Terms and Conditions
The following terms and conditions apply to all website development / design services provided by Cobweb Digital to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Cobweb Digital are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Cobweb Digital reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. This quotation will include the creation of a website for the Client and the first three months of hosting, maintenance and support. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server.
Payment for services is due by PayPal or bank transfer. Bank details will be made available on invoices and PayPal details will be provided upon request.
3. Client Review
Cobweb Digital will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Cobweb Digital otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Cobweb Digital will install and commence work on the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Cobweb Digital receiving initial payment, unless a delay is specifically requested by the Client and agreed by Cobweb Digital.
In return, the Client agrees to delegate a single individual as a primary contact to aid Cobweb Digital with progressing the commission in a satisfactory and expedient manner.
During the project, Cobweb Digital will require the Client to provide website content; text, images, movies and sound files. The client will also provide details of any branding requirements, such as colour schemes to be used.
5. Failure to provide required website content
Cobweb Digital is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Images need to be provided in as high a resolution as you have available. We can reduce the size of higher resolution images so that they still look great on your website, but unfortunately increasing the size of low resolution images results in them becoming blurred so we will generally reject these.
Once your project has been completed, and your package includes the functionality, you are able to keep your content up to date your self on the understanding that Cobweb Digital is under no obligation to correct any errors introduced by yourselves. If you have requested a blog capability then the creation and maintenance of blog posts is the responsibility of the Client and there are many resources on the internet that can assist with their creativity. We will of course support you with the publishing of any blogs that you have written.
Invoices will be provided by Cobweb Digital at the start of the project and again upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed and a service charge applied to the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
7. Additional Expenses
Client agrees to reimburse Cobweb Digital for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, paid for themes and plug-ins that provide non-standard functionality etc.
8. Web Browsers
Cobweb Digital makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, Safari etc.). The Client agrees that Cobweb Digital cannot guarantee correct functionality with all browser software across different operating systems.
Cobweb Digital cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Cobweb Digital reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
If the on-going hosting and support charges are overdue, then Cobweb Digital will advise the Client within five (5) working days that payment has not been received. If after this notification the payment is still not made, then seven (7) working days have elapsed after the due date the website will be replaced with a generic Maintenance page and any email services suspended. After ninety (90) days all managed email addresses will be deleted and the website removed. Cobweb Digital is not responsible for any loss of data incurred due to the removal of the service as the result of default. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Cobweb Digital reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Cobweb Digital in enforcing these Terms and Conditions.
10. Administrator Rights
In order to protect Cobweb Digital and Clients rights as described in section 17, should the Client request in writing (email is acceptable) that they wish to have Administrator access to the website then Cobweb Digital will provide this within seventy two (72) hours. Cobweb Digital will also take a full off-site backup that reflects the status of the website at that time. It should be noted that from the date that confirmation of the change is sent to the Client then responsibility for maintaining and supporting the website will fall solely to the Client and Cobweb Digital will revert to providing a hosting only service. Cobweb Digital will be released from any obligations to provide support for the website layout, content or functions.
If the Client has been using the Cobweb Digital hosting service for a minimum of twelve (12) months then at the start of the next months’ billing, the Client’s has the right to request that their monthly service charge is reduced by 20% to recognise the reduced level of service being provided. If this occurs then the Client will become responsible for the payment of any licenses that are running on their sites from thirty (30) days after obtaining administrator access, after which time Cobweb Digital will terminate their licence with the provider. For the avoidance of doubt, if the Client continues with the existing monthly service charge beyond the twelve (12) month period this includes all licenses regardless of whether they wish to manage the site themselves or not.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing (a signed pdf on headed paper is acceptable). The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days. Hosting will end at the completion of the billing month that notice is received and any advance payment covering subsequently unused months will be refunded without obligation.
In the event of the Client no longer wishing to use Cobweb Digital hosting services and they have been using the service for a minimum of twelve (12) months then, upon request, a backup of the website will be provided free of charge in a form that can be restored and hosted elsewhere. If the Client is still within the initial twelve (12) month period then the backup will be provided only if the twelve (12) month charges have been paid in full.
Cobweb Digital may terminate the provision of services by providing a minimum of thirty (30) days written notice to the Client (a signed pdf on headed paper is acceptable). Cobweb Digital will continue to fulfil its service obligations whilst the monthly charge covers the service but will have no obligation beyond this. For the avoidance of doubt Cobweb Digital will continue to provide hosting for the website until the end of the termination period. Where Cobweb Digital are the party serving notice a backup of the website will be provided to the Client, at no cost, in a form that can be restored and hosted elsewhere. This will be provided within fourteen (14) days of the termination notice being sent to the client.
All Cobweb Digital services may be used for lawful purposes only. You agree to indemnify and hold Cobweb Digital harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Cobweb Digital the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Cobweb Digital permission and rights for use of the same and agrees to indemnify and hold harmless Cobweb Digital from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Cobweb Digital that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
14. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (via e-mail) and that all photographs and other graphics will be provided in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Cobweb Digital to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
15. Design Credit
A link to Cobweb Digital will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall website design. If a client requests that the design credit be removed, a nominal fee of £50 will be applied. The Client also agrees that the website developed for the Client may be presented in Cobweb Digital portfolio.
16. Access Requirements
If the client has an existing website that is hosted elsewhere then Cobweb Digital will develop the new website on a temporary domain or a subdomain. It will be the Client’s responsibility to switch the DNS records to point to the Cobweb Digital website on the understanding that the change can take upto 48 hours to propagate across the internet and that in the intervening period access to the website may be intermittent.
In order to improve the coordination of the switchover it would be helpful if Cobweb Digital had temporary access to the Client’s domain account in order to change the Cobweb Digital records at a suitable time.
17. Post-Placement Alterations
Cobweb Digital cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
18. Domain Names
Cobweb Digital may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Cobweb Digital. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
20. Governing Law
This Agreement shall be governed by English Law.
Cobweb Digital hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
- Loss or damage to clients’ artwork/photos, supplied for the website. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Cobweb Digital to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.
Last updated: 1st Septamber 2020