APWD are pleased to offer web site development and hosting services under the following terms and conditions:
1.01 All sites must conform to the laws of England and Wales, whether designed for England and Wales usage or not.
1.02 Web sites created by APWD are undertaken at the direction of the client, and are based on information provided by the client. The sole responsibility for the site content resides with the client. APWD cannot and will not be held responsible for any misinformation on any web site which it develops or maintains.
1.03 APWD cannot and will not be held responsible for any copyright infringement whether intentional or not. Any site content hosted by us that breaches this will be removed immediately upon discovery.
1.04 APWD reserves the right to terminate any agreement if it considers that these terms and conditions have been breached.
1.05 APWD reserves the right in its sole discretion to refuse to sell design work, consultancy services or code to a Client who has a site which it deems is, including but not limited to, unlawful or inappropriate, contains a virus or hostile software, constitutes harassment, racism, violence, obscenity, harmful intent of any sort, spamming, adult content, commits or insights a criminal offence, infringes privacy or copyright or any other questionable media / content at APWD’s own discretion.
APWD reserves the right to refuse to sell design work, consultancy or code to those thought or known as competitors of APWD.
Clients may not purchase design work or code for use in developing or selling their own product to directly compete with APWD in this context.
APWD reserves the right to refuse sale for orders from suspect payment or address details or other reasons at the business's own discretion.
APWD may cancel, reject, refuse sale to or work with a Client without reason for such a rejection or refusal.
1.06 APWD cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material
1.07 APWD adheres to the Data Protection Act 1998 and any client information supplied will NOT be divulged to any third party, under any circumstances.
1.08 Technical Support includes site hosting and fault-fixing – ensuring the site is working 100% all the time (where hosted by APWD).
1.09 Content Management updating involves minor / non-structural changes to the content of the site at the request of the client. More significant enhancements can be quoted for separately.
1.10 All quotations will be valid for 30 days from the date of the quotation.
1.11 All digital images created or supplied by APWD remain copyright of APWD at all times unless express written permission has been given by APWD for their usage otherwise.
1.12 APWD will presume that all media and content made available to us for use in projects is either owned by our clients or used with full permission of the original authors. Clients agree to hold harmless, protect and defend APWD from any claim or suit that may arise as a result of using the supplied media and content.
1.13 Where intellectual rights agreements have been signed with clients, ownership only passes to the client on full receipt of fees due.
1.14 APWD cannot guarantee that any Search Engine will index or list any web pages or sites submitted to them by APWD. However, we will do our utmost to ensure that the site is optimised to increase the speed with which it appears on search engine databases.
1.15 If a client opts to take on full administrative back end access to a site, the warranty becomes null and void. Any future fixing or de-bugging is entirely at APWD’s discretion.
1.16 Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, APWD cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
1.17 Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by APWD remain the copyright of APWD and may only be commercially reproduced or resold with the permission of APWD.
1.18 Where applications or sites are developed on servers not recommended by APWD, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
1.19 The client is expected to test fully any application or programming relating to a site developed by APWD before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, APWD may endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
1.20 APWD may use work completed for our clients in a portfolio of our work.
2.21 APWD reserves the right to assign subcontractors in whole or as part of a project if needed.
2.0 Website Optimization
2.01 Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
2.02 In most cases, we aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
3.00 Payment Terms
Web Site Development
3.01 A 50% deposit is payable immediately on acceptance of a task / contract and before any work can commence. The balance along with any ‘on-costs’ is payable immediately prior to the site going live on the Web. All deposits are non refundable once payment has been made.
3.02 Full payment of the balance must be made within 14 days of the invoice date. Failure to do so may ultimately result in any development work being deleted permanently. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done.
3.03 Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.
3.04 We offer free updates for a month after completion to allow for any final amendments or fixes that may be required.
3.05 The website, graphics and any programming code remain the property of APWD until all outstanding accounts are paid in full.
3.06 We hope it never happens, but APWD reserves the right to delete any web site or web based work that has not been paid for in full within its payment terms. Hosting accounts will be turned off when payment has not been received within 14 days of the due date and are queued for deletion 30 days after the due date.
3.07 APWD will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
3.08 We take quality control seriously and test all our work on major browsers. It is standard industry practice for the clients to also test the functionality of the website and to confirm that the functionality is meeting their specified requirements. We cannot accept responsibility for changes that are required outside of the 30 day sign off period.
3.09 APWD will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer and to an acceptable level with Mozilla browsers. APWD can offer no guarantees of correct function with all browser software.
3.10 If for any reason clients have an unforseen problem paying an invoice by it's due date, they should provide a written payment proposal / undertaking. Such arrangements are only considered binding when they have been accepted by APWD. Until such time as an arrangement is accepted, APWD reserves the right to switch off hosting and/or reduce support entitlement.
Domain Name Registration
3.10 Domain names must be paid for in full in advance of registration. They are renewable within 30 days notice from APWD.
3.11 Domain names managed by APWD are set to auto renew by default.
3.12 Where a client opts to manage their domain name(s), it is their responsibility to ensure that the domain names are renewed promptly, and that necessary locks are in place.
Computer Hardware Supply
3.13 Any hardware, particularly PCs, must be paid for in advance at the time the order is placed.
Hosting & Email
3.14 Hosting and email charges are payable in advance by cheque or online payment direct to our bank account.
3.15 APWD cannot accept liability for losses caused by the unavailability, malfunction or interruption of the hosting and email service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
3.16 Support charges are payable in advance by standing order or cheque.
3.17 Non-payment of technical support invoices 30 days after the due date will result in technical support services being suspended until full payment has been received.
3.18 These terms, conditions and prices may be updated from time to time and any such variation will be published on our web site with immediate effect.
4.00 Complaints Procedure
4.01 Anyone who experiences a problem with their web service provided by APWD should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
4.02 APWD will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
4.03 The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to APWD, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
5.01 APWD and any third party business or trading associates agree that, except if directed by the Client or recognised courts of law, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about APWD to another party.
6.01 APWD reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. APWD shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
6.02 This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
6.03 Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
6.04 Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
6.05 APWD reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at APWD’s web site at http://www.apwd.co.uk with a date of last update.
6.06 By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accepted the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.