MLD Computing Limited Logo

Tel: 44 (0) 7828 125538
Web Design Specialists
Hertfordshire

Terms and Conditions of Business

Definitions

  1. 'Client' - person, persons, business or organisation engaging the services of MLD Computing Limited.
  2. 'Company'- refers to MLD Computing Limited.
  3. 'Content' - refers to text, images, documents and other resources contained within a web site.
  4. 'Domain' - refers to the textual name of the web site that the Client will specify.

Terms and Conditions

  1. These terms and conditions constitute the contract between the Company and the Client. Any variations must be agreed in writing.
  2. These terms and conditions do not affect the Client's statutory rights.
  3. The Client is engaging the Company as an independent contractor for the specific project of developing and/or improving a World Wide web site to be installed on the Client's web space location on an Independent Service Provider's (ISP) computer. The Client hereby authorises the Company to access this ISP account, and authorises the ISP to provide the Company with any necessary "write permission" for the Client's web page directory, cgi-bin directory and any other directories or programs that need to be accessed for this project. The Client also authorises the Company to publicise the completed web site to Web search engines, as well as other web directories and indexes.
  4. The Company represents and warrants to the Client that it has the experience and ability to perform the services required by this contract. the Client represents and warrants to the company that it will provide client materials as required in a timely manner, that it has the power to enter into this Agreement and that its performance of this contract shall not infringe upon or violate the rights of any third party or violate any law of the United Kingdom.
  5. The starter web site development service is as follows:
    • Free Initial planning and development consultation. This may be by phone, email and/or face to face.
    • Up to six web pages – for example, a homepage, map and directions page, about us page, contact page, products page and products detail page.
    • Final text shall be supplied by the Client. Web pages with more than 2000 words of text may be subject to additional fees for increased formatting time.
    • Up to an average of 5 external links per page and an e-mail response link on each Web page to any e-mail address the Client designates.
    • Custom graphics. Company logo or other top-of-page graphic, bullet, lines, coloured or textured background as well as two photos or graphics per page.
    • Installation of Web pages on the Client’s ISP host computer.
    • A maximum of two revisions to the draft web site will be included at no extra cost to create the look and feel that is desired. Further revisions will be billed at the normal hourly rate of £25.00.
    • Minor updates and changes to existing Web pages for two weeks from completion of web site (includes up to half-hour per page total, subject to the limits outlined below).
    • Initial registration to Google and Bing and any other major search sites that allow free registration up to a maximum of 5 such sites.
  6. The intermediate web site development service is as follows:
    • All the features described in section 5 for the standard web site service.
    • Up to ten web pages.
  7. The premium web site development service is as follows:
    • All the features described in section 6 for the intermediate web site service.
    • Up to twenty web pages.
    • One web form of up to 20 fields that when submitted will email all the user input to an email address specified by the user.
  8. None of the web site packages include animations or e-commerce capability. These items may be quoted for separately, subject to the Clients exact requirements.
  9. If the Client requires additional web pages over and above the maximum number specified in the web design packages specified in sections 6,7 and 8, the Client agrees to pay the Company £25.00 for each additional Web page.
  10. Work will not commence on behalf of a client until a signed copy of the contract is received by the Company. Unless otherwise specified the Company will be authorised to start work immediately on the Client's behalf.
  11. This Contract does not include a maintenance contract. Web page maintenance will be the responsibility of the Client. If a maintenance service agreement is entered into between the Company and the Client, it will be contained within its own document and not connected to this Contract. However, this Contract does include minor modifications and corrections requested within a two-week period up to an average of one hour per page, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the Client or an agent other than the Company attempts to update the Client’s pages during this time, time to repair the Web pages will be assessed at the hourly rate of £25.00, and is not included as part of the modification time.
  12. The following standard Payment terms apply. In the case of the intermediate and premium web design services, a minimum deposit of fifty percent (50%) of the design cost and the total amount of the domain registration and first years hosting is required. In the case of the starter service only the amount to cover domain registration and first years hosting is required. The site will then be put online on a draft directory of the Client's ISP or of the Company's for the Clients’s viewing. During this proofing stage, typographical errors, design changes, and other corrections will be made according to the instructions of the Client. Payment for the site must be made in full before the site will be moved to the main directory of the Clients’s ISP. Marketing of the site in the top ten search engines and directories will occur only after the final payment is made.
  13. The Company will only accept payment via cheque or BACS transfer.
  14. The Company and the Client must work together to complete the website in a timely manner. Much of this depends on receiving the appropriate images and text from the Client. The Company will use its best endeavours to complete the web site within 30 days of a signed contract from the Client. Unless specified by the Client time is not of the essence.
  15. The Client represents to the Company and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in Web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Company and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
  16. Other than ensuring that the website functions on the Client's chosen host the Company will have no responsibility for this site or hosting company or their servers, including but not limited to performance, domain or contract expiration and site availability.
  17. The Client hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel. The Client hereby agrees to indemnify and hold harmless the Company from any claim resulting from Clients’s publication of material or use of those materials. The Client hereby agrees to indemnify and hold harmless the Company in any claim resulting from the submission of illegal materials.
  18. The Client may select that the Company includes a byline and link on the bottom of their Web Page establishing authorship credit. This byline is upon agreement by both the Client and the Company and must be removed at any time upon written request by the Company.
  19. In the event that work is postponed or cancelled at the request of the Client by registered letter, the Company shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Contract. If additional payment is due, this shall be payable within thirty days of the Client’s notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by the Company and the Company shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
  20. If the Client applies by a registered letter for a refund within 15 days of signing this Contract, work already completed shall be billed at the hourly rate of £25.00 and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, the Client shall be liable to pay for all work completed at the hourly rate of £25.00.
  21. In order for the Company to remain in business, payments must be made promptly. Invoices are due upon receipt. Delinquent bills will be assessed a £10.00 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. The company reserves the right to remove Web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees incurred by that process. This Contract becomes effective only when signed by the Company.

Applicable Law

  1. These terms and conditions are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
  2. If any provision in these terms and conditions or any associated terms and conditions, are found to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of any other terms shall not be affected.
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