“Client”

Any individual, company, or organisation who makes a payment towards a web design service to the contractor upon receiving an invoice.

“Contractor”

“CONCEPTCUBES LIMITED”; trading as “PRO WEB DESIGNS”; of UNIT 132 OMEGA WORKS, 4 ROACH ROAD, E3 2GY, LONDON.

 

  1. Authorisation & assignment

The above-named “Client” (hereinafter referred to as “Client”) is engaging “Contractor” for the specific purpose of designing a World Wide Web site, hereinafter referred to as “Web Design Project. As applicable, the “Client” hereby authorises “Contractor “with “full access” to the “Client’s” domain registrar’s account for the purpose of configuring domain propagation to “contractor’s allocated server, and any other programs needed for this Web Design Project that are included as part of the “Client’s service agreement/level. The “Client” also authorises the “Contractor “to submit the completed website sitemap to major Web Search Engines. “Contractor “reserves the right to assign subcontractors to this Web Design Project.

This Web Design Project will be developed as a brochure-type website under GPU license and would include the following as part of the deliverables.

 

  1. Deliverables

Quotes or Estimates are usually attached and this is based on the Quote application available on the website.

 

  1. Copyrights and Trademarks.

The “Client” unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to “Contractor “for inclusion in the Web Design Project are owned by the “Client”, or that the “Client” has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend “CLIENT” and “Contractor “and its subcontractors from any liability (including solicitor’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the “Client”.

 

  1. Web Site Hosting

A standard Yearly Cloud hosting with managed server updates costs at the rate of £360 per year (paid in advance). This includes additional security, configuration, additional cache configuration, testing, server maintenance etc. Please save, for e-commerce and other non-brochure websites, this starts at £450/year. SSL certificate renewals including reconfiguration on server costs are £150/year  for standard SSL.  Please save a reconnection fee of £125 would apply if services are not renewed. If services are not renewed within 30 days from expiry client may lose the website and its content on delegation of the server account permanently. The same applies to any other services such as domain name, email etc.

 

 

 

  1. Completion Date.

It is anticipated that the “Website Project” would be completed within (subject to receiving all contents from the client) the expected delivery date as noted on the email with the project invoice and subject to the website contents received by the “Contractor” as per the brief supplied from “Client”. It is assumed in situations beyond the control of the “Contractor” such as delays from the “Client”, natural disasters, internet service failure, government or political failure, satellite failure, etc., the “contractor” cannot be held responsible for any delays.

 

  1. Project Delivery.

The “Client” agrees to provide “Contractor “full access to the “Client’s account for the domain registrar account. Including details of log-in in order to perform the work. “Client” also acknowledges that during handover or migration from their existing website including the testing and migration process, the website can be temporarily inaccessible.

 

  1. Electronic Commerce Laws.

The “Client” agrees that the “Client” is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold “Contractor” harmless, protect, and defend “Contractor” and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the “Client’s exercise of Internet electronic commerce and any failure to comply with any such laws, taxes, and tariffs.

 

  1. Web Design Project Copyright.

The “Client” will be assigned rights to use the Web Design Project as a website, once final payment under this agreement and any additional charges incurred have been paid. “Contractor “and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement linked to the contractor’s Design Services Website.

 

  1. Payment Schedule.

As outlined on the invoice. Completion means completion of the website design, prior to propagating to the main domain.

 

  1. Maintenance.

1) Server Maintenance:

The “Contractor” will carry out general server maintenance updates including stable version updates released by the provider, essential security updates, and essential plugin updates without affecting the general usability of the website. A periodic database and server backup would be configured and carried out by the contractor. In case of any website security breach such as a “website hack,” the “Contractor” would aim to restore the website using the latest backup and would further investigate any security issues.

2) Website Maintenance:

The client can subscribe to website maintenance at an hourly rate as advised.

 

  1. Legal Notice.

Notwithstanding anything to the contrary contained in this contract, neither “Contractor” nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free since the backbone of the application relies on third-party plugins and scripts. In no event “Contractor” will be liable to the “Client” or any third party for any damages, including, but not limited to, service interruptions caused by the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software. The website or any part of its contents are non-transferable, or no such option of migration is being provisioned as per this agreement. No such access to the backend, FTP, or other control system related or unrelated to the page, website, blog, or SEO platform is available to the client at any time unless otherwise stated.

 

  1. This Agreement.

This agreement constitutes the agreement between the “Contractor” and the “Client” regarding this Web Design Project. Any additional work not specified in written communication exchanged with both parties prior to the assignment must be paid for. This agreement is governed under the laws of England & Wales. The client automatically agrees to the terms and conditions upon making their first payment on receiving the invoice, and stipulations of this agreement on behalf of his or her organisation or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.