Terms and Conditions

These terms and conditions contain the entire agreement between us relating to the subject matter covered, and supersede any previous agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.

Definitions

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

General

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

Website Design

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

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

Any additions to the brief will be carried out at the discretion of 121webconsultancy and where no charge is made by 121webconsultancy for such additions, 121webconsultancy accepts no responsibility to ensure such additions are error free and reserves 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 121webconsultancy all materials required to complete the site to the agreed standard and within the set deadline.

121webconsultancy will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

121webconsultancy will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrong doing on the part of a site owner.

121webconsultancy 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.

121webconsultancy cannot take responsibility for any delays, loss or damage of website materials provided by the client or any of the clients appointed agents.

121webconsultancy 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.

121webconsultancy cannot take responsibility for any copyright infringements caused by materials submitted by the client, and reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

121webconsultancy reserves the right to refuse to handle in any way:

(a) any material which is inappropriate or unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;

(b) any material containing a virus or other hostile computer program;

(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction;

Once a website has been designed and completed the final balance of payment is then due in accordance with the payment terms (see below). There are no exceptions to this. i.e: If the client decides they no longer require the website, but have commissioned the work, they are still obliged to pay for the work that has been carried out. Non payment will result in legal action being taken if necessary.

Design Credit

An industry standard design credit/link to 121webconsultancy will appear in small type or graphical format at the bottom of the client's website. The link will not cause users to leave the client website, rather, it will open a new browser window to the 121webconsultancy website. The link will typically state, "Design: 121webconsultancy." This link may not be modified at any time without express consent of 121webconsultancy during the existence of the website for public viewing. Should a client have any specific reason not to include a design credit/link then discussion of the issue is welcomed with the understanding that a minimal charge of £350.00 will be payable.

Web Applications / Databases / E-Commerce Development

121webconsultancy 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 121webconsultancy, 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 121webconsultancy before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, 121webconsultancy will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

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 121webconsultancy 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 121webconsultancy quantify the level of increased traffic or sales, as a result of any SEO campaign.

Compatibility

121webconsultancy will endeavor to ensure that any developed/designed website 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 Version 7 and to an acceptable level with Mozilla browsers. 121webconsultancy can offer no guarantees of correct function with all browser software.

Website Hosting Provider

Whilst 121webconsultancy provides hosting accounts, no guarantees can be made as to the availability or interruption of this service. 121webconsultancy 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

121webconsultancy 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 121webconsultancy can commence work. Typically, this is half 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-domain specifically created for this purpose.

Once work is completed you are obliged to pay the balance of payment in full. 121webconsultancy will contact clients via email and telephone to remind them of such payments if they are not received when due.

It is the policy of 121webconsultancy that any outstanding accounts for work carried out by 121webconsultancy 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 or 121webconsultancy has not been contacted regarding the delay, access to the related website may be denied and web pages removed. 121webconsultancy 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.

Complaints Procedure

In the unlikely event that a client experiences a problem with the services provided by 121webconsultancy, the client should raise the matter directly with 121webconsultancy, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint. 121webconsultancy will then endeavour to resolve the matter to the satisfaction of the complainant.