Terms and Conditions
The Terms and Conditions of Adult WebDesign
The Client: The company or individual requesting the services of Adult WebDesign
Primary designer/employees or affiliates.
General: Adult WebDesign will carry out work only where an agreement is provided either by email, telephone, mail or fax.
Adult WebDesign will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract or agreement between Adult WebDesign and the client, this includes telephone and email agreements. Nothing that is written, said or implied by any member of Adult WebDesign will supersede these Ts & Cs.
When entering into a contract as a consumer (not in the course of conducting business) the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013 (“the regulations) allow you to cancel the Contract at any time within 14 days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the 14 days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.
Website Design: Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Adult WebDesign cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it. The website, domain, graphics and any programming code remain the property of Adult WebDesign until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Adult WebDesign remain the copyright of Ker-ching Web Design Ltd and may only be commercially reproduced or resold with the written permission of Adult WebDesign.
- Adult WebDesign cannot take responsibility for any copyright infringements caused by materials submitted by the client or any other copyright infringements of any kind in any website.
- We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. If we pay for images to be added to your website we will invoice for the full cost of these images (or other paid for additions), unless these have been agreed in advance in writing or itemised as part of an invoice.
- Any additions to the invoiced work will be carried out at the sole discretion of Adult WebDesign and where no charge is made by Ker-ching Web Design Ltd for such additions, Adult WebDesign accepts no liability or responsibility to ensure such additions are completed, work satisfactorily, or are error free and reserve the right to charge an appropriate amount for any addition to, or correction of these or further additions.
- The invoice raised for work by Adult WebDesign is the standard by which any work will be judged and forms the basis of any contract. Any correspondence, written or electronic, or any verbal conversations outside of this are for information only.
- The client agrees to make available as soon as is reasonably possible to Adult WebDesign all materials required to complete the site to the agreed standard and within any agreed deadline.
- Adult WebDesign will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- Adult WebDesign will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
- Adult WebDesign 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 appointed agents.
- Adult WebDesign 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 itself or its agents and for any inability to complete a website design for whatever reason, including cancellation of a project by Adult WebDesign.
- We are Web Designers, not Developers. We use software and plugins in our website designs that have been developed by Developers. Many of the plugins are free, some require a fee or licencing, if there is a fee to pay for a plugin or software fore a project, or if a plugin or software needs developing the cost of this will be passed on to the client. This will be made clear to the client before the extra costs are incurred.
- A Deposit is of 50% of the project price is normally required for all website design projects with payment in full in 30 days from the date of the invoice.
- Startup and Self Build Websites need to be paid for at the time of ordering, as do other services such as Hosting or TrafficDriver.
- Deposits are non-refundable.
- We reserve the right to ask for a different level of deposit or for full payment in advance for any service.
Rental Websites: are paid for monthly, in advance and are for a minimum term of 6 months. Rental Websites: Rental websites are for a minimum term of 12 months. The rental price is fixed for the life of the website. If extra facilities/pages etc are needed for the rental website an increase of the monthly rental will be quoted. Rental websites can only be hosted using our website hosting service.
Rental websites can be purchased after 12 months rental has been paid for a sum equal to six months rental.
Re-sellers Websites: As these are a collaborative project between Adult WebDesign and the Re-seller, selling the services of Adult WebDesign we will jointly develop the design with you, sharing our copy and images where required and the copyright of these projects will be shared by Adult WebDesign and the Re-seller. The re-seller undertakes to sell website design services only for Adult WebDesign.
Cancellations/Refund Policy: If the client decides they no longer want the site, but they have commissioned the work and/or paid a deposit they are still obliged to pay for the work that has been done. We do not offer refunds of payments made, be they deposits or final payments. Deposits and other payments are non-refundable.We will, at our sole discretion, refund deposits if we cancel or pull out of a job for whatever reason.
Compatibility: Adult WebDesign will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the latest version of the web browsing software Microsoft Internet Explorer and to an acceptable level with other browsers.
Adult WebDesign can offer no guarantees of correct function with all browser software or devices.
Website Hosting: Whilst Adult WebDesign recommends hosting companies to host websites, and will make appropriate arrangements for website hosting; however no guarantees can be made as to the availability or interruption of this service. Adult WebDesign 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.
Adult WebDesign 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 free hosting service should the necessity arise. Website hosting fees must be paid when due to maintain your website on the web. Your website will be removed from our servers if hosting fees are not paid on time and domains will expire if the renewal fee is not paid on time – This will result in your website not appearing on the web and all mailboxes ceasing to function.
We are happy to provide a copy of your website files, these will be burnt to a disk and posted to you, we charge an admin fee of £20 for this service.
Payment of Accounts: It is the Adult WebDesign policy that any outstanding accounts for work carried out by Adult WebDesign or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice or upon publication of your website, whichever is sooner; unless by prior arrangement with Adult WebDesign.
For websites that are to be hosted on a clients’ server full payment must be received before the website can be uploaded. Some of our services require full payment in advance. The date that a payment is due will be indicated on our invoices.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email, letter and telephone to remind them of such payments if they are not received when due. If accounts are not settled or Ker-ching Web Design Ltd have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we may then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating. Following consistent non payment of an invoice we, or our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Informal procedure: Anyone who experiences a problem with their web service provided by Adult WebDesign should raise the matter directly to the web design team, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Adult WebDesign will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure: The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Adult WebDesign, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
Card Payments etc: Adult WebDesign respects the privacy of all its clients and will not divulge any information to any third party without the express permission of our Client. If you elect to pay any invoice by card we will not keep any card or financial information after the transaction has been completed. Any information received will be securely erased or shredded.