TERMS & CONDITIONS
The terms and conditions of business below relate to the web design, maintenance, support, and related services provided by FIBONACCI DESIGNS.
The CLIENT: The company or individual requesting the services of FIBONACCI DESIGNS.
FIBONACCI DESIGNS: Chris Adams trading as FIBONACCI DESIGNS, the primary Web Designer and Internet Consultant.
FIBONACCI DESIGNS will carry out work only where an agreement is provided by an online purchase, email, digital message, telephone, letter or fax. An ‘order’ is deemed to be a written or verbal contract between FIBONACCI DESIGNS and the CLIENT; this includes all current and future telephone and email agreements.
Website Design, Development, Search Engine Optimisation & Marketing
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, FIBONACCI DESIGNS cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code created remain the property of FIBONACCI DESIGNS until all outstanding accounts are paid in full.
Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by FIBONACCI DESIGNS remain the copyright of FIBONACCI DESIGNS until all outstanding accounts are paid in full and thereafter full copyright is passed to the CLIENT and may only be commercially reused, reproduced or resold by the CLIENT with the permission of FIBONACCI DESIGNS.
FIBONACCI DESIGNS cannot take responsibility for any copyright infringements caused by materials submitted by the CLIENT. FIBONACCI DESIGNS reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. FIBONACCI DESIGNS reserve the right to refuse to handle in any way material which may be deemed offensive, illegal or in any way controversial.
Any additions to an agreement of work will be carried out at the discretion of FIBONACCI DESIGNS and where no charge is made by FIBONACCI DESIGNS for such additions, FIBONACCI DESIGNS accepts no responsibility to ensure such additions are error free and reserve 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 FIBONACCI DESIGNS all materials and feedback required to complete the work to the agreed standard and within any set and agreed deadline. FIBONACCI DESIGNS will provide the CLIENT with expected project target dates if requested. FIBONACCI DESIGNS will endeavour to meet any given target dates but do not guarantee and are not bound in any way to complete the project by this date. FIBONACCI DESIGNS will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
FIBONACCI DESIGNS will not be liable or become involved in any disputes between the website owner and their CLIENTs and cannot be held responsible for any wrongdoing on the part of a website owner.
FIBONACCI DESIGNS 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.
FIBONACCI DESIGNS will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the website, its servers, software or any material provided by its agents.
Where FIBONACCI DESIGNS have been asked to provide search engine optimisation or other online or offline marketing for the CLIENT, we do not guarantee any specific placement or ranking on search engines or success of campaigns.
Database, Application and ECommerce Development
FIBONACCI DESIGNS cannot take responsibility for any losses incurred by the use of any software created for the CLIENT by FIBONACCI DESIGNS nor any third-party software used in conjunction with the CLIENTs’ website. Whilst every care has been 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 websites are developed on servers not recommended by FIBONACCI DESIGNS, the CLIENT is expected to provide or seek any information, additional software, support or cooperation pertaining to the server required in order for the application to be correctly developed and run. Where large applications are to be developed, unless otherwise agreed 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 service provided by FIBONACCI DESIGNS before being made ‘live’ or generally available for use. Where bugs, errors or other issues are found and reported up to 30 days after the website has been made live, FIBONACCI DESIGNS will endeavour (but is not obliged) to correct these issues to meet the standards of function outlined in the brief. Where bugs, errors or other issues are found and reported after 30 days following the website being made live, FIBONACCI DESIGNS retains the right to charge to correct these issues.
Where a request is made by FIBONACCI DESIGNS to the CLIENT for content (written copy, graphics, photography, video and other data or media) required to fulfil the agreed services, the CLIENT will provide said content within the agreed timescale. Where content is not provided or only partially provided by the CLIENT within the given timescale, FIBONACCI DESIGNS will add substitute or placeholder content and the project will be deemed completed, after which the CLIENT will be able to add their own content.
FIBONACCI DESIGNS will endeavour to ensure that any website, application or related service will function correctly on the server it is initially installed on and that it will function correctly when viewed with the most recent versions released within the last 2 years of the date of acceptance of these terms and conditions of Internet Explorer, Mozilla, Chrome, Opera and Safari browsers as well as any specified mobile devices where mobile friendly design is included. FIBONACCI DESIGNS can offer no guarantees of correct function with all browser software.
