THE FOLLOWING TERMS & CONDITIONS ARE SUBJECT TO COPYRIGHT PROTECTION, AND THE PROPERTY OF WEBMYJERSEY. MODIFICATION AND DISTRIBUTION OF THIS DOCUMENT WITHOUT CONSENT FROM WEBMYJERSEY IS STRICTLY FORBIDDEN.
The following terms apply. “Client” refers to the instructing party, i.e. the party commissioning the services of the “Agency”, which refers to WebMyJersey, whose services provided under the banner of Raven Consultancy; “Project” refers to a pre-agreed piece of project work undertaken by the Agency, on behalf of the Client; “the website” refers to the WebMyJersey website; “Project Agreement” refers to a contract of works drawn-up and agreed between the Client and the Agency, outlining deliverables, timescales and costs; “Project Estimate” is a quote drawn-up to reflect the costs of delivering the Project, ahead of the Project Agreement being finalised; “Signatory” refers to the individual signing the Project Agreement on behalf of the Client; “Marketing Material” refers to promotional and advertising material which will be published as a part of the Project, in any form whatsoever; “publication” refers to any form of print, presentation, distribution or documentation which may be made available to the general public, in any hard print or digital format; “Budget List” refers to a schedule of anticipated costings provided to the client as part of the Project Estimate;
PRICING & PAYMENT:
Projects are billed based on the pricing structure detailed on the website or by the Project Agreement, depending on the scope of the work. Specific fees and payment terms will be detailed in the project proposal Budget List and/or discussed at initial setup meetings. Final payment is due within seven days (one calendar week) of invoice date, unless otherwise noted. Invoices not paid within fourteen days (two calendar weeks) will result in an additional late fee of 20% of the project cost. Fees are non-refundable, unless otherwise negotiated with the Agency. The Client assumes responsibility for the settlement of any and all fees associated with the collection of monies through third parties, having been necessitated by failure to make payment in accordance with the aforementioned Terms and Conditions. The Agency may request a progressive payment option at our discretion which will be expressed in the budget and fee schedule of the Project Agreement (for example: invoicing 20% of the estimated project fees before work begins, 40% at the acceptance of the preliminary site design and the remaining 40% due upon project completion).
The Agency will make every effort to be as accurate and complete as possible when providing estimates. To receive a project estimate, you must submit the exact specifications of your job. In some cases, a range estimate will be given, based on knowledge of the Project at the time of the estimate. If, upon receipt of all project elements the Agency determines the scope of the project has been changed from the originally agreed-upon concept by the Client, the Client will be duly advised, and the project may be re-estimated. Minor revisions are anticipated, but major design/content changes may go beyond the scope of the estimate, directly impacting upon the amount of work involved to deliver the Project to the Client’s requirements. The Client’s approval will be obtained for any increases in fees or expenses that exceed the original cost of the project. Final fees and expenses will be shown when invoice is rendered.
Additional expenses to the original project estimate will be subject to an industry-standard mark-up to cover time and costs involved. Any additional expenses expected to be over £100 (one hundred pounds sterling) will be discussed with the Client. The Client will reimburse the Agency for expenses arising from this project, including but not limited to: stock photography, premium fonts, hi-res scanning, digital proofs, production expenses, travel, shipping and printing fees.
By submitting Marketing Materials for publication, the Client warrants to the Agency that the materials do not breach or infringe:
a. Copyright, Designs and Patents Act 1988;
b. State and Commonwealth anti-discrimination legislation;
c. Any copyright, trade mark or obligation of confidentiality;
d. Any law of defamation or obscenity;
e. Any law of contempt of any court, tribunal or royal commission; and
f. The Data Protection Act 1998 (DPA)
g. Prevalent Copyright, Trade Mark, Design and Patent Laws
The Signatory represents and warrants:
a. To have the authority to act on behalf of the Client, and bind it as to legal agreements with third parties, such as the Agency;
b. To be authorised to make available to the Agency any and all materials needed from the Client, to ensure delivery of the Project Agreement’s deliverables;
c. To have fully read, understand and agree to the Agency’s Terms and Conditions, as outlined in this document and the Project Agreement.
MATERIAL FOR PUBLICATION
The Client acknowledges that:
a. The Client has checked and signed-off on all Marketing Material being supplied for publication;
b. The Client will notify the Agency of any errors in these materials as soon as possible prior to the commencement date of the Project. The Agency will use its best efforts to ensure any changes requested by the Client are made in a timely fashion;
c. The Agency is not responsible for errors or omissions in any Marketing Materials provided by or on behalf of the Client;
d. The Client agrees to provide all advertisements and associated materials to the Agency, or any person nominated by the Agency in writing, on or before any required or requested deadline for so doing.
The Client will be ultimately responsible for final approval of all work. It is important to make all final corrections before the Project goes online to avoid delays and additional fees. If work sent to the Client for approval has not been accepted or rejected within seven days (one calendar week) of sending the work for such approval, then the Agency will assume that the work has been accepted and the Project will continue on as scheduled. The Agency is not liable for any final work that has been approved by the Client and has been published online.
