Our Terms of Service.
These terms of service will apply to all website design, development and related services provided by SimpleServe Web Design to you. We have simplified these terms so they’re easy to understand and as straightforward as possible.
These terms of service (T’s & C’s) form a legal agreement between SimpleServe Web Design Limited, hereafter called ‘the Developer’, and you, hereafter called ‘the Client’ for the purposes of website design, web development and other ancillary services. These terms set forth the provisions under which the Client may use the services supplied. The Developer is an internet web design provider offering the Client web development, ecommerce services, website design, dedicated & shared hosting as well as a wide range of support management services.
2.1 All quotations issued by the Developer are valid for 30 days from date of issue unless otherwise agreed in writing.
2.2 When the Client places an order to purchase a website build, development or additional services from the Developer, the order represents an offer to the Developer to purchase the website, extensions, theme or website updates. No contract for the supply of services exists between Client and Developer until the Developer sends an invoice to the Client for payment. The invoice equals acceptance by the Developer of the Client’s offer to purchase services from the Developer and this acceptance of work creates a valid contract between the Client and Developer, regardless of whether the Client receives the invoice or not.
2.3 Any other services on the order that have not been included in the invoice do not form part of the contract. The Client agrees to check that the details of the invoice are correct and should print and keep a copy for their records.
2.4 The Developer is liable to withdraw from the contract at any time prior to acceptance. The Client is free to withdraw from the contract at any time until the initial deposit is paid after which, 50% of the agreed contract amount will become due .
2.5 Additional work requested by the Client that is not specified in the agreed quotation is subject to an additional quotation by the Developer on receipt of specification. If the work is needed as part of an existing project, then this may affect timescales and overall delivery time of the project.
2.6 If a functional specification and a set of testing criteria is included within the quotation, the Developer is responsible for fulfilling the testing criteria as the sole criteria for completion of the contract.
2.7 The Client agrees that the standard development platform is an agreeable platform for development of the website and all acceptance testing will occur only on the standard development platform. The Client further agrees that any requests relating to hardware or software outside the standard development platform will be deemed additional work.
2.8 The Client agrees to provide any necessary information and content required by the Developer in good time to enable the Developer to complete any design or development work as part of an agreed project.
2.9 Any additional work is subject to a minimum charge of £75 per hour unless otherwise agreed in writing (usually by email).
3. Permission and copyright
3.1 Copyright of the completed web design, images, pages, code and source files created by the Developer for the project shall be passed to the Client upon final payment only by prior written agreement. Without agreement, ownership of all design and all code remains with the Developer.
3.2 These terms of service grant a non-exclusive limited license so that the Client can use the project design or development on one website on a single domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Developer.
3.3 The Client agrees that any resale or distribution of the completed website, its files or overall project development is forbidden unless prior written agreement is made between the Client and the Developer.
3.4 The Client hereby agrees that all media and content made available to the Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Developer from any claim or law-suit that may arise as a result of using the supplied media and content.
3.5 The Client agrees that the Developer may include development credits and links within any code the Developer designs, builds or amends. If the Developer designs a website for a Client, then the Client agrees that the Developer may include a development credit and link displayed on the Client’s website, usually in the footer region of the website. If the Developer builds or amends a website for a Client, then the Client agrees that the Developer may include a development credit and link displayed on the Client’s website, which may be within the code but not displayed on a web browser if requested by the Client and agreed by the Developer.
3.6 The Client agrees that the Developer reserves the right to include any work done for the Client in a portfolio of work, publish any feedback and use the project as a case study on the Developers website. Case studies are showcased on the Developers website here.
3.7 The Client agrees to abide by the terms of any third party software or media included within any work done for the Client. Examples of this include, but are not limited to, Google Maps, Media under the Creative Commons license, RSS feeds & Open Source GPL Software, etc.
4.1 The Developer reserves the right to refuse to handle:
- Any media that is unlawful or inappropriate;
- Any media that contains a virus or hostile program;
- Any media that constitutes harassment, racism, violence, obscenity, political views, harmful intent or spamming;
- Any media that constitutes a criminal offence or infringes privacy or copyright;
- Any media that could be construed as confrontational, against our beliefs or containing any kind of pornographic or adult only related content;
- Any media that we determine against our principles for any other reason. No specific reasons will be given.
5. Domain names and web hosting
5.1 The Developer can, at its own discretion, but is not obliged to, offer domain name registration (via a third party service) and hosting direct from the Developer or from a third party service (in the case of shared hosting).
5.2 The Client agrees that registration of a domain name does not provide endorsement of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. The Developer holds no liability and the Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s registration of a domain name.
5.3 The domain name is registered in the Client’s own name, with the address and contact details of the Developer. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.
5.4 The Client agrees to take all legal responsibility for use of third party domain name and hosting services and supply truthful details to the third party services.
