Terms & Conditions - Website Design
Conditions between customer and consultant
Terms and Conditions of WBVR
This agreement is made between WBVR (hereafter referred to as “The Consultant”) and the person or persons named (hereafter referred to as “The Customer”)
TERMS AND CONDITIONS
1.All orders by the Customer for services are accepted by the Consultant strictly in accordance with and subject to the Terms and Conditions, which shall form the basis of the contract between the Customer and the Consultant.
2.No other terms and conditions, or modifications to these Terms and Conditions shall be binding on the Consultant unless the Consultant agrees thereto in writing and the Consultant shall not be deemed to accept such other terms and conditions nor to wave these Terms and Conditions by failing to object to provisions contained in any order or other communications from the Customer.
These are Business services to be provided by the WBVR in accordance with the quote provided to the Customer.
These are any additional, extra or alternative services, which may from time to time be provided by the Consultant in accordance with the Customer’s specific request, or as a result of unforeseen items.
The Consultants employees are instructed to exercise due care in carrying out their work and shall at all times complete the agreed services within due diligence. Whilst the Consultant shall ensure that his employees use their best endeavours to complete the Works within the period of time quoted to the Customer, all time estimates and commencement dates are given strictly as estimates only, and the Consultant will not be liable for any loss or damage, howsoever expressed or quantified, caused as a result of any delay in either, the commencement or completion of the services, or of any dispute which may arise.
1.All charges quoted to the Customer shall be exclusive of Value Added Tax which shall be charged to the Customer in addition to the amount agreed for the Works and shall be payable by the Customer at the same time as the Customers makes payment of the charges. You will be notified in advance if the Consultant intends to charge VAT or whether it is already included in any quote provided.
2. the Consultant expressly reserves the right to adjust the charges quoted to the Customer at any time before submitting his invoice for payment to take into consideration any increase in the cost of services arising as a result of any circumstances beyond the Consultant reasonable control for the avoidance of a doubt, additional charges may be incurred in the event that the Surveyor, or any other competent authority, specifies that further works need to be undertaken upon the Customer’s premises. In this event the Consultant shall notify the Customer of the need for additional works and the Customer shall, upon being so notified and upon the additional works being carried out, be liable for the full cost thereof.
3.The price / prices quoted will be valid for 14 days from the date of the Quotation.
4. The Consultant expressly reserves the right to adjust the charges quoted to the Customer at any time before submitting his invoice for payment to take into consideration any circumstances beyond the Consultant control.
5. The Consultant shall provide a quotation/s for any additional work/s requested by the client, staff at WBVR will not undertake these works until such time that written confirmation is received from the client.
TERMS OF PAYMENT
1.Unless specific agreement to the contrary is reached between the Customer and the Consultant, which agreement shall at all times be within the absolute discretion of the the Consultant, the Customer shall, at all times when the order for services is made, pay to the Consultant hundred percent of the agree price. Regarding Website Design/ Apps/Logo fifty percent of the agreed price can be accepted.
2.The Customer agrees that a final balance of no more than five percent of the agreed price shall be outstanding on completion of all services.
3.The balance of the agreed price, which shall include the total amount of the Charges calculated in accordance with clause above, or as the case may be, the agreed price in full, which shall also include the total amount of the Charges already referred to, shall be paid within 7 days of the date of the Consultant’s invoice for payment which will be submitted to the Customer upon completion of the agreed services.
4. The Consultant shall be entitled to charge interest at the rate of eight percent per annum above on all overdue accounts, such interest being deemed to accrue on a day-to-day basis from the seventh day after submission by the Consultant of his invoice for payment.
6.The Customer shall not be entitled to withhold payment of any amount due under this contract in respect of any disputed claim for defective services, or of any alleged breach of contract by the Contractor. Where there is a dispute in respect of defective services, or in respect of any alleged breach of contract by the Contractor, the Customer agrees to deposit the sum outstanding into an independent account, controlled by an appointed Surveyor as stipulated in the terms indicated below, under Standard of Works.
7.The customer shall not be entitled to withhold payment of any amount due under this contract in respect of any disputed claim for defective Works, or in respect of any alleged breach of contract by the Contractor.
Notice of the Rights to Cancel
1.The customer may cancel the contract within seven (7) days from the date of the contract being signed. Such notice must be sent to us via our contact form on website.
2.Once the Cancellation Notice has been received, as stipulated within this contract, any sum paid by on or behalf of the Customer as part of the Contract will be repayable.
3.The Customer may be required to pay for the goods and / or services supplied if the performance of the contract has begun either verbatim / and or with their written agreement before the end of the Cancellation Period.
