Preamble

All work carried out by THE WEB DEVELOPMENT SERVICE is deemed to be carried out under the following terms and conditions.

These apply to the exclusion of all other terms and conditions unless stated otherwise in any covering correspondence.

These terms and conditions do not affect your statutory rights.

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

Definitions:

In these terms “we/us/our” means “The Web Development Service”

“you” means the Client

The “Contract” means the agreement between you and us based on this and supporting documentation.

The “Website” and “Software” means the services to be provided under this Contract.

1. Variation
   1. If you have any uncertainties about these conditions as they might apply to you or your project, it is your responsibility to clarify the situation by contacting us before the project gets under way.
2. Content
   1. It is your responsibility to provide us with the required information about your site. The Web Development Service takes no responsibility for errors in content supplied by you for the website. Any changes thus occasioned may be chargeable.
   2. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the site. No refund will be made in the event that you fail to provide sufficient content to complete the web site.
   3. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif or Photoshop format. Text should be supplied as a Microsoft Word or ASCII text file. Failure to supply material in digital format may result in extra charges being made for processing content for use on your web site. Where the content which is provided is in a form where a sizeable amount of copywriting is required, a further charge may be made.
   4. You grant The Web Development Service permission to utilize logos and any other company identity for the purposes of creating the website.
   5. You agree to indemnify The Web Development Service from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.
   6. In the event that a website is unable to be completed by The Web Development Service because of lack of text and/or pictures, then text will be added using “lorum ispsum” filler text and pictures using appropriate library pictures. At this point the website will be considered completed and invoiced accordingly under our standard payment terms. Final text and pictures will be added when these are produced by the Client at no additional cost.
3. Design and development
   1. All requests for new sites will be submitted to the College Web Development Committee for approval prior to any work commencing or charges being applied.
   2. We will provide you with our estimated timescale for progress and completion of the project and will use reasonable endeavours to meet those timescales (as long as you perform your obligations promptly).
   3. Any quoted dates are our best estimates only and we cannot guarantee 100% that they will be met.
   4. We shall have no liability to you nor be deemed to be in breach of this Contract if we are delayed in performing or unable to perform any of our obligations under it due to circumstances beyond our reasonable control.
   5. All designs will be tested against the following browsers as standard: IE5.5+, Firefox 2+, Safari 3, Opera 9.
   6. Should the client wish further testing to be made against a browser not included in the above, this should be made known to us before work commences.
   7. The Web Development Service will use the most appropriate technology in the development of the site.
4. Acceptance Procedure
   1. A URL will be provided for the Client to examine and test the website and software to make sure it functions as anticipated and in accordance with this Agreement.
   2. The Client is expected to have tested that the website and software is performing to their own satisfaction and checked the source data before authorising the project to go live.
   3. The project will not be made live until the final payment has been received
   4. Any further changes other than of a minor nature are then chargeable.
5. Changes Requested
   1. If the Client requires any changes to be made to the original design and specification they must notify The Web Development Service by email or letter.
   2. The Web Development Service will notify the Client in a formal Change Request if there will be any charge for the additional work
   3. If the Client accepts the terms of the Change Request they should notify The Web Development Service by email or letter.
6. Payment
   1. All fees must be paid before the design and development work is handed over.
   2. If payments are not received by us on the due date we reserve the right to suspend the / our services until such time as payment is received in full (without prejudice to any other remedy available to us) with suitable allowances then being made to any timescales.
7. Ownership and Intellectual Property Issues
   1. You will retain ownership of copyright, trademarks and other intellectual property rights in materials that you provide to us for use in the design of your website.
   2. All copyright, trade marks, patents created, developed, subsisting or used in or in connection with the design or development of your website will be transferred to you on settlement of all outstanding sums due to us.
   3. Ownership of the site design is retained by the Web Development Service and may not be changed or transferred to other sites in whole or part without prior approval from the Web Development Service.
   4. The Web Development Service retains the rights to use any software, object code, digital programming, source code, design and the like developed during the course of the project. However you will be granted a perpetual, irrevocable, worldwide and royalty free transferable license for the use of this facility. This may be subject to the continuing payment of any fees agreed as part of the services to be provided under this agreement
   5. If the Web Development Service is bundling or using any prior intellectual property that it owns and of which it wishes to retain ownership you will be granted a perpetual, irrevocable, worldwide and royalty free transferable license for the use of this facility. This may be subject to the continuing payment any fees agreed as part of the services to be provided under this agreement.
   6. The Web Development Service will not transfer rights in any design or software work owned by a third party.
8. Hosting and Domain names
   1. The Web Development Service will normally arrange hosting for the website on College of Life Sciences managed servers.
   2. The Web Development Service accepts no responsibility for web server downtime or interruptions to service caused by circumstances beyond our control.
   3. The Web Development Service will advise Clients on selecting domain names and register these, or arrange to have them registered, for them as requested at current rates, but cannot guarantee a certain name will be available.
   4. Renewals are made automatically unless we are notified in writing 28 days in advance, but please note we accept no responsibility if a domain fails to be re-registered.
9. Promotion
   1. Where the Web Development Service undertakes promotion of the website through Search Engine placement no guarantee is given that rankings can be achieved on particular Engines. Resubmission will take place as and when we deem appropriate and may vary in frequency depending on the level of maintenance updates undertaken.
10. Warranties
    1. The Web Development Service warrants that commencing from the date of acceptance by the Client and continuing for a period of ninety (90) days that the website and software substantially conforms to the Specification and the Scope of Works and is substantially suitable for the purposes for which it was designed. The terms of the Warranty are that during this period any errors or omissions will be rectified by the Web Development Service at no cost to the Client. The Warranty does not apply if the website and software has not been operated in accordance with the instructions given by the Web Development Service.
    2. The Web Development Service makes no warranty that the website and software is totally error free or that the Client will be able to operate the website and software without any problems or interruptions caused by unforeseen problems or untested scenarios.
    3. The Web Development Service makes no further warranties of any kind, whether express or implied, for the services it provides. The Web Development Service also disclaims any warranty of merchantability or fitness for any particular purpose other than that covered by the 90 day Warranty.
    4. In addition, due to the continual development of new techniques for intruding upon and attacking Internet based systems, The Web Development Service cannot warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.
    5. The Web Development Service will not be responsible for any direct, indirect or consequential damages that may result from the use of its services, including loss of data resulting from delays, non-delivery or interruption in service. You acknowledge and agree that the Web Development Service cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond our control.
11. Support
    1. Unless otherwise stated in the package details, the Web Development Service will provide initial training on how to update the site.
    2. Once the site has been completed, unless otherwise stated, the Web Development Service will provide help with updating and maintaining the site once an additional support charge has been made.
    3. The Web Development Service will monitor and maintain the server the site is hosted on as standard across all packages.
    4. Problems with the operating system and software on your own computer and your Internet connection are specifically excluded from this agreement.
12. Reservations
    1. The Web Development Service reserves the right to feature customer websites and testimonials in future promotions without seeking prior consent.
    2. Covenants
    3. The Web Development Service will not during development or thereafter use the Client’s trademarks, logos or service marks without the Client’s express approval
    4. The Web Development Service will comply with all applicable laws in connection with its activities
13. Indemnity
    1. All services may be used for lawful purposes only. You agree to indemnify and hold the Web Development Service harmless from any claims resulting from your use of our service that damages you or any other party.
14. Liability
    1. Our total liability to you in contract or in tort arising in connection with this Contract shall not exceed the total price paid by you.
    2. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.