5.5 The Client agrees that information submitted for registration of domain names is then available to the general public via the Nominet Whois system. However, Clients who are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.
5.6 The Client is liable to pay the Developer for any domain name registrations and the initial set-up of the hosting if included as part of the website build.
5.7 Any support relating to the domain name, hosting and email services is between the Client and the third party service.
5.8 Any other domain name and hosting services or costs not included by the Developer, including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the Client to the third party services.
5.9 The Client agrees to pay the domain name and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the Client and third party service.
5.10 The Client agrees that if at any time their contact details, including email address, change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain name and hosting services are not received by the Client.
5.11 Payment for domain name and hosting services is to be made immediately on receipt of an invoice from the third party service. Failure to comply with the payment terms may result in the Client’s domain name becoming available to another party and/or the website and email services becoming unavailable.
5.12 The Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account that the Developer requires to upload the website if required as part of a project.
5.13 The Developer reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.
5.14 The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.
5.15 The Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.
6.1 The Client agrees that an HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by Internet browser software. The Developer agrees to try to match the design as closely as is possible when building the code.
6.2 During a website project it is important that the Client communicates information to the Developer to achieve the required result.
6.3 The Client agrees they are permitted a set amount of hours (as detailed in the project brief) of alteration on projects, unless quoted otherwise. All alterations are to be requested in writing ideally by email by the Client. After the allocated time for alterations is used up, either in design or coding, the Developer reserves the right to advise the Client of such and send a separate quotation to the Client and to request payment for any further alterations. The Developer reserves the right to request payment be received for further alterations before continuing work. Upon completion of agreed design, the Client is asked to confirm in writing by email that the design work is signed off as complete and agree that any further design alterations are chargeable.
6.4 If the Client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, the Developer reserves the right to quote separately for these alterations.
6.5 If optimised pages are included as part of the project, the Developer will optimise the Client’s web pages that already make up part of the project. Optimised pages is not creation of new pages. The optimisation of the web pages can include the meta tags, keywords, description, title, alt tags and text provided by the Client.
6.6 The Developer endeavours to create pages that are accessible to search engines. However, the Developer gives no guarantee that the site will become listed with search engines.
6.7 If an error or issue with the design or code arises during the project, which does not allow the design or code to match the original specification, then the Client agrees that the Developer can apply a nearest available alternative solution.
6.8 The Developer at all times applies reasonable skill and care in provision of services.
6.9 On request, the Developer can create a copy of the website on one zip drive that can be emailed to the Client on project completion. A small charge will be made to cover the cost of this, unless quoted otherwise.
6.10 Once the project is completed, the Developer will upload the website to the Client’s live web address if included as part of a project.
6.11 After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then the Developer reserves the right to quote for work to repair the website.
6.12 The Developer reserves the right to assign subcontractors in whole or as part of a project if needed.
6.13 The Developer will keep a copy of the site and design source files when a website project is being worked on. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.
6.14 All communications between the Developer and Client shall be by telephone or email except where agreed at the Developer’s discretion.
7. Accessibility & web standards
7.1 The Developer tests sites and templates to ensure they comply with WAI accessibility standards to Level A conformance at time of sale. Should the Client request that the Developer alter the site or templates to meet specific WAI accessibility guidelines, or if updated WAI accessibility guidelines were introduced after the site or templates were sold to the Client, the Developer reserves the right to quote separately for any additional work needed. If the Client uses Magento, Joomla or WordPress Themes or Modules, or other CMS systems that are not built by the Developer, the overall page may not meet WAI accessibility standards to Level A conformance.
7.2 The Developer tests sites and templates to ensure they comply with W3C CSS standards as they are at time of sale. Should updated W3C CSS guidelines be introduced after the site or templates were sold to the Client, the Developer reserves the right to quote separately for any additional work needed. If the Client uses Magento, Joomla or WordPress Themes or Modules, or other CMS systems that are not built by the Developer, the overall page may not meet W3C CSS standards.
7.3 The Developer tests sites and templates to ensure they comply with W3C HTML standards as they are at time of sale. Should updated W3C HTML guidelines be introduced after the site or templates were sold to the Client, the Developer reserves the right to quote separately for any additional work needed. If the Client uses Magento, Joomla or WordPress Themes or Modules, or other CMS systems that are not built by the Developer, the overall page may not meet W3C HTML standards.
7.4 The Developer shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the standard development platform, which includes recent versions of the main browsers such as; Google Chrome, Microsoft Edge, Internet Explorer, Mozilla Firefox & Safari. The Client agrees that the Developer cannot guarantee correct functionality with all browser software across different operating systems.
