Terms & Conditions
"Backwood Web" means Backwood Web Limited,
Registered: in England & Wales No: 7566338
Primary place of Business: 1 West St, Bishops Lydeard, Taunton, Somerset, TA4 3AU
"Client" means any individual, company, partnership, organisation or body requesting the services of Backwood Web.
"Agreement" means the contract between Backwood Web and the client to which these conditions will apply.
"Order" means confirmation by the client of their acceptance of the quotation given by Backwood Web.
The client’s approval for work to commence shall be deemed a contractual agreement between the client and Backwood Web. Backwood Web will carry out work only where an agreement is provided either by email, telephone, or mail. Backwood Web 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 Backwood Web and the client; this includes written and email agreements.
Intellectual Property & Copyright
Backwood Web retains ownership of all intellectual property, including source code and original images created for the client until payment of the final invoice. At this time ownership rights will be transferred to the client. Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by Backwood Web remain the copyright of Backwood Web and may only be commercially reproduced or resold with the permission of Backwood Web.
Client's Responsibilities with regard to Copyright
In situations where the client provides images, text, animations, layouts or any other content for their website/development they are legally responsible for ensuring that this material does not infringe any copyright. Backwood Web cannot take responsibility for any copyright infringements caused by materials submitted by the client. Backwood Web reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Backwood Web will not be liable or become involved in any disputes between the website owner or managers and their clients and cannot be held responsible for any wrongdoing on the part of a website owner or manager. E.g. any disputes relating to content/images that have been provided to Backwood Web for inclusion on the website/development.
Copyright & proof reading
It is up to the client to proof read and check all written copy, whether it be for electronic or printed publication. Backwood Web will never send anything to print or publish online without it first being approved by the client. Backwood web therefore is not responsible for any spelling/grammatical error which may be found on a signed-off project. Signing off can be a written signature or an email which clearly states the client is happy to proceed with printing their material or setting their website live.
Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. The client agrees that initially (unless specifically agreed otherwise) only one concept will be provided by Backwood Web. In order to provide an appropriate website design, the client should therefore ensure that they have provided any colour scheme, artwork and design requirements beforehand. Note: Design concepts and associated graphics remain the property of Backwood Web unless otherwise agreed.
Certain images provided by Backwood Web may have been purchased under license from stock image suppliers. These images are generally only licensed for use on a website. The license may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If the client wishes to use any such images from the website for other purposes they are required to contact Backwood Web for clarification. The client agrees to meet all third party costs arising from the purchase of stock photography as well as any administration fees relating to the procurement of images imposed by Backwood Web.
Database, Application and E-Commerce Development
Backwood Web cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care is taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client to ensure that all software is functioning correctly before and during use. Any scripts, applications or software (unless specifically agreed) written by Backwood Web remain the copyright of Backwood Web and may only be commercially reproduced or resold with the permission of Backwood Web. Where applications or sites are developed on servers not recommended by Backwood Web, 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 on servers not recommended by Backwood Web, it is the client's 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 website developed by Backwood Web before it is made generally available for use. Where "bugs", errors or other issues are found after the site/development is live, Backwood Web will s (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Web & Email Hosting
For sites and domains hosted by Backwood Web, no guarantees can be made as to the availability or interruption of this service. Backwood Web 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. Backwood Web reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise. Backwood Web's Hosting Terms and Conditions provide further details. For websites hosted by Squarespace, Backwood Web has no access therefore no control over uptime or speed of service.
All third party costs arising from the registration of a domain name shall be met by the client. Domain names registered on behalf of the client by Backwood Web are property of the client. For convenience Backwood Web acts as administrator on the client's behalf. Backwood Web agrees to transfer any domain names to the client immediately upon request and without charge.
Search Engine Promotion
If Search Engine Optimisation has been agreed as part of the website development contract the client must be aware that Backwood Web is not responsible for ongoing web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While Backwood Web can optimise the client's site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.
The client agrees to make available as soon as is reasonably possible to Backwood Web all materials required to complete the site to the agreed standard and within the set deadline. Backwood Web will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Backwood Web reserves the right to impose a additional hourly charges where the client has failed to provide required information in a timely manner.
