TERMS AND CONDITIONS
1. Definition of Terms
1.1 “The Client” means any person, company, partnership, organization or body at whose application, Jennifer Cornish Design agrees to provide the products and / or services under the terms of the agreement.
1.2 “Jennifer Cornish Design” is the primary service provider.
1.3 “The Agreement” means the contract between Jennifer Cornish Design and the Client to which these conditions will apply.
1.4 “Order” is the request by the Client for products and / or services in the agreement. It is deemed to be a written or verbal contract between Jennifer Cornish Design and the
Client; this includes telephone and email agreements.
1.5 “Deliverables” are the outputs of services to be supplied under the agreement and shall include but are not limited to, all software, digital and written material, including programs, tapes, listings and other programming documentation.
3. Web Design and Build
3.1 Domain names will be registered and / or administered on behalf of the Client by
Jennifer Cornish Design. The legal ownership of the domain names will remain with the
Client and we will require the appropriate owner details to complete the registration.
Jennifer Cornish Design cannot guarantee the availability of any specific domain names.
3.2 Whilst every endeavor will be made to ensure that the website and any scripts or
programs are free of errors, Jennifer Cornish Design cannot accept responsibility for any losses incurred due to malfunction of the website, or any part of it. The website, graphics
and any programming code remain the property of Jennifer Cornish Design until the full agreed payment has been made by the client. Additional premium plugin activation
belonging to Jennifer Cornish Design will remain during the duration of time site is
designed and managed by Jennifer Cornish Design. Activations will be removed if a new company is instructed to take over website in the furture. Jennifer Cornish Design is not responsible if alternative company can not manage how the website has been built and the softwares it has been built in.
3.3 Any additions to the brief will be carried out at the discretion of Jennifer Cornish
Design and where no charge is made by Jennifer Cornish Design for such additions, Jennifer Cornish Design accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
3.4 Jennifer Cornish Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
3.5 Jennifer Cornish Design will not be liable or become involved in any disputes between the site owner and their Clients and cannot be held responsible for any wrong doing on the part of the site owner.
3.6 Jennifer Cornish Design will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Client or any of the Clients
3.7 Jennifer Cornish Design will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material
provided by its agents.
3.8 Whilst Jennifer Cornish Design provides hosting facilities to host websites and e-mail, no guarantees can be made as to the availability or interruption of this service. Jennifer Cornish Design cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect,
consequential or special loss.
3.9 This agreement allows for initial design and build of websites. Once initial design is complete any further amends made to websites will be charged at the current hourly rates of £50 per hour.
3.10 The Client understands that Jennifer Cornish Design will provide domain name and hosting services in connection with this web design project. The Client understands that they are charged for the hosting services and domain name subscriptions on a renewal
basis every year / yearly subscription fee, or through an alternative payment plan.
3.11 Jennifer Cornish Design reserves the right to include a discrete ‘logo’ and/or link back to http://www.jennifercornish.co.uk from the Client’s website.
4.1 All material supplied by the Client shall remain the Client’s property. It will be assumed that this material belongs to the Client and that it does not breach any copyright laws.
4.2 Jennifer Cornish Design cannot take responsibility for any copyright infringements caused by materials submitted by the Client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
4.3 Jennifer Cornish Design reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
4.4 The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Jennifer Cornish Design for inclusion in the web design project 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 Jennifer Cornish Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
5.1 The named Client is engaging Jennifer Cornish Design, as an independent contractor for the specific purpose of designing and building websites and providing the agreed
5.2 The Client hereby authorizes Jennifer Cornish Design “full access” to any and all Client accounts in relation to the transfer of domain names and internet services for the purposes of providing the agreed services.
6.1 Jennifer Cornish Design hereby excludes itself, its Employees and or Agents from: – all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to Clients artwork/photos, supplied for the site, immaterial whether the loss or damage results from negligence or otherwise.
6.2 Jennifer Cornish Design are not responsible for actions resulting from unauthorized hacking into any web site or online database created by us, or from the misuse of any
content management system provided by us.
6.3 Jennifer Cornish Design are not responsible for maintaining and updating the legal website standards including GDPR regulations.
7.1 Jennifer Cornish Design will retain the copyright of any material, including the source code, created for the Client by Jennifer Cornish Design until the full agreed payment has been made by the client. To which copyright will be switched to client.
7.2 Rights to artwork, photos, graphics, source code and files that are not specifically
requested and designed under work for hire are not transferred to the Client, and remain the property of their respective owners. Jennifer Cornish Design and its subcontractors
retain the right to display graphics and other web design elements as examples of their work in their respective portfolios, marketing and website.
8. Search Engine Optimisation
8.1 Appropriate to the services agreed, the Client authorizes Jennifer Cornish Design to make appropriate changes to the Client’s website pages and to submit the Client’s web site to internet search engines, on-line directories and other internet marketing related
8.2 Search Engine Optimisation work is governed by many factors which are outside the direct control of Jennifer Cornish Design and indeed, any other such company. Jennifer
Cornish Design makes no guarantees to the position of the Client’s website in the search engine rankings as a result of search engine optimisation, submission and internet
marketing activities carried out by Jennifer Cornish Design or appropriate sub-contractors.
9.1 All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only used as
needed to perform this Agreement. Confidential Information shall not include any
information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without restriction on disclosure.
10.1 If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed
written, construed, and enforced as so limited.
11.1 This agreement shall be governed by and interpreted and enforced in accordance with the laws of the United Kingdom applicable therein without reference to rules governing choice of laws. You irrevocably consent to the jurisdiction of such courts.
12. Payment of Accounts
12.1 Final artwork will be transferred to Client upon cleared payment. Once a website has been designed and completed the final balance of payment is then due and payment must be cleared before launch.
12.2 A cancellation fee will be charged if the Client wishes to cancel the contract prior to completion. This fee will be based on the hours of work completed at that point, as well as any additional fees we have incurred to provide the services.
12.3 The price quoted to the Client is for the work agreed on the quotation only.
Should the Client decide that changes are required, as the site is developed, the cost of any additional work will be added to the price quoted and this will appear on the final invoice.
12.4 The Client will be asked to approve site plan, navigation, content and design at agreed stages. If, after such approval, the Client makes any changes to the website that affects the navigation of the site, the design or layout of individual pages Jennifer Cornish Design reserves the right to charge our time at the rate of £75 per hour.
12.5 Hosting services and domain names provided by Jennifer Cornish Design are charged on an on-going montly and yearly subscription basis. When a Client’s current hosting
service or domain name subscription is due to end, Jennifer Cornish Design will send out an invoice charging the Client for the following year’s hosting and domain name services.
12.6 If accounts are not settled or Jennifer Cornish Design have not been contacted
regarding a delay in payment for services provided, access to the related website and/or related internet services may be denied, website pages removed.
13 Notice and Late Payments
13.1 A notice period of one month is required on all contracts.
13.2 Failure to make payment of invoice will result in a 14 day notice period and therefore after that period interest will be charged at 20% of the outstanding. Outstanding invoices will result in your website being removed from online.
A digital review consists of reviewing your businesses website and social media platforms. Access to the back end of your platforms is essential to complete a digital review. We will review maximum 5 pages of your website both visually and functionally. Also reviewing 1 social media platform of your choosing to see how your posts are being engaged with and help you understand the data behind your posts. Following the review we would have a 30 minute 1-2-1 over a coffee if within the Newbury area or a call outside of those areas. Offer ends 5th Feb 2020. Demand for this service may determine when the review can be carried out. Offer can be removed at any time. Digital reviews can be declined by Jennifer Cornish Design.