Terms of Agreement

These Terms of Agreements will apply to all dealings between the parties hereto unless specifically varied in writing and signed by a principal of the Developer and a director of the Client respectively

This agreement is made by you ("the client") and Design 4 Web Limited

1. AUTHORIZATION:

The named Client is engaging Design 4 Web , as an independent contractor for the specific Web design project of developing and/or improving a Website, hereinafter referred to as "Web design project" to be installed on the Client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service". The Client hereby authorizes Design 4 Web to access this account, and authorizes the Hosting Service to provide Design 4 Web with "full access" to the Client's account, 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 authorizes Design 4 Web to submit the completed Web design project to major Web Search Engines.

2. DEVELOPMENT:

The following is included in the quoted Web design project rate:

Client Web Design Project Detail
Web Design Package Features
Web Design Additions or Options

Designing a Website to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Design 4 Web guarantees that the Website we design for you will work in:

Microsoft Internet Explorer versions 3 and up
Netscape Navigator/Communicator version 3 and up

If the Client requires the implementation of DHTML then Design 4 Web guarantees that the Website we design for you will work in:

Microsoft Internet Explorer versions 4 and up
Netscape Navigator/Communicator version 4 and up

While Design 4 Web will make every effort, always, to design a fully functional Website, our guarantee does not cover AOL, text-based browsers, or any requested special effect that we have advised you against.

Accessibility for People with Disabilities

Design 4 Web standard is to meet as many as possible of the currently recommended guidelines for Website development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our Websites are available to all visitors.

3. PAYMENTS:

The Price for the Website development will be payable as follows:

Clients will pay 25% of the total value for design fees before work commences. After a proto-type, Beta or mock-up design is designed by our developers and accepted by you the Client, another 25% is then required. The remaining 50% will be due upon satisfactory completion of the project.

Make all cheques payable to Design 4 Web Online Limited

Total due is to be paid in within 15 days of the invoice been received. Overdue accounts are subject to a reconnection fee of £45.00.

3a) SCHEDULE PAYMENTS:

b) 25% deposit on acceptance of quote.
c) 25% on acceptance of proto-type, Beta or mock-up design.
d) 50% will be due upon satisfactory completion of the project.

If Client's decide not to continue with our design service after the initial 25% of the total value is paid but before design work has begun, a refund will be issued. If a Client decides not to continue with our design service after the initial design work has begun, no refund will be issued. Design 4 Web reserves the right to remove any Web design project from viewing on the Internet until final payment is made.

This agreement shall be governed by the laws of England.

Adding of Meta Tags (Description and Keywords) and the submission of the Web design project to Web Search engines and updating only occur after the full final payment is made. All payments will be made in Pounds Sterling.

4. PROJECT DELIVERY:

The Website design project will be published to the Client's hosting service and delivered via cd-rom ("if required") once tested and accepted. If hosting services require a separate contract, Design 4 Web will not provide any hosting services in connection with this. The Client agrees to select a hosting service, which allows Design 4 Web full access to the Client's account via FTP. The Client will be solely responsible for all hosting service charges.

5. MULTIMEDIA:

Design 4 Web guarantees you a 90 day warranty on all multimedia products provided via our design team.

6. COPYRIGHT AND TRADEMARKS:

The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Design 4 Web 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 and defend Design 4 Web from any claim or suit arising from the use of such elements furnished by the Client.

7. Web DESIGN PROJECT COPYRIGHT:

The domain name, whether registered by the Client or, Design 4 Web will belong solely and exclusively to the Client. Design 4 Web use of the domain name is limited solely to development/hosting (if applicable) of the Client's Website. Design 4 Web undertakes that all administration and invoicing of the domain name/hosting will be sent direct to the Client's address once the renewal dates become due. Design 4 Web also warrants that the Clients trade marks, logos and corporate identifiers appear consistently throughout the Website and on all platforms and "browsers".

Design 4 Web acknowledges that any and all of the copyright, trade marks and other intellectual property rights are the Clients corporate make-up.

In the event that any part of the Website design, creation or operation is or becomes infringing, Design 4 Web will immediately replace the infringing material or programming at its own expense with non-infringing material, once written notification has been received from the Client.

Design 4 Web waives all and any moral rights it may have now or in the future in the Website design and/or development, its operation and any other uses it may have.

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 to Design 4 Web. Rights to photos, multimedia cd-rom, graphics, source code, work-up files, computer programs or any electronic formats remain the property of the Client. Design 4 Web retains 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 link to the Design 4 Web Website.

8. WARRANTY:

Design 4 Web has been advised and acknowledges that the Website and Server(s) will be critical to the Client's business and warrants to the Client that the Website supplied to and accepted by the Client will be free from defects and entirely suitable for the Clients business requirements.

Design 4 Web warrants to the Client that the Website, the Website Server will conform to the specification agreed at the time of the Website being published onto the Clients Server space. Design 4 Web agrees to fix or patch, rectify or remedy (as the case may be) any material defects or deficiencies at the time of publishing the Website to the Clients server space.
Design 4 Web undertakes to perform such Warranty Service for the Website, Server and for a period of 90 days from the date of Final Acceptance. ("Warranty Period")

9. CONFIDENTIAL INFORMATION AND SECURITY:

All information, drawings, specifications, documents, contracts, design material and all other data which the Client may have imparted and may from time to time impart to Design 4 Web relating to its business, Clients, prices, services, requirements, software, Bespoke Software, the Website, contracts (including this contract), Website content, including any technical specifications, is proprietary and confidential.

Design 4 Web hereby agrees that it will use such confidential information and all other data solely for the purposes of this Agreement and that it will not, at any time after the completion, expiry or termination of this Agreement use or disclose the same whether directly or indirectly, to any third party without the Client's prior written consent.

Design 4 Web and each of its employees and sub-developers to whom any confidential information to be disclosed, will if so requested by the Client, sign the Client's separate confidentiality agreement.

Design 4 Web further agrees that it will not itself or through any subsidiary or agent use, sell, license, sub-license, create, develop or otherwise deal in any confidential information supplied to it by the Client or obtained while performing this Agreement. Design 4 Web will ensure that each of its said employees and sub-developers will comply with the provisions contained in this Clause.

10. This Agreement:

This agreement constitutes the sole agreement between Design 4 Web and the Client regarding the Web design project. Any additional work not specified in this contract must be authorized by a written request.

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