Travel Time and Travel Expenses
Traveling time to and from customer premises or other meeting places is not generally included in any quotations or estimates. Backwood Web reserves the right to make a charge for travelling time at the current hourly rate. Likewise Backwood Web reserve the right to charge for traveling expenses based on 40p per mile. (NOTE: There will be no charges for traveling time or expenses incurred during the quotation process, i.e. before approval for work to commence is received.)
The price quoted to the client is for the work specifically agreed on the quotation only. Should the client decide that changes are required after work on the website has commenced such changes are to be agreed and any additional cost will likewise be agreed prior to the work being started. Unless otherwise agreed any quotation provided will be valid for 30 days from the date of issue.
Payment of Accounts
A deposit may be required from any new client before any work is carried out. Likewise, if a project is large or deemed to be of significant duration then interim payments may be required. Invoices for any remaining balance are only issued when the client accepts that their website/development has been completed to their satisfaction. Backwood Web reserves the right not to launch a website or send artwork to print until full payment has been received. Any outstanding accounts for work carried out by Backwood Web or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice. Backwood Web reserves the right, in its sole discretion, to deactivate hosting services for clients with unsettled accounts. When this occurs an additional minimum charge of £50 will be required to have the site restored. Please see published Web Hosting Terms and Conditions for further details. Accounts that have not been settled within 14 days of the due date will incur a late payment charge of 10% of the amount outstanding. Any unpaid balance due shall bear interest at the rate of 8% compounded per annum, and costs of collection, including court costs and reasonable legal fees shall be added as principal amounts to such balance.
Sites built on the Square Space platform require a deposit amounting to the yearly hosting cost before work commences. The final payment is requested before the site is set live.
After work on a website commences any fees paid are not refundable.
Should the client wish to cancel at any point during the project they shall remain liable for the work that has taken place and shall be invoiced accordingly. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work (whether a deposit has been paid or not) they are still obliged to pay for the work that has been done up to the point of cancellation.
Unless otherwise agreed, payment is only accepted by direct bank transfer or cheques in UK Pounds Sterling. Paying by cheque incurs a £5.00 administration fee. If a cheque is returned by the bank as unpaid for any reason, the client will be liable for an additional administration fee of £35.
Websites will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand Backwood Web is not responsible for ongoing support. Support can be provided upon request for an agreed fee which needs to be discussed beforehand and written into the quote. Websites are offered as a single contract and no guarantee of the availability or compatibility (including rendering compatibility with future browsers or future versions of existing browsers) from Backwood Web is offered unless an ongoing support package has been agreed.
Unless an ongoing support package or individual hourly rate has been agreed upon, Ad Hoc development or graphic design work is charged at £35 per hour and is billed in 20 minute intervals.
Response time for technical queries and difficulties is a maximum of 48 hours. This includes using any content management systems, hosting and queries related to developing additional modules for websites. If the client is hosting on Squarespace CMS, hosting queries do not apply as Backwood Web has no access or control over the hosting platform.
CMS (Content Management System) Training
Should the Client wish to manage elements of the website themselves Backwood Web includes an hour of one to one training. For websites built on the Squarespace CMS an hour of one to one training is included. There is also many training resources in the form of videos and guides online which Backwood Web will point you towards should the client need further training.
Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today's Internet. It is highly unlikely that these will affect the client's website, and Backwood Web will endeavour to protect it from this as much as possible during its creation, but after the website is handed over Backwood Web cannot be held responsible for problems caused by illegal activity or the actions of others.
Compliance with Ecommerce, Accessibility or Other Regulations: Backwood Web develops websites in accordance with the client's specifications. It is the client's responsibility to ensure that the website and its content comply with current online trading laws and regulations. Backwood Web cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. Research can be undertaken on the client's behalf upon request, but in any business where complex compliance issues may exist it is recommended that the client takes legal advice.
Only if agreed with the client will a link to Backwood Web will appear in either small type or by a small graphic at the bottom of the client's website. If a graphic is used, it will be designed to fit in with the overall site design.
Should Backwood Web waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Backwood Web to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected.
Backwood Web reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.
This Agreement shall be governed by English Law.