Forthweb Terms and Conditions of Business Agreement
Definition of our terminology as used within this document:
- ´Project´ : Any work undertaken or service provided by Forthweb for the Client on their request.
- ´Client´ : A person, persons, business or organisation using any of the services provided by Forthweb.
- ´Domain´ Website address as specified by the Client and used in the website design.
- ´Hosting´ Is a monthly / yearly cost to keep a clients website online.
- ´Content´ Is text and images that the Client requires on the website.
- 'SEO' Search Engine Optimisation is work carried out on a website to try and help it rank higher.
- 'Design Phase' A stage when the designer is building the layout of the website.
- Note: The 'Design Phase' is complete when Forthweb have added all they can to the site, without further content being supplied by the client.
The failure of the client to supply requested content to complete the website will not prevent the design phase from being declared complete.
This is the stage when SEO would normally commence.
The Client agrees to:
i. Provide Forthweb, within a reasonable timescale, everything that is required / requested to complete the Project - including text, images and other information.
ii. Make every effort to adhere to all agreed deadlines.
iii. Adhere to the payment schedule
iv. Maintain the security of email addresses, passwords and login details.
Forthweb Terms & Conditions
The contract between Forthweb 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.
1. The works to be carried out shall be as set out in the Forthweb confirmation order email.
2. Email will be the method of contact with regard to all communication in respect of the website design & development. It is the Client´s responsibility to inform us of any change in email address. Forthweb can not be held liable in any way relating to communication issues if we are not supplied with a valid email address. Forthweb will, where possible, acknowledge all emails within 3 working days.
3. Forthweb reserve the right to cancel a contract should a customer contact be in breach of our anti-harassment policy (*). Calls made to us may be monitored and recorded.
4. Forthweb, unless otherwise agreed to do so, will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. Forthweb will require the outstanding 50% payment upon completion of the design phase.
5. Free design revisions offered by Forthweb end when the client makes the second payment of 50%. Design changes after this point may be subject to additional charges.
6. Forthweb shall expect the Client to carry out sufficient research to ensure the website/idea/business will operate legally. The website should not be in any way illegal.
7. It is important for the Client to keep in contact with Forthweb throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 5 attempts to contact the client by email using the email address specified. If no response is received then the Project may be terminated, and the deposit will not be refunded. We may levy a £50 admin charge if the client later returns and wishes to continue work on their project.
8. Where images used on the website have been purchased or otherwise provided by Forthweb on behalf of the Client, these images are strictly for use on the website only. Forthweb are 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 organisations.
9. Any images or photographs supplied by the client should be in digital format, 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.
10. Forthweb will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. Forthweb will endeavour to provide a reliable and professional hosting service 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 our control.
11. Forthweb cannot be held responsible for anything adversely affecting the Client´s business operation, sales, or profitability that might be claimed is a result of any service provided by Forthweb / Forthseo.
12. Where asked to provide search engine optimisation (SEO) services, Forthweb will endeavour to achieve a high ranking but do not and will not guarantee any specific placement or high ranking on any search engines.
13. SEO services where requested will commence after completion of the Design phase. Forthweb will try to achieve a high ranking position but do not take any responsibility for a clients website rank on search engines. Website rankings are subject to changes outwith our control.
14. Forthweb will provide the Client with an estimated completion date for the Project if requested. This estimate will be based upon the assumption that the client will supply all the requested content in a timeous manner. Forthweb will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Forthweb is purely an estimate.
15. Forthweb 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 the design and code of the website. Images provided by Forthweb are licensed only for use on the client website.
16. 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 and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied / authorised by the Client, then they will be the sole responsibility of the Client. This clause excludes images which are provided by Forthweb.
17. Domain names purchased by Forthweb will be registered to Forthwebs address. Although the domain names are registered to Forthweb, the Client can still be the legal owner of the domain, where previously agreed and fully paid for. Where not previously agreed or paid for, then Forthweb will retain all rights and ownership of the domain name.
18. Domain names transferred by a client to Forthweb shall, providing all fees due in respect of that transfer are paid, continue to be owned by the client.
19. Email addresses associated with the domain name remain the property of Forthweb, unless otherwise agreed. Users of the email addresses are responsible for the content of any emails sent or received. Forthweb reserve the right to withdraw access to email addresses for any misuse of email accounts.
20. All services, provided by Forthweb may be withdrawn or suspended, if monetary amounts due to Forthweb are outstanding.
21. Where clients control the domain name it is their responsibility to renew it when due. If that domain name expires, Forthweb can not be held liable.
22. Hosting is charged on a monthly or yearly basis. Hosting will not be renewed if Forthweb cannot contact the Client or the Client requests for hosting to cease. This will also affect the domain as per item 17 and 18.
23. Forthweb reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal fee. There will be an admin fee set by Forthweb for reactivating the website/Hosting.
24. If the Client does not use Forthweb Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
25. Should a Client wish to move Hosting away from Forthweb or transfer a Domain name away from Forthweb, a £50 admin charge will be issued, which must be paid before the transfer takes place. All outstanding fees must be settled before this transfer takes place.
26. Forthweb shall place a link on the footer of a Clients website that simply states the website was designed by Forthweb and links to our company website.
27. Forthweb are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client´s website. The Client is solely responsible for any information or files relating to its website.
28. If a Domain name is purchased by the Client through another company other than Forthweb, the Client has full responsibility in making sure that the domain name is renewed when due.
29. Forthweb makes no claims that the contents of this website may be lawfully viewed or downloaded outside Scotland. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of Scotland, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor´s jurisdiction. The terms and conditions of this website are governed by the laws of Scotland. Jurisdiction for any claims arising in respect of this website´s content shall lie exclusively with the courts of Scotland. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
30. User agrees to indemnify, defend and hold Forthweb and its affiliates, licensors, content and service providers, participating publishers, authors, dealers, and suppliers harmless from any liability, loss, claim, and expense, including lawyer´s fees and expenses, related to a User´s violation of this Agreement or use of the Web site.
31. Forthweb cannot be held liable or responsible for the security of the website. It is the clients responsibility to keep any access codes secure.
32. By accepting the contract by word of mouth letter, email or other terms of contact, the client enters into a valid and legally binding contract with Forthweb and is liable for any costs or other payments incurred by Forthweb or as stated in the above terms and conditions
33. Non payment or failure to pay for any services provided by Forthweb may result in suspension or removal of domains and content or in extreme cases, legal action.
34. The Client may be issued access to Email Address/s and Password/s to access the Site and use the Services. The client may change their password if desired and are solely responsible for maintaining the security of your email address/s and password/s and for all activity that occurs under those email address/s and password/s. You should not disclose your password to any other person. Forthweb can not be held liable for any damage, disruption or costs associated with the loss of said passwords or other data.
(*) Forthweb will not tolerate any form of harassment against it´s employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees.