Terms and Conditions
1) This Agreement
a) This document constitutes the whole Agreement between Webtise Ltd (‘us’/’we’) and the customer (‘you’). No Change to it can apply unless it is in writing and signed by one of our Partners and someone authorised by you.
b) From the date of the acceptance of this Agreement by us, we agree to commence development on the products and services set out in “solution Details” described overleaf (which are described in these terms as ‘Service’) and you agree to make payments according to the terms of this agreement.
c) If we do not, at any time, enforce any of our rights under this Agreement, we do not give up any of those rights.
d) The minimum term in respect of our web development Services is 24 months.
2) Payments
a) Payment to be made quarterly in advance
b) Minimum contracted period 24 months
c) Unless 60 days written notice shall have been given by you to us prior to the expiry of the initial 24 month minimum contract period then the Agreement shall continue for a further period of 12 months upon the same terms and conditions.
d) Payment to be made on the 1st of the month
e) First payment to commence on the 1st of the month after signed Agreement has been received from us.
f) You must provide us with the necessary information to complete the web solution. If you fail to provide such information you must still make the payments due under the Agreement.
g) Every payment must be made in full and on time. You must continue to make payments even if there is any interruption or any difficulty with the Service.
h) If payments are not made on time, we have the right to suspend the Service.
3) Web Solution
a) If we have developed the web solution for you, you must check that it meets your needs and inform us of any changes you require within 7 days of completion. If you do not bring alterations to our attention, then we will assume you are fully satisfied with your web solution.
b) Any amendment to a web solution (other than updatable pages or databases) developed by us may only be made by us.
c) All intellectual property rights in the web solution, (whether registered or not), will remain our sole property.
d) Registration with search engines does not guarantee position.
e) Requested Changes during implementation
Once the work for the site is agreed upon, if further amendments are required before the new work is live the quote may need to be re-negotiated, depending on the time required to complete the changes requested.
f) Site Maintenance
We can charge either an hourly fee or agree on a monthly or quarterly support fee for the work we have completed. If a monthly or quarterly support fee is agreed on it can be reviewed at any time. The support fee will only cover telephone support or minor updates to the work. Major changes will require a new quotation.
If you decide to maintain the site yourself or hire a third party to maintain the site, we will not be held responsible for mistakes or problems caused by this decision. We will also charge where necessary to rectify problems caused by third parties or client maintenance.
g) Surrender of Web Site Files and Information
On request we will provide all site files and databases on CD providing that there are no outstanding payments to be made.
h) Website Copyright
All work produced is licensed for use by you on the agreed number of websites (usually one). The code in use will still be considered either copyrighted to Webtise or will carry a GPL License where appropriate.
i) Site Delays
Delays may occur as a result of you not being able to provide information or access required for us to complete our work within the agreed time frame. During this time we may commence further work and complete that first before completing the work quoted for here. If an excessive number of delays occur due to you we will charge for all work completed and re-quote for the remaining work and agree a new time frame.
j) Final Payment
Once the website or work is completed to the best of our ability we will invoice for final payment, which must be paid within the specified time on the invoice. If there is a major delay by your for information or modifications to the work, we will invoice for payment with the understanding that we will still complete the work once all final changes and information have been provided.
Acceptance of Terms
Your access to and use of Webtise Ltd ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
Advice
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Changes to Website
Webtise Ltd reserves the right to:
change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Webtise Ltd shall not be liable to you for any such change or removal; and
change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
Copyright
All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Webtise Ltd or otherwise used by Webtise Ltd as permitted by law.
In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
Discalimers & Limitation of Liability
The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Webtise Ltd will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
Webtise Ltd makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Webtise Ltd for death or personal injury as a result of the negligence of Webtise Ltd that of its employees or agents.
Indemnity
You agree to indemnify and hold Webtise Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Webtise Ltd arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
Serverance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
