Terms of Service

Terms that shall apply to the agreement for the provision of website design and development services.

Definitions

"The Client" : The company or individual requesting the services of 121 Web Consultancy.
"121 Web Consultancy " : Steven L Johnston, trading as 121 Web Consultancy.

Website Design & Development

121 Web Consultancy will carry out work only where an agreement is provided either by email, telephone or mail. 121 Web Consultancy 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 121 Web Consultancy and the client, this includes telephone and email agreements

Further to initial consultations a project scope and costing will be supplied and agreed. At this time 121 Web Consultancy may also request a deposit payment equalling 25% of the total cost. The client will provide all relevant content for the website before any work is undertaken. Content should be provided in electronic format where possible.

Design concepts will be available to review and sign-off before the site is fully constructed. Full input will be encouraged throughout the design process when the client may track the development, supply feedback and request alterations.

Any additions to the agreed project scope will be carried out at the discretion of 121 Web Consultancy and where no additional charge is made 121 Web Consultancy accepts no responsibility to ensure such additions are error free. 121 Web Consultancy reserves the right to charge an appropriate additional amount for any correction to these or further additions.

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, 121 Web Consultancy cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.

The website, graphics and any programming code remain the property of 121 Web Consultancy until all outstanding accounts are paid in full.

121 Web Consultancy will not be liable for:

  • costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
  • any delays, loss or damage of website materials provided by the client or any of the clients appointed agents.
  • any disputes between the site owner and their clients and cannot be held responsible for any wrong doing on the part of the client.
  • 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.
  • 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.

121 Web Consultancy reserves the right to refuse to handle:

  • Material which is inappropriate or unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous or profane
  • Material containing a virus or other hostile computer program
  • Material which constitutes, or encourages the commission of a criminal offence
  • Material which infringes any patent, trade mark, design right, copyright or any other intellectual property right

Databases / eCommerce Development

121 Web Consultancy cannot take responsibility for any losses incurred by the use of any software created or customised for the client. Whilst every care is 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.

Where applications or sites are developed on servers not provided by 121 Web Consultancy, 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 clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by 121 Web Consultancy before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, 121 Web Consultancy will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the project scope.

Search Engine Optimisation

No guarantees will be given as to a client's website position in the search engines as the search engines change their ranking algorithms on a regular basis. Additionally, both new sites and competitor sites may be being optimised and submitted every day.

SEO work carried out by 121 Web Consultancy aims to increase visibility and ranking, but It is not possible to give a 100% guarantee for any specific result on any search engine, nor can 121 Web Consultancy quantify the level of increased traffic or sales, as a result of any SEO campaign.

Compatibility

121 Web Consultancy develops websites to follow current web standards and for desktop tests on the latest versions of IE, Opera, Mozilla Firefox, Safari and Google Chrome. For mobile device compatibility websites are tested on Android smartphone, tablet, and Apple iOS devices. 121 Web Consultancy can offer no guarantees of correct function with all browser software. Any specific compatibility requirements should be stated at the outset of a project.

Website Hosting Accounts

121 Web Consultancy provides hosting accounts via a third-party shared hosting environment and as such no guarantees can be made as to the availability or interruption of this service. 121 Web Consultancy 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.

Payment of Accounts

121 Web Consultancy is prepared to undertake and complete small to medium sized projects to the clients satisfaction before any payment is requested. Larger projects require an initial deposit before 121 Web Consultancy can commence work. Typically, this is 25% of the total project cost. Balance is due before the completed project is uploaded live to the internet. The client will be able to view and test the site prior to balance payment on a sub-directory specifically created for this purpose.Once work is completed you are obliged to pay the balance of payment in full.

121 Web Consultancy will contact clients via email and telephone to remind them of payments if they are not received when due. It is the policy of 121 Web Consultancy that any outstanding accounts for work carried out by are required to be paid in full, no later than 28 days from the date of the invoice unless by prior arrangement. If accounts are not settled access to the related website may be denied and web pages removed. 121 Web Consultancy 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.

Website hosting and support accounts are payable annually in advancer. No refunds are given if hosting is cancelled at any time during the year. Accounts will be suspended a week after the renewal invoice is due if payment has not been received.

Complaints

121 Web Consultancy will complete the website, ensuring it fulfills all requirements established in the project scope. However, in the unlikely event that a client experiences a problem with their website or the services provided, they should raise the matter directly with 121 Web Consultancy, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint. 121 Web Consultancy will then endeavour to resolve the matter to the satisfaction of the complainant.


Let's Talk

If you would like to ask any questions or discuss your project in detail, then please do not hesitate to contact Steve at 121 Web Consultancy for a FREE no obligation telephone consultation.