7.5 The Client agrees that, following handover of files, any updated software versions of the browsers detailed in the standard development platform, including the main browsers such as; Google Chrome, Microsoft Edge, Internet Explorer, Mozilla Firefox & Safari, domain name set-up changes or hosting set-up changes thereafter may affect the functionality and display of their website. As such, the Developer reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software, domain name or hosting changes.
7.6 Responsive Web Design makes a web page look good on all devices (desktops, tablets, and phones). Responsive Web Design is about using HTML and CSS to resize, hide, shrink, enlarge, or move the content to make it look good on any screen and the Developer provides a fully responsive design on website builds and development projects.
7.7 The Developer aims to create the Client website with a mix of flexible grids and layouts, images and an intelligent use of CSS media queries. This means that as website visitors switch from their laptop to iPad, the website will automatically change to accommodate for resolution, image size and scripting abilities. In other words, the Developer will build the website with the technology to automatically respond to the user’s preferences. This eliminates the need for a different design and development phase for each new gadget on the market, or for a separate mobile friendly website.
7.8 If the Client selects a theme or template which is not responsive, the Developer will not be held responsible for the general layout and feel due to the selection made as responsive web design is included with all the Developers project builds.
8.1 WEB DEVELOPMENT
8.1.1 Prices shown, advertised and quoted are subject to change without notice however all quotes are guaranteed for at least 28 days unless otherwise previously agreed by the Developer and the Client, in writing (email).
8.1.2 All quoted prices are exempt of VAT unless otherwise stated. Where possible all project brief quotes will detail the sub total due and the VAT element due in separate columns, along with the overall total due. Our VAT number is shown on all invoices issued and is: GB 285337772.
8.1.3 All projects require a deposit element to confirm the contract and allow the Developer to commence work. If the value of the project is less than £5,000 then upon commencement a 50% deposit will be required. If the project value totals more than £5,000 then the Developer may offer staggered payments and request a 30% deposit to be paid at commencement with other payments being due at set intervals. Full details of the options available will be provided to the Client in their personalised project brief quotation. Separate payment agreements can be made at the Developer’s own discretion – ask for full details.
8.1.4 Any deposit must be paid within 7 days of the invoice date, except where previously agreed or at the Developer’s own discretion. The staggered payments must also be paid within 7 days unless previously agreed with the final payment releasing any copyright restrictions as per clause 2 above.
8.1.5 The Developer reserves the right to decline further work on a project if there are invoices outstanding with the Client.
8.1.6 The Developer reserves the right to remove its work for the Client from the Internet if payments are not received.
8.2 WEB HOSTING
8.2.1 Prices shown, advertised and quoted are subject to change, with notice of at least 30 days being given in all cases.
8.2.2 All quoted prices are exempt of VAT unless otherwise stated. Where possible all web-hosting quotes will detail the sub total due and the VAT element due in separate columns. Our VAT number is shown on all invoices issued and is: GB 285337772.
8.2.3 All shared hosting invoices must be paid in full within 7 days of the invoice date, except where previously agreed or at the Developer’s own discretion or as shown on your invoice. Dedicated Server & VPS invoices will be issued around the 20th of the month ready for the next period (see point 8.2.4 below).
8.2.4 Shared web hosting is usually payable annually in advance in all cases. If you have a dedicated hosting package, or virtual private server, these will be invoiced on a month-by-month basis and will always fall due on the first of the month, payable in advance.
8.2.5 Web hosting limits, terms and acceptable use can all be found over at SimpleStack Web Hosting – our web hosting division for exclusive use by Clients of SimpleServe Web Design.
8.2.6 The Developer reserves the right to decline further work on a project, or renew or offer web-hosting if there are invoices outstanding with the Client, regardless whether or not it is related to the Client’s web-hosting account.
8.2.7 The Developer reserves the right to suspend and / or cancel the Client’s hosing account from the Internet if payments are not received.
8.3 WEB MAINTENANCE
8.3.1 Prices shown, advertised and quoted are subject to change, usually with 30 days notice being given in all instances.
8.3.2 All quoted prices are exempt of VAT unless otherwise stated. Where possible all maintenance quotes will detail the sub total due and the VAT element due in separate columns. Our VAT number is shown on all invoices issued and is: GB 285337772.
8.3.3 All invoices must be paid in full by the date shown on the invoice, except where previously agreed or at the Developer’s own discretion.
8.3.4 The Client can cancel, suspend or cease maintenance at any point or upon expiration of existing blocks of hours. The Developer reserves the right to decline further work on a project if there are invoices outstanding with the Client.
8.3.5 The Developer will not commence any work if there are insufficient hours accumulated to complete the work. In such cases the Client will receive a new invoice with the standard block of hours (currently 20) and upon cleared payment, work will recommence on the project.
