- A ‘Project’ is any work undertaken or service provided by Benchmark Web Design for the Client on their request and as described in our confirmation order email to that Client.
- A ‘Client’ is a person, persons, business or organisation using any of the services provided by Benchmark Web Design.
- ‘Live Mode’ means the date the website is available on the Client’s chosen domain.
- ‘Domain’ is the website address as specified by the Client.
- ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
- ‘Hosting’ is a yearly cost to keep a clients website activated online.
- ‘Content’ is both text and images that the Client requires on the website.
- ‘MB’ stands for megabytes and is a measure of storage space.
- ‘Initiation phase’ is the initial period where the client requirement and information gathering is taking place. This generally last 7 days from the date of deposit.
- ‘Active phase’ when the project is actively being worked on by experienced designers and developers.
- ‘Release phase’ is the final stage when the project has been deployed in the LIVE environment, Free 30 days support is given from the date of deployment.
Terms & Conditions
- The contract between Benchmark Web Design and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
- The works to be carried out shall be as set out in the Benchmark Web Design confirmation order email.
- Email will be the method of contact with regard to all communication. Although Benchmark Web Design can be contacted by telephone, we will use email as our method of communication and therefore it is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. Benchmark Web Design can not be held liable in any way relating to communication issues if we are not supplied with a valid email address. Benchmark Web Design will acknowledge all emails within 3 working days.
- Benchmark Web Design will only commence work on a Project after receipt of a non refundable, deposit of the quoted Project fee from the Client. Payment Terms may differ from project to project and these should be made clear to the Client in the Proposal document. The project will be switched to Live Mode once the remaining balance is paid in full. Change requests may be applied only where there is prior request and approval.
- The deposit paid to Benchmark Web Design covers the cost of design work carried out as well as any admin work and communication with Benchmark Web Design. The deposit is non refundable.
- Benchmark Web Design shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
- It is important for the Client to keep in contact with Benchmark Web Design throughout the entire Project. If a Client does not make contact for 1 week we will make up to 5 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded.
- Where images used on the website have been purchased by Benchmark Web Design on behalf of the Client, these images are strictly for use on the website only. Benchmark Web Design are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations
- Benchmark Web Design will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Benchmark Web Design will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control
- Benchmark Web Design cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by Benchmark Web Design.
- Where asked to provide search engine optimisation for a Client, Benchmark Web Design do not guarantee any specific placement or high ranking on search engines.
- Benchmark Web Design will provide the Client with an expected completion date for the Project (live on the internet) if requested. Benchmark Web Design will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Benchmark Web Design is purely an estimate
- It is the Client’s responsibility to check with Benchmark Web Design whether Open Source Software is being used or not.
- The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Benchmark Web Design or the Client.
- Benchmark Web Design own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by Benchmark Web Design for the Client, unless the images have been supplied by the Client. Images purchased by Benchmark Web Design are licensed only for use on the client website, costs for procurement will be paid by the client.
- All images displayed on the Client’s website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Benchmark Web Design, they will be the sole responsibility of the Client.
- Domain names may be registered by Benchmark Web Design and also registered to the Benchmark Web Design current address. Although the domain names are registered to Benchmark Web Design, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Benchmark Web Design will do this within a reasonable timeframe.
- It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Benchmark Web Design can not be held liable for this. However, Benchmark Web Design will make reasonable effort to contact the Client regarding domain renewal.
- Benchmark Web Design shall be entitled to place an unobtrusive credit with a hypertext link in the footer of the web site.
- All hosting offered by Benchmark Web Design is limited to 200mb of website space unless otherwise stated in a separate contract. If your site requires more than 200mb of space we will advise of other hosting solutions and then cease hosting the site.
- When a Client renews Hosting with Benchmark Web Design, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Benchmark Web Design can not be held liable for this.
- Renewal of Hosting is due on an annual basis. The date of renewal will be annually from the date the website was ordered by the Client. The Hosting will not be renewed if Benchmark Web Design cannot contact the Client or the Client requests for Benchmark Web Design to not host this site. This will also affect the domain as per item 22.
- The Hosting renewal charge must be received within 10 days of the Hosting expiry date. Benchmark Web Design reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Benchmark Web Design for reactivating the website/Hosting.
- If the Client does not use Benchmark Web Design Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
- Should a Client wish to move Hosting away from Benchmark Web Design or transfer a Domain name away from Benchmark Web Design, a $50 admin charge will be issued, which must be paid before the transfer takes place.
- Benchmark Web Design has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client’s web sites constitute Benchmark Web Design endorsement, or approval of the website or the material contained within the website. Benchmark Web Design has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. Benchmark Web Design provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
- Benchmark Web Design are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.
- If a Domain name is purchased by