By employing Barnaby Design to design or host your web site, you agree that it is in compliance with the general rules and guidelines as follows:
This agreement assumes that all text and images are provided by the client in electronic format. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media and outside facility charges if this is not the case.
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 supplied material. Every contract for page design and placement shall be regarded as a guarantee by the client to Barnaby Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
This agreement includes code elements being custom created for the client and is based on toolboxes of techniques and pre-developed code that is property of Barnaby Design. This software technology is licensed to the client for a one-time fee and is limited to installation and usage by that client only on one "site" of connected documents on one "server." Such code is not owned by that client and may not be distributed, modified or re-licensed without the express written consent of Barnaby Design.
In order to install the design in question, Barnaby Design must be granted read/write access to the client's storage directories. Depending on the project, other resources might have to be configured on the server end.
The client agrees to give Barnaby Design "on demand" access to the installed designs and the client further agrees that Barnaby Design shall have the right to remove that design from public posting for failure to adhere to the terms of this agreement, including violating any licensing agreements or failure to pay fees duly assessed.
50% of cost will be paid in full before design commences. Remaining design / hosting / maintenance fees are / shall be payable 14 days after completion (unless otherwise agreed).
Design and site updating fees are £25 per hour. Hosting and domain registration renewal fees are paid annually.
Barnaby Design cannot accept responsibility for any alterations caused by a third party occurring to the client's pages once placed. Such alterations include, but are not limited to additions, modifications, or deletions.
Cancellation of orders for authoring or placement may be made by telephone, but must be confirmed in writing by e-mail or letter. The client will be invoiced for authoring work completed to the date of first notice of cancellation for payment in full within 14 days. The full invoiced amount of the order must be paid if the cancellation is not received in writing within 10 working days. Cancellations of hosting must be made with 28 days notice, otherwise that month of hosting will be charged to the client.
The client acknowledges and agrees that Barnaby Design cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond its control including, but not limited to, telecommunications problems.
On ordering a website, the client will receive a written invoice confirming the site cost and outline of pages to be constructed (this document will also confirm details of the annual hosting and domain registration fees payable). Barnaby Design will specify a date for the completion and set up of the initial site. This will normally be between 2-6 weeks from the date of ordering. This is also dependant the client providing the relevant information with regards to site details. If other information and ideas are requested, Barnaby design will gladly add these for an hourly charge of £25. Barnaby Design cannot accept a lack of relevant information as a reason for non payment of due fees.
The client is expected to test fully any application or programming relating to a site developed by Barnaby Design before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Barnaby Design will endeavour (but is not obliged) to correct these issues to meet the standards of function specified at the outset.
If Barnaby Design sets up a domain name, it will be registered to the client. Fees for the domain name will be charged yearly and these will be confirmed on the invoice document.
Barnaby Design does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Barnaby Design be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Barnaby Design has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.
Due to the nature of electronic transmission of data over the internet, any liability Barnaby Design may have for any losses or claims arising from an inability to access this website, or from any use of this website or reliance on the data transmitted using this website, is excluded to the fullest extent permissible by law. In no event shall Barnaby Design be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of this website, save where such liability cannot be excluded by law.
Barnaby Design does not give any warranty that this website is free from viruses or anything else which may have a harmful effect on any technology.
You shall indemnify Barnaby Design and keep said organisation indemnified and hold it harmless from and against any breach by you of these terms and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this agreement.
From time to time governments enact laws and levy taxes and tariffs affecting internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Barnaby Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
Barnaby Design cannot guarantee 1st page search rankings but will make every effort to optimise keyword search terms. Search engine organisations change ranking algorithms periodically, and as such, search ranking positions will fluctuate and cannot be guaranteed by Barnaby Design. Any other changes to search engine sites that cause unfavourable ranking results are out of Barnaby Design's control and as such they cannot be held responsible for such actions or occurrences.