Description of Services
Webcetera will design a website (the “Website”) for the Client by timely providing the design and programming services as quoted in a professional and timely manner. All programming and documentation shall comply with standards expected. The parties may at any time modify the scope of the Services by including desired changes in a written “change order” email that explains the changes and the adjustment to the payment of the Services that will result from changes.
Webcetera will provide the Services but reserves the right to sub contract parts of the project out to other service providers. This includes, but is not limited to, graphic design, specialist security and social media management.
The Services will be completed timely according to the scope of work agreed. Webcetera will begin the design services until the satisfactory completion thereof. Satisfactory completion means when the software and documentation developed for the Website performs to the specifications outlined within the scope of works.
In consideration for the Services, Client agrees to pay Webcetera in accordance with the proposal agreed. Payment terms are 50% on order with 50% at completion. Webcetera offer a monthly payment package, requiring a deposit and interim monthly invoicing until completion. Any variance to this payment clause is to be agreed with Webcetera in writing.
The Client will own all of its proprietary information as included in the Services as well as all source code, object code, screens, documentation, digital programming, operating instructions, design concepts, content, graphics, domain names, and characters. All Services provided by Webcetera, including systems, computer programs, operating instructions, unique design concepts, other documentation developed for or specifically relating to the Clients information processing, all of the Clients source documents, stored data and other information of any kind, including reports and notes prepared by Webcetera remains property of the Client. Such work may not be used by Webcetera for any other purpose except for the benefit of the Client.
Webcetera Ownership Rights and Grants of Licence
Notwithstanding any other provision of these Terms, the Services may include some programming code that Webcetera has previously developed for its own use. Webcetera expressly retains full ownership of such code, including all associated rights to use such code. However, Webcetera also grants the Client and its users a perpetual, non-exclusive licence to use the designers code at Webcetera sole discretion.
Webcetera will include the following copyright notice to be displayed on at least one of the Client website that can be viewed by a user “Designed by Webcetera; all rights reserved”
Webcetera will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Webcetera, or divulge, disclose, or communicate in any manner any information that is proprietary to the Client (e.g. trade secrets, know-how and confidential information). Webcetera will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Webcetera will return to the Client all records, notes, documentation and other items that were used, created, or controlled by Webcetera during the terms of the Agreement.
Webcetera acts as an independent contractor with respect to its relationship to the Client. Neither Webcetera nor Webcetera’ s employees or contractors are or shall be deemed for any purpose to be employees of the Client. The Client shall not be responsible to Webcetera, its employees or contractors, for any payroll or taxes related to the performance of the services.
Webcetera may use the names, trademarks, service marks, symbols or any abbreviations of the Client, including website screenshots within our Company Portfolio, without prior written consent of the Client.
Webcetera reserves the right to include Client reviews and testimonials on the website at its sole discretion.
Webcetera warrants to the Client that all software programming, web pages and materials delivered to the Client in connection with the services are free from defects in materials and faulty workmanship under normal use, and the website will operate properly with widely used web browsers.
Except as expressly set forth in these Terms, parties specifically disclaim any representations or warranties, express or implied, regarding the services, including any implied warranty or merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance.
Limitation of Liability
Under no circumstances shall Webcetera be liable to the Client or any third party for indirect, incidental, consequential, special or exemplary damages arising from any provision of the service such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery, or liabilities to third parties arising from any source.
While Webcetera will adhere to all best security practices, we accept no responsibility nor guarantee to remedy any sites which have previously been hacked or blacklisted.
Client acknowledges that Webcetera is not responsible for any and all backup, security, administration and health of data and files including hacking or blacklisting while website is being developed. Client remains responsible for the web project’s data status, regular backups, storage or datable health and security of any kind during and after contractual agreements are fulfilled.
Clients may cancel the order for services by giving Webcetera at least 14 business days’ written notice. In the event of such a cancellation, Client will be obligated to pay for services provided up to the date notification of cancellation was received by Webcetera.
If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining clauses shall remain in full force and effect and construed so as to be effectuate the original intent and purpose of these Terms.
These Terms and Conditions shall be construed in accordance with English Law and subject to the exclusive jurisdictions of the Courts of England and Wales.