By accessing or using the Service you agree to be bound by these Terms.
In your quote, It is estimated that this project will take an amount of hours to complete the project depending on the options. In the unlikely event the time goes outside these parameters there may be extra costs incurred.
Payment terms: 50% in advance, 30% Stage Payment and 20% on completion unless otherwise agreed.
Completion in our terms is when the website is going live on a public server.
This quotation is valid for 14 days
Initial Payment confirms go ahead and start date
Photography and Stock Images need to be purchased by client (if required)
Content writing quotes on request
Cancelled/Abandoned projects incur 80% of project total value
Online Marketing is not included in web design or revamp projects
Final payment can be sought before go live if delay is at the client side for projects that go outside estimated timelines.
If the website is not live within a year we will request full payment if the delay is at client side.
Our estimation of timeline is only an example reference point that similar projects of similar nature have been completed. If this goes outside this timeline, it’s not the responsibility of HowToBeTheBusiness.
Changes to signed off design pages after programming will incur additional costs.
HowToBeTheBusiness will test the website fully but it still needs to be fully done by client to ensure there are no errors on go live.
Normal Terms and Conditions for Web Development Work
The following terms and conditions apply to all web development / services offered by HowToBeTheBusiness. By ordering services from HowToBeTheBusiness. you are agreeing to the following terms and conditions.
The Client: The company or individual requesting the services of HowToBeTheBusiness.
HowToBeTheBusiness. Primary designer/site owner & employees or affiliates.
HowToBeTheBusiness will carry out work only where an agreement is provided either by email, telephone or mail. HowToBeTheBusiness will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between HowToBeTheBusiness and the client, this includes telephone, text and email agreements.
WEBSITE DESIGN, DEVELOPMENT AND HOSTING
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, HowToBeTheBusiness cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. Any scripts, cgi applications, php scripts, or software used by HowToBeTheBusiness are externally sourced and thus responsibility for changes, alterations or issues resulting from same cannot be attributed or held against HowToBeTheBusiness.
HowToBeTheBusiness 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.
Any additions to the brief will be carried out at the discretion of HowToBeTheBusiness and where no charge is made by HowToBeTheBusiness for such additions, HowToBeTheBusiness accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to HowToBeTheBusiness all materials required for completing the site to the agreed standard and within the set deadline.
HowToBeTheBusiness will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
HowToBeTheBusiness will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
HowToBeTheBusiness will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
HowToBeTheBusiness will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A part payment of 50% is required with any project before any design work will be carried out unless otherwise agreed. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms outlined above unless otherwise agreed. If the client decides they no longer requires the site, as they have commissioned the work and paid a part payment they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
HowToBeTheBusiness’s name must be included in the footer at all times weather it’s hosted on our server or the client’s server.
HOSTING, DATABASE, APPLICATION AND ECOMMERCE DEVELOPMENT
HowToBeTheBusiness cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
The client is expected to test fully any application or programming relating to a site developed by HowToBeTheBusiness before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, HowToBeTheBusiness will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
HowToBeTheBusiness will endeavour to ensure that any developed/designed site or application chosen by us will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software. HowToBeTheBusiness can offer no guarantees of correct function with all browser software nor with plugins that have been added by external sources. The addition of plugins by an external source removes all obligation by HowToBeTheBusiness.com to keep the site secure or functioning properly.
Whilst HowToBeTheBusiness can recommend hosting companies to host websites, no guarantees can be made as to the availability or interruption of those services by HowToBeTheBusiness. HowToBeTheBusiness cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Renewal of Maintenance is given notice of 28 days before renewal. At a time where there is no maintenance contract in place your website may become vulnerable and may not be compliant with latest updates, it’s very important to have a maintenance contract in place to avoid this. If there is a break in maintenance HowToBeTheBusiness is not responsible for broken plugins, code or security breaches in this time there is no maintenance contract in place.
PAYMENT OF ACCOUNTS
A part payment is required from any new client before any work is carried out. It is HowToBeTheBusiness policy that any outstanding accounts for work carried out by HowToBeTheBusiness or its affiliates are required to be paid in full when the website is completed and launched.
If payment is not received by go live date all work will cease and files will no longer be maintained or stored by HowToBeTheBusiness.
Once a part payment is paid and work completed you are obliged to pay the balance of payment in above notes. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or HowToBeTheBusiness have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question with a view to taking the matter further and, if need be, to seek payment through legal procedures including, if necessary, court summons.
Client agrees to use all HowToBeTheBusiness services and facilities at their own risk and agree to defend, indemnify, save and hold HowToBeTheBusiness harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against HowToBeTheBusiness or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.
Client also agrees to defend, indemnify and hold harmless HowToBeTheBusiness against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.
HowToBeTheBusiness cannot be liable for any changes or consequences of broken software when externally sourced eg purchased plugins or themes or whilst any third-party website developer or programmer is given access given to at any time to the server or software. HowToBeTheBusiness will not fix any third-party code part of maintenance. This work will be assessed and quoted for separately.
LIMITATION OF LIABILITY
1.1 Nothing in this Agreement:
1.1.1 shall limit or exclude the Client or HowToBeTheBusiness liability for:
(a) death or personal injury caused by its negligence, or the negligence of its personnel, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) any other liability which cannot be limited or excluded by applicable law;
1.2 Subject to clause 1.1:
1.2.1 neither party to this Agreement shall have any liability to the other party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with this Agreement;
1.2.2 HowToBeTheBusiness total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to 50% of the total Charges paid by Client under this Agreement;
1.2.3 the Customer’s total liability to the Supplier, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement shall be limited to 80% of the total Charges paid by the client under this Agreement.
1.2.4 Additional costs for client internal or external resources to complete the project cannot be recovered other than the monies paid for the project. All web development projects require effort internally to complete the project, this time not recoverable under this contract and is limited to cost of the project quoted.
HowToBeTheBusiness and any third party associates agrees that, except if directed by the Client, 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 HowToBeTheBusiness to another party.