Website, Email & Domain Name Hosting
FIBONACCI DESIGNS provides third party website hosting and domain name registration and management services. Where a project includes website hosting, FIBONACCI DESIGNS will include in it’s fees the initial setup including configuration of hosting services for the website, installation of website files, database and associated media on the server, updates to the settings of associated domain names for the website where applicable, and monitoring of the server. A standard hosting account includes up to 2GB storage and up to 10000 visits to your website per month (additional space or visits are chargeable).
Where FIBONACCI DESIGNS registers domain names, email services and hosting with third party suppliers for the CLIENT, no guarantees can be made as to the availability or non-interruption of these services. FIBONACCI DESIGNS cannot accept liability for losses caused by the unavailability, malfunction or interruption of these services, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
If the CLIENT requests to have hosting, email or domain name details changed or transferred elsewhere, FIBONACCI DESIGNS will organise this within reasonable time. Charges are applicable to this service and will be detailed on request of transfer.
Payment of Accounts – ‘FIBONACCI DESIGNS’ Bespoke Web Design
Unless otherwise agreed, for Bespoke Web Design services (engaged via the website at fibonacci-designs.co.uk) a deposit of 50% is required with any project before any work will be carried out. If the work includes any third party software then the full payment for that software is also required before any work is carried out. A second payment of 25% will be due on completion of the design sign-off, and the final payment due on completion of the project. The project is deemed to be completed when the CLIENT has agreed verbally or in writing that they are happy with the agreed stage of development be it mid cycle or at the finalisation of production. Where a timeline for project completion has been agreed by both parties the final balance payment or agreed split payments will be deemed due even if the project or targets have not been met. The project will be switched to ‘live mode’ once the CLIENT has paid the remaining balance in full.
Payment of Accounts – ‘FibDes’ Affordable Web Design
Unless otherwise agreed, for Affordable Web Design services (engaged via the website at fibdes.co.uk), a payment plan including an initial setup fee plus the first month’s payment is due on signup of said service, the details of which the CLIENT agrees to when ordering from the website fibdes.co.uk. Following the initial payment, the CLIENT agrees to paying 11 monthly consecutive payments, after which the website contract is completed, and any software, applications, and database content will transfer ownership from FIBONACCI DESIGNS to the CLIENT. If any payments are missed during the course of the 11 months following the initial payment, FIBONACCI DESIGNS retains the right to stop all services provided and delete all software, applications and database content created without warning or communication to the CLIENT. If the CLIENT wishes to re-start a payment plan then a new proposal will be agreed, including a fee to reinstate the website.
Payment of Accounts – Other Services
Other services provided by FIBONACCI DESIGNS to the CLIENT including domain name registration, website and email hosting, search engine optimisation, digital marketing, graphical design, ongoing support and maintenance, training and consultation will require payment as set out on agreement of said service and detailed in the invoice provided.
Payment of Accounts – General
All invoices must be paid in full by the due date(s) stated on the payment terms stated of the invoice. Late payment fees of 5% of the total invoice value will automatically be added every 28 days after the due date.
Where any account payments or payment plans are not made or missed, and if accounts are not settled in full by the due date(s) stated on the payment terms of the invoice, late payment fees of 5% of the total invoice value will automatically be added every 28 days after the due date, and access to the related service may be denied and content removed. FIBONACCI DESIGNS may pass such cases to the Small Claims Court to pursue payment.
Following consistent non-payment of an invoice Fibonacci Design’s solicitors will contact the CLIENT, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons. In case debt collection or legal action prove necessary, the CLIENT agrees to pay all fees incurred.
Cancellation of services
Before the CLIENT approves of the final design or development of a web design project or associated service, each party reserves the right to terminate their agreement at any time. FIBONACCI DESIGNS has the right to bill for all work completed up to and including the date of the cancellation request on a pro rata basis. If the CLIENT terminates the agreement the deposit will not be refundable.
Any ongoing SERVICES provided by FIBONACCI DESIGNS can be cancelled by the CLIENT at any time, except SERVICES where a minimum contract period still applies. A minimum of 14 days’ cancellation notice either in writing or by email is required to be sent by the CLIENT to FIBONACCI DESIGNS. The CLIENT is not entitled to a refund for any part of a month or year for SERVICES yet to be provided which have been paid in advance.
If the CLIENT is cancelling the website hosting or domain name registration service (e.g. the CLIENT wishes to move their website to a different hosting provider) then FIBONACCI DESIGNS will compile and hand over all related files and/or will help to transfer the domain name. All assistance of this nature will be deemed additional work and quoted for as appropriate.