By viewing or using Tidy Design or any MJWARD UK LTD related websites, you agree to the terms outlined below:
Payment Terms for a Tidy Design Website Design
A non refundable deposit of 50% of the total fee payable under these terms and conditions is due immediately upon the starting of any project. The remaining 50% shall become due when the work is completed to the satisfaction of the client. Tidy Design reserves the right not to begin the Work until the said deposit has been paid in full. The fee quoted in the contract does not include the cost of domain registration, hosting set up fee or hosting unless otherwise stated in the invoice.
Transferring Domains or Hosting
Please note that before transferring a domain or hosting to/from Tidy Design the hosting fee agreed or transfer fee of £25.00 must be paid (per domain) unless otherwise agreed. Please make all cheques payable to Tidy Design Portsmouth and enclose a cover letter confirming the domain you wish to register, transfer or host. If your site is taken offline due to non-payment of a hosting or domain renewal invoice then a fee of £100 could be included to re-launch the website(s). If you are transferring a website away from Tidy Design and have an invoice outstanding with us then Tidy Design reserves the right to withhold a site until the outstanding invoice is settled. If website hosting is no longer required with Tidy Design then all we ask for is notification from our client of this prior to the invoice payment date.
Tidy Design Online Security
Please note that any area of Tidy Design that requires you to reveal financially sensitive information (ie, your Credit Card number) to continue with an activity such as an online purchase is located on a Secure Server(s).
Search Engine Optimisation and Marketing
Tidy Design does not guarantee listings on Search Engines and the Client accepts that it is Search Engines and not Tidy Design who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines and that a new website will take up to 6 months to appear on SERP (Search Engine Result Pages). Tidy Design does not control Search Engine algorithms and huge shifts can appear daily, weekly and even hourly.
Supply of Materials to Tidy Design
The Client is to supply all materials and information required for Tidy Design Portsmouth to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client's failure to supply such materials leads to a delay in completion of the work, Tidy Design has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client's failure to supply materials prevents progress on the Work for more than 21 days, Tidy Design has the right to invoice the Client for any part or parts of the Work already completed.
Under no circumstances will Tidy Design be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure. Please note that this includes emails and databases.
Approval of Work
On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Tidy Design Portsmouth, in writing, of any unsatisfactory points within 7 days of receipt of such notification. Any of the Work which has not been reported in writing to Tidy Design as unsatisfactory within the 7 day review period will be deemed to have been approved.
Offers and Proposals
Offers and proposals made by Tidy Design to potential clients should be treated as trade secrets and remain the property of Tidy Design. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from Tidy Design. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
Warranty by Client as to Ownership of Intellectual Property Rights
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Tidy Design for inclusion on the Website. The conclusion of a contract between Tidy Design and the Client shall be regarded as a guarantee by the Client to Tidy Design that all such permissions and authorities have been obtained and that the inclusion of such material on the Website would not constitute a criminal offence or civil delict. By agreeing to these terms and conditions, the Client removes the legal responsibility of Tidy Design and indemnifies the same from any claims or legal actions however related to the content of the Client's site.
Website Updates and Maintenance
Tidy Design takes no responsibility for the functionality or maintenance (unless a maintenance contract is in place) of the Website after the Work has been completed. Errors (both technical and typographical) attributable to Tidy Design will not be corrected free of charge, Tidy Design reserves the right to charge a reasonable fee for correction of errors for which Tidy Design is not responsible, including, but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided to Tidy Design Portsmouth by the Client.
Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Tidy Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
Tidy Design does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client.
In no event will Tidy Design be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Tidy Design has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
The contract between ourselves the Company and the Customer shall be governed by and construed in accordance with English Law.