Terms & Conditions For Business With Website DNA

Your access to and use of Website DNA web site (“the Web site”) is subject exclusively to these Terms and Conditions. You will not use the web site for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the web site you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the web site.

Advice

The contents of the Web site do not constitute advice and should not be relied upon in making or refraining from making, any decision.

Changes to website

Website DNA reserves the right to:

1. Change or remove (temporarily or permanently) the web site or any part of it without notice and you confirm that Website DNA shall not be liable to you for any such change or removal; and

Change these Terms and Conditions at any time, and your continued use of the Web site following any changes shall be deemed to be your acceptance of such change.

Links to third party web sites

The web site may include links to third party websites that are controlled and maintained by others. Any link to other web sites is not an endorsement of such web sites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

Copyright

1. All copyright, trade marks and all other intellectual property rights in the web site and its content (including without limitation the web site design, text, graphics and all software and source codes connected with the web site) are owned by or licenced by Website DNA (Website Designer) as permitted by law.

2. In accessing the web site you agree that you will access the content solely for your own commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
Disclaimers and limitation of liability

1. The web site is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

2. To the extent permitted by law, Website DNA will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the web site.

3. Website DNA makes no warranty that the functionality of the web site will be uninterrupted or error free, that defects will be corrected or that the web site or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Indemnity

You agree to indemnify and hold Website DNA and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Website DNA arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this web site.

Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

Promotion and Advertising of Work

Website DNA is allowed to publicise any work that it has carried out, either direct to a client or via a third-party, where no signed contractual agreement has been made specifing that this is not permitted. Website DNA will not misrepresent its own work or that of the clients or make any representations that are not valid.

Website DNA Services

All work carried out as part of Website DNA’s services remains the property of Website DNA until all the service provided have been paid for in full.

Website Design. Website DNA retains the right to withold its website design work if the full payment has not been received.

Internet Marketing (SEO, PPC, SEO Copywriting). Website DNA retains the right to stop providing the service where payment has not been received under the instructions of the original agreement as set out in the proposal, contract or agreement, for any of Website DNA’s services. For PPC Campaigns Website DNA has the right to suspend campaigns where payment is overdue by 7 days where a regular monthly payment has been in place. By making previous payments for the internet marketing services the clients accepts the Website DNA’s terms and conditions as set out here in the full terms and conditions.

Any receipts from Website DNA or those provided by a third-party (e.g. Google Adwords) for a service provided by Website DNA can be withheld where payment is outstanding for any service with the specified client.

Website Design Contracts

1. Authorization. The client is engaging Website DNA, 4 Town Farm Close, Thame, Oxon OX9 2DA, as an independent website designer for the specific project of developing a website to be installed on the client’s web hosted space. The client hereby authorizes Website DNA to access this account, and authorizes the web hosting service to provide Website DNA with authorization to access the website for this project. The client also authorizes Website DNA to publicise their completed website to search engines, as well as other web directories and indexes.

2. Website Project. Website DNA includes a combination of some or all of the following elements in their website design:

  • Design, Style, Appearance, Colour Composition and Page Layout.
  • Words of text.
  • Links.
  • Photography.
  • Installation of web page on the client’s web hosting service.
  • Minor updates and changes to existing web page for six months, subject to the limits outlined below.
  • Site optimized for major web search engines, such as Google and Bing.
  • E-mail response link.
  • Site Map page.

4. Maintenance and Hourly Rate. This agreement includes minor web page maintenance to regular web pages over a six-month period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the client or an agent other than Website DNA attempts updating the client’s pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the updating time. The six-month maintenance period commences upon the date the client signs this contract.

5. Changes to Submitted Text. Please send us your text. Time required to make substantive changes to client-submitted text after the web pages have been constructed will be additional.

6. Domain Name. Website DNA will use the domain name the client has specified.

7. Web Hosting. The client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows Website DNA full access to the website via FTP. Any fees incurred by Website DNA for the hosting must be paid by the client.

8. Completion Date. Website DNA and the client must work together to complete the website in a timely manner with a date agreed.

If the client does not supply Website DNA complete text and graphics content for all web pages contracted for within six weeks of the date this contract was signed, Website DNA is absolved from this clause and has the right to carry out no further work for the client. If the client has not submitted complete text and graphics content within two months after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is launched.

9. Payment of Fees. Fees to Website DNA are due and payable on the following schedule. For website design – 30% upon signing this contract, 70% when the web pages have been constructed according to the client’s original specifications and is payable prior to uploading of web site to hosting service. Advertising the pages to web search engines and updating occur only after the final payment is made. For search engine optimisation and internet marketing campaigns payment terms are agreed separate depending on the nature of the contract. All payments will be made in pound sterling.

10. Assignment of Project. Website DNA reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

11. Legal. Website DNA does not warrant that the functions contained in these web pages or the Internet website will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Website DNA be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Website DNA has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

12. Copyrights and Trademarks. The client represents to Website DNA and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Website DNA 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 Website DNA and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

13. Copyright to Web pages. Copyright to the finished assembled work of web pages produced by Website DNA is owned by Website DNA. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Website DNA and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.

14. Payment of fees. Website DNA reserves the right to remove web pages from websites designed by Website DNA, 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 agreement becomes effective only when signed by Website DNA. This contract is governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdication of the English courts.

15. Sole Agreement. The agreement contained in this “Website Design Contract” constitutes the sole agreement between Website DNA and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.
Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdication of the English courts.