Terms / Legal Disclaimer
Please read the Terms of Service provided by AJK-Webdesign as specified below. AJK-Webdesign reserves the right to amend these terms at any time and without prior notice. By acquiring service from AJK-Webdesign, you signify your agreement to these Terms of Service.
Terms of Service
1. Authorization:
- The client engages AJK-Webdesign, a sole proprietor, as an independent contractor for the specific project of designing, developing and/or improving an internet website to be installed on the client's web space on a web hosting service's computer.
- The client hereby authorises AJK-Webdesign to access this account, and authorises the web hosting service to provide AJK-Webdesign with "write permission" for the client's webpage directory, CGI-bin directory, and any other directories or programs which need to be accessed for this project.
- The client also authorises AJK-Webdesign to publicise their completed website to web search engines, as well as other web directories and indexes.
- The client may not use the service, and finished website, provided by AJK-Webdesign for any unlawful or illegal purposes.
- Any additional work not specified in the original contract must be requested in writing. All prices specified in the original contract will be honoured for 3 months from the begining of the project. Continued services after that time will require a new agreement.
2. Maintenance and Hourly Rate:
- This agreement includes minor webpage maintenance to webpages over a 3 month period, including updating links and making minor changes to completed webpages.
- Please send your final text as you would like it to appear on the webpage. Time required to make substantive changes to client-submitted text after the webpages have been constructed will be additionally billed at the hourly rate of £30.
- If the client or an agent other than AJK-Webdesign attempts updating the client's webpages, time to repair any damages to the website will be charged at the hourly rate of £30.
3. Web Hosting:
- The client understands that any web hosting services require a separate contract with a web hosting service.
- The client agrees to select a web hosting service which allows AJK-Webdesign full access to the website and a CGI-bin (or similar) directory via FTP or Telnet.
- The client further understands that if the web hosting service's operating system is not a Unix system, standard CGI software may not work, and providing a substitute may incur additional charges.
4. Completion Date: AJK-Webdesign and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website at a date mutually agreed upon.
5. Payment of Fees: Fees to AJK-Webdesign are due and payable on the following schedule:
- 50% upon agreement and signing of the contract.
- 50% upon completion of the website, to the client's original written specifications.
6. Legal advice:
- In no event will AJK-Webdesign 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 webpages or website, even if AJK Webdesign 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.
- AJK Webdesign is not responsible for any damages caused by hacking, hackers or any illegal activity done to the client's web site.
- In no way is AJK-Webdesign responsible for any problems resulting from the client's Service Provider, due to server down time, hosting issues or any unforeseen issues which may arise beyond our control.
- AJK-Webdesign is not responsible for any grammatical errors found in the material submitted by the client.
- AJK-Webdesign does not guarantee that any email sent to it will be received or that the contents of any email sent to it will remain confidential during internet transmission.
7. Copyrights and Trademarks: The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to AJK-Webdesign for inclusion in webpages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will protect and defend AJK-Webdesign from any claim or suit arising from the use of such elements provided by the client.
8. Copyright to Webpages:
- Copyright to the finished assembled work of webpages produced by AJK-Webdesign is owned by AJK-Webdesign.
- Upon final payment for the website, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website.
- Rights to photos, graphics, source code and computer programs are specifically not transferred to the client, and remain the property of their respective owners.
- AJK-Webdesign retain the right to display graphics and other Web design elements as examples of it's work in it's respective portfolios.
9. Non-Payment of fees:
- Delinquent bills will be assessed a 5% charge if payment is not received within 10 days of the due date.
- If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency.
- AJK-Webdesign reserves the right to remove webpages from viewing on the internet until final payment is made.
- In case collection proves necessary, the client agrees to pay all fees incurred by that process.
10. Cancellation and Refund Policy:
- If the client halts the project, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client.
- If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate of £30.
- No portion of this initial payment will be refunded unless written application is made within 30 days of the initial payment.
- AJK-Webdesign reserves the right to stop any project development for any reason without liability. The client will be notified immediately and refunded the deposit minus any billable hours.
The client agrees to the terms of this agreement on behalf of his or her organisation or business.