Terms & Conditions of BusinessThese terms and conditions apply to all commissions. All services provided by Whitefin Web Design to the Client are subject to the following terms and conditions. 1. Acceptance. A copy of these terms and conditions must be signed by all new Clients at the time of submission of work to Whitefin Web Design, indicating agreement to and acceptance of these Terms and Conditions. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions. A copy of these terms and conditions is available via our website. 2. Charges. Charges for services to be provided by Whitefin Web Design are defined in the project proposal that the Client receives via e-mail or post. Proposals are valid for a period of 30 days. Whitefin Web Design reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty 50 percent of the project development proposal total before the work is supplied to the Client for review. The remaining fifty 50 percent of the proposed development total will be due upon completion of the work prior to upload to the server or release of materials. Charges for web design work does not cover the release of source ai, psd, pdd, png or fla files; if the Client requires these files, they will be subject to a separate quotation. Cheques should be made payable to Whitefin Web Design and sent to The Flint Research Institute, 132 Heathfield Road, Keston, Kent BR2 6BA. Bank details are shown on our invoices. 3. Client Review. Whitefin Web Design will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Whitefin Web Design otherwise within fourteen days of the date the materials are made available to the Client. 4. Turnaround Time and Content Control. Whitefin Web Design will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with the Client upon Whitefin Web Design receiving initial payment, unless a delay is specifically requested by the Client and agreed by Whitefin Web Design. Whitefin Web Design will require the Client to provide website content; text, images, movies and sound files. If content is not provided within four weeks of an official request by email or post then Whitefin Web Design reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight weeks from the original email request then the Client is considered to be in default of the commission, the project will be terminated and the Client sent the final invoice for immediate payment. Whitefin Web Design will agree, at its discretion, to recommence the commission after agreement is reached on a new quotation document and once the original fees have been paid. 5. Payment. Invoices will be provided by Whitefin Web Design upon completion of the work for Web Design and any associated services. Invoices are sent via email or by post. Invoices are due within 5 days of receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will have a service charge added of either one and a half percent (1.5%) or £30 per month of the total amount due, whichever is the higher. 6. Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Whitefin Web Design’s Web space, Whitefin Web Design will, at its discretion, remove all such material from its web space. Whitefin Web Design is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges. Cheques returned for insufficient funds will also incur a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Whitefin Web Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Whitefin Web Design in enforcing these Terms and Conditions. 7. Termination. Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days. 8. Copyright.The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Whitefin Web Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Whitefin Web Design permission and rights for use of the same and agrees to indemnify and hold harmless Whitefin Web Design from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Whitefin Web Design that all such permissions and authorities have been obtained. 9. Standard Media Delivery. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png format. Although every reasonable attempt shall be made by Whitefin Web Design to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed. All text provided by the client may be subject to a charge for conversion to electronic format. 10. Design Credit. A link to Whitefin Web Design may 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. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. 11. Access Requirements. If the Client's website is to be installed on a third-party server, Whitefin Web Design must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server. The initial deposit will be 70% of the overall development fee if the client specifies a third party server which is outside of any account controlled by Whitefin Web Design. 12. Post-Placement Alterations. Whitefin Web Design cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. 13. Domain Names. Whitefin Web Design may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Whitefin Web Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. 14. External Changes. Whitefin Web Design makes every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after completion of the website. It is the responsibilty of the client to notify Whitefin Web Design of any display problems after completion of the website. 14. General. These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature on the proposal form, or payment of an advance fee, constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions. 15. Governing Law. This Agreement shall be governed by English Law. 16. Liability. Whitefin Web Design hereby excludes itself, its Employees and or Agents from all and any liability from: The entire liability of Whitefin Web Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen. 17. Severability. In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
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