WARRANTY OF WORK:
The Agency applies the most comprehensive testing measures available to ensure that completed websites are fully functional and as free of bugs and errors as possible. If any bugs or errors are identified with any of the completed development features created by the Agency, then the Agency will fix the reported bugs or error free of charge. If a bug or error is created due to an issue beyond the control of the Agency, such as improper modification of the existing website code by non-Agency developers, the addition of features created by non-Agency developers, or the modification of the core website files, including MySQL databases by non-Agency developers, the Agency will not fix these issues free of charge. The Agency will provide complimentary 12 months licensing for any premium plugins used on website projects. After this 12 month period has expired, it will be the Client’s responsibility to purchase and renew all premium plugins that the Agency originally purchased and installed as part of the Project Agreement.
The Agency provides limited support on all work completed via email messages, a helpdesk ticketing system and telephone calls. The Client will be invoiced separately to any invoice if on-site support (where an Agency team member visits the premises of the Client for services such as email setup and website tuition) is required. A callout fee and an onsite fee per hour (or part thereof) will be charged for all work applied. Support fees are subject to the Agency’s hourly support rate.
If the Client has/will have a website or email account hosting with the Agency then they also agree to the hosting Terms and Conditions described on the hosting Terms and Conditions page: http://webmyjersey.co.uk/hosting-terms. When the Client agrees to the Agency’s Terms and Conditions, the Client also agrees to the website and email hosting Terms and Conditions document.
In the event of cancellation of a Project, the ownership of all copyrights and original artwork, including sketches, PDF files of layouts, and any other mock-ups, shall be retained by the Agency. Usage by the Client of any of the project elements will result in appropriate legal action being taken. A cancellation fee for work completed will be paid by the Client. The cancellation fee is as follows: 35% of total Project fee for preliminary work or concepts, 65% of total Project fee after preliminary work but before completion, 100% of total Project fee for completed work regardless of final approval. If the Client terminates the project without sufficient reason, then 100% of total Project fee will be billed to the Client, regardless of the amount of work completed.
CLIENT PRO FORMA:
Client-specific responsibilities, as outlined in the Project Agreement and/or initial Client setup meetings are essential to the success of the project. In addition, the Client may be asked to complete other responsibilities that may be identified once the project begins. It is important that these are executed, and the Client’s acceptance of the Agency’s Terms and Conditions binds them to fulfilling these objectives in a timely fashion.
It is the sole responsibility of the Client to ensure that any intellectual property (artwork, code, etc.) that they provide is owned by them in accordance with prevalent intellectual property legislation. The Agency cannot be held responsible for any copyright violations or resulting fees due to assets provided by the Client. Likewise the Agency is responsible for any intellectual property it supplies.
Under prevalent copyright law the Agency retains ownership of the copyright in any original artwork created for the Client, although the Client shall be owner of the final product/implementation (e.g. website) once the final payment towards the project has been processed. The original artwork may not be reproduced without consent from the Agency. All code elements produced during the working relationship between Client and Agency shall be owned by the Agency and may be recycled in future projects (provided no client data is included in this recycling), although the actual product (website, web app, etc.) of that code is solely the Client’s, and the Agency will not reproduce the same final product elsewhere. The Client reserves the right to reuse, modify, transfer, or sell their product.
All sensitive information shared between the Client and the Agency, such as content, strategy, business models, account usernames and passwords, bank details etc. must be kept confidential between the Agency and the Client. This excludes information defined under the ‘PROMOTIONAL USE’ section of this agreement.
Changes to and requests for work that is in addition to the work agreed upon in the initial Project Estimate and Budget List will be invoiced and billed as separate work. Under no circumstances will requests for additional work that is beyond the initial agreed upon project scope be undertaken without modification to the Project Estimate/Project Agreement and Budget List, and the Project timeframe will be re-assessed by the Agency in light of any changes requested.
LIMITATION OF LIABILITY:
The Agency cannot be held liable for any consequential or special damages, such as profit losses.
The Agency may reproduce any design, artwork, or layout in promotional materials such as brochures, mailers, and websites, unless otherwise requested by the Client. The Agency may use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, and the marketing of the Agency enterprises, unless expressly requested not to do so by the Client. Where applicable, the Client will be given any necessary credit for usage of the project elements.
Accepting and submitting the Terms and Conditions laid out within this document or payment of the initial Project Deposit indicates authorisation by the Client to proceed with the Project as described in the Project Estimate/Project Agreement and Budget List. In doing so the Signatory is stating that they are a legally authorised representative of the Client, and the Client is committing to pay for all fees incurred in the production of this Project, together with their express and explicit agreement to the Terms and Conditions laid out within this document.
The Client will bear all expenses and reasonable legal fees (including but not limited to attorney/lawyer/advocate/solicitor’s fees) in any action brought to recover payment under the Project Agreement, or in which the Agency may become a party by reason of this Project Agreement.