completion of up to one half hour per standard html web page of minor changes to sentences or paragraphs but does not include replacing a large amount of text from a page with new text, major page reconstruction, adding new pages, guest books, discussion forums, navigational changes, correcting/repairing attempted updates by you which have caused problems in the website, or repairing hacks or attempted hacks, which are outside of our control.

5. Completion Date

Once the project is scheduled to begin, you agree to provide the materials (images and/or text), as per our discussions/correspondence, in a timely manner. Design 118 cannot complete the web design in a timely manner if you don't provide us with the necessary content! Design 118 agree to work to complete the project no later than 28 days after you have submitted all necessary materials, unless agreed otherwise.

Your cooperation is key to the scheduling of our other projects. Failure to maintain the work pace because you haven't provided materials in a timely manner may mean Design 118 have to set aside your project for future scheduling. In that event we reserve the right to request a reactivation charge (up to 25% of the agreed total for the project) for the extra time spent re-establishing the project flow, unless otherwise agreed.

6. Project Delivery

Final payment is expected within 7 days of final publication, unless otherwise agreed. If not received it is possible your website may be suspended until payment is received unless this has been discussed and agreed otherwise. See 11. Payment Plans for details of extended payment.

7. Domain Registration & Website Hosting

You agree that Design 118 will arrange for suitable domain registration and/or web hosting through third parties as part of the service we provide, unless otherwise agreed in advance.

Design 118 cannot guarantee that all functions contained in the web design project will be uninterrupted or error-free from any of the third party service providers such as internet or domain companies which are all beyond our control.

8. Electronic Commerce Laws

You are solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the project or any other services contemplated herein.

9. Copyright

The finished web design site Design 118 produce will belong to Design 118. You will be assigned full rights to it upon receipt of final payment. Legal rights to photos, graphics, source code, work-up files, and computer programs owned by others are specifically not being transferred to you, but remain the property of their respective owners.

Design 118 reserve the right to display graphics and other web design elements as examples of work in portfolios and marketing materials. All web design projects will contain a link to our own web site as the designer/author unless otherwise agreed in advance.

10. Payments & Payment Schedule

You agree payments will be made promptly, and in the event collection by a third party proves necessary, the client agrees to pay all fees (including all legal fees and court costs) incurred by that process.

You and Design 118 will have already discussed the estimated cost of your project and you agree to pay Design 118 the customary deposit (non-refundable) of 50% of the estimated total or the amount we have agreed upon.

11. Extended Payment Schedule

Where Design 118 have offered you an extended Payment Schedule, this will be for a period of no longer than 12 months and all website files, designs, logos and content will remain the property of Design 118 until the final payment has been received, as agreed in the supplemental Standing Order/Payment Terms Agreement, which you will sign to confirm your acceptance.

Should you fail to keep to the extended payment schedule, we reserve the right to cancel the agreement with immediate effect and will produce an invoice for the full outstanding balance, which will be subject to our usual 7 day terms.

It is an explicit term of the extended payment schedule that your website must be hosted on a webhosting account operated by Design 118, at the current monthly Hosting rate, for the duration of the extended payment schedule. Any attempt to copy, amend or otherwise interfere with the website or hosting account will be seen as a direct breach of this agreement and may result in legal proceedings by Design 118.

12. Legal Disclaimer

The Websites designed by Design 118 Ltd are done so at the exclusive direction of and based on information provided by each individual Web site owner. The sole and entire responsibility for that information rests with the individual web site owner.

Design 118 Ltd shall not be liable in any way whatsoever for:

• Any damage of any kind (direct, indirect, consequential, incidental or punitive) which results from the use of, access to or inability to use the information contained in any web site which it has designed.
• Any errors or omissions in the contents of any web site which it has designed.
• Any damages to or viruses that may infect a site visitor's computer equipment, software, data or other property which result from a site visitor's access to, use of or browsing in any site designed or maintained by Design 118.
• Any damages which result from the downloading of material, data, text, images, video or audio from any site designed by Design 118.
• Any content in any site linked to a site designed by Design 118 and any resulting damages from a site visitor's access to any such linked site. Site visitors link to any other such sites at their own risk.

Our agreement becomes effective when you acknowledge these terms by confirming that you have read and agreed to them, either verbally or by email.

Website Terms Questions

If you have any questions relating to our Website Terms you can call us free from 9am-6pm (Mon to Fri) on 0800 01 22 811 or contact us using our online message form.