STANDARD OF WORKS
1.The services will be carried out in a professional and efficient manner and in accordance with the Customer’s specifications and or the Quotation or Estimate (submitted by the Consultant ) and on any continuation thereof. In the event that the Customer is not satisfied with the standard of services, or in the event that the Customer alleges that the services have not been completed in accordance with the aforesaid specifications, the Customer shall within seven days of completion of the services, notify the Consultant in writing of his complaint and give details of the alleged defects. The matter shall then be referred by the Consultant to an independent person who shall determine whether the services have been completed in accordance with the said specifications and to an acceptable standard as ascertained.
2.All the costs of and incurred by the independent person in reaching his determination and issuing the said report shall be incurred by the unsuccessful party.
1.The Customer shall ensure that at all times the premises upon which the services are being carried out are adequately insured against the risk of fire, storm, high winds, gale’s and any other foreseeable risks of hazards.
2.If the Works are delayed or last longer than expected for any reason (other than the fault of the Consultant), the Customer will be liable to pay for all loses and expenses incurred by the Consultant. These costs will be detailed in the Consultant’s additional or final invoice.
3.Following commencement of the agreed services, if the Customer alters / edits any aspects of the stipulated scope of services, without agreement in writing from the Consultant, the Customer will be liable for all the Consultant’s costs and any losses, which result in the Consultant having to lay off (with pay) or cancel staff which were engaged for the services.
4.In the event of any claim arising by the Customer as a result of any damage to the Customer’s property and or goods by the Consultant, the Consultant shall refer the matter to his insurance. The Customer will not be entitled to withhold any payment under the contract, and will deal directly with the Consultant’s insurance in respect of any claim.
5.The Customer shall at all times keep the Contractor well and adequately indemnified against all and any claims made against the Contractor for compensation for any loss or damage arising by reason of the Customer’s failure to carry out his duties herein above set out.
1. WBVR shall not be liable to pay for any works, services or render good any defects in such work, carried out upon the Customer’s premises by any person, firm or company unless the engagement of such a person, firm or company shall have been made with the knowledge acquiescence and prior written consent of WBVR.
2. WBVR shall not be liable for any damage caused as a result of any existing defects in the structure, or any other part, of the site of proposed services.
3.Where the Consultant uses sub-contractors to carry out all or any works, all or any sub-contractors will be fully inured and liable for their work/s and will be under an obligation with the Customer to remedy all / any defective, sub-standard or any issue with their works. In the event of any disputed work or claim the Consultant will not be liable, and the Customer will raise all claims directly with the sub-contractor.
4.Where the Consultant recommends and or introduces the Customer to suppliers and or any other third party, WBVR accepts no liability in the event of any issues arising.
5.Without affecting its rights and remedies, WBVR can suspend or end this contract on one or more of the following circumstances:
6.If the Customer fails to pay any interim invoice and still fails to pay seven (7) days after receiving written notice.
7.If the Customer, anyone employed by the Customer, relation, agent or relative interfere with or obstruct the Works or fail to make the site available for the Consultant.
8.If the Customer becomes bankrupt or goes into liquidation or makes a composition or arrangement with creditors. After we use our right to suspend this contract we can end it if you are still at fault, we will be entitled to all payments and any costs involved in suspending or ending the contract. We are also entitled to claim for any losses we suffer (including loss of profits) resulting from suspending the contract.
9. WBVR shall not, under any circumstances, be liable for any loss or damage, whether direct, consequential or indirect caused to or suffered by the Customer, whether such loss or damage shall arise as a result of the Contractor’s negligence, breach of duty in contract or in any other way. For this purpose a consequential or indirect loss or damage shall include but shall not be limited to the loss or damage caused to the property of the Customer or any third party, and personal injury to the Customer or anyone else, save, in the event of personal injury, where the same is attributable to the negligence of WBVR .
10.Without prejudice to the foregoing and in any event, WBVR's liability, if any, for any loss or damage, howsoever arising, shall be limited to either, the cost of making good the loss or damage, or, the total amount due under this contract, whichever shall be the lesser.
11.Force majeur. The Consultant shall be under no liability if they are unable to carry out any provision of the contract for any reason beyond their control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, inclement weather, failure of power supply, failure of utility services to deliver goods / services, lock-out, strike, or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to the Consultant elect to terminate the contract and pay for work done and material used, but subject thereto shall otherwise accept delivery when available.
1.If the Customer is a Limited Company, or in any circumstances where the Consultant deems it in his absolute discretion to be prudent, WBVR shall be entitled to require any number of written personal guarantees to protect against bad debts, from the directors of the Limited Company, or any other person where WBVR 's absolute discretion is a suitable person for giving such guarantee.
3.The Consultant reserves the rights to use photos of work completed on websites and in promotional leaflets / folders.
4.Any verbal, written, signed, emailed or faxed acceptance of the estimate / quotation, and thereafter any additional services, agree to the above terms.
This contract shall be governed by and construed in accordance with the Laws of England.