9. Liability and warranty disclaimer
9.1 The Developer provides their website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose.
9.2 The Developer cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
9.3 The Client agrees that the Developer is not liable for any bugs, performance issues or failure of their Magento, Joomla or WordPress (CMS) software as they are all open-source software distributed under the GPL (“GNU General Public License”) and are maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the CMS software will be directed to the Magento, Joomla or WordPress (CMS) Development communities via their respective websites.
9.4 The Client agrees that the Developer is not liable for any bugs, performance issues or failure of their custom / third-party software as they are maintained and developed by a community outside of our control. Any bugs, performance issues or failure with this software will be directed to the relevant author, or community where available.
9.5 The Developer endeavours to provide a website within the given delivery time scales to the best of its ability. However, the Client agrees that the Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
9.6 The Client agrees that the Developer is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
9.7 The Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
9.8 On handover of files from Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
9.9 Whilst every effort is made to make sure files are error free, the Developer cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free. If, after handover of files, errors are found in code the Developer has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then the Developer can correct these errors for the Client free of charge for a period of 3 months, after acceptance of the work. After the 3-month period, the Developer reserves the right to quote separately for any work involved in correcting an error.
9.10 If, after handover of files, errors are found in code the Developer has created and the standard development platform, or the domain name set-up or hosting set-up have been changed, the Developer can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.
9.11 Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Developer reserves the right to cancel forthwith any projects and invoice the Client for any work completed.
9.12 The Developer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, 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 the Developer has been advised of the possibility of such damages.
9.13 There are sometimes laws and taxes that affect Internet ecommerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.
9.14 The Developer may from time to time recommend to the Client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. The Developer reserves the right to quote for any updates as separate work. The Client agrees that the Developer is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
10.1 The Client agrees to use all the Developers services and facilities at their own risk and agrees to defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Developer or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties.
10.2 The Client agrees that this indemnification extends to all aspects of the project, including but not limited to website content, hosting up-time, website security and choice of domain name.
10.3 The Client also agrees to indemnify, hold harmless and defend the Developer against any liabilities arising out of injury to property or person caused by any any product or service sold by the Client or any service provided or agreed to be provided or by third parties including but not limited to; infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.
11.1 A Non Disclosure Agreement (NDA) is a legal contract. It sets out how you share information or ideas in confidence. Sometimes people call NDA’s confidentiality agreements but the principle remains the same as an NDA.
11.2 The Developer and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information.
11.3 The Client agrees that it will not convey any confidential information about the Developer to another party, unless directed by the Developer.
11.4 You can find out more about our Standard Non Disclosure Agreement and obtain a personalised copy by reading our Standard NDA page.
12.1 Cookies are small data or text files sent by a website’s server to a web browser, processor memory or hard drive and stored there. They can be used for a range of different purposes and for storing usage information.
12.2 We use a system of classifying the different types of cookies which we use on our website or which may be used by third parties through our website. The classification explains more about which type of cookies we use, why we use them and the functionality you may lose if you decide you don’t want to have them on your device.
13.1 You have certain rights as a consumer under the DPA & GDPR.
14.1 These Terms and Conditions do not affect your statutory rights as a consumer.
15. Termination & transfers
15.1 Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
15.2 Within one month of the termination of this Agreement, the Developer may delete all files and content from their Web Hosting Server(s), including but not limited to Web pages, images and database files, which the Developer has hosted on behalf of the Client or as part of the Web Hosting Service.
15.3 It is the Client’s responsibility to make arrangements for the transfer of their data prior to the termination date. The Developer cannot accept any liability for any loss or damage incurred by the Client as a result of the deletion of such data or delay in transferring away.
15.4 By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
15.5 The Developer reserves the right to alter these Terms and Conditions at any time without prior notice.
16.1 The Developer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. The Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.
16.2 Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
16.3 Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
16.4 This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
16.5 By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
16.6 The Developer reserves the right to alter these Terms and Conditions at any time without prior notice.
17.1 A link to SimpleServe Web Design Limited will appear in either small type or by a small graphic at the bottom of the Client’s website.
17.2 If a graphic is used, it will be designed to fit in with the overall site design. If text is used it will be in small type placed at the base of the website.
17.3 If the Client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied.
17.4 The Client also agrees that the website developed for the Client may be presented in SimpleServe Web Design’s portfolio and recent work.
18. Cancellations & complaints
19. Swap developer and site takeovers
20. Data controller & privacy settings
The data controller in respect of this website is SimpleServe Web Design Limited registered in England and Wales number: 10778148. Our registered office address is: 3 Chantry Court, Forge Street, Crewe, Cheshire, CW1 2DL. We are registered with the Information Commissioner and our registration number is: ZA255425.
You can contact the data controller by writing to: The Data Protection Manager, SimpleServe Web Design Limited, c/o KFH Accounts, 3 Chantry Court, Forge Street, Crewe, Cheshire, CW1 2DL or by sending an email to firstname.lastname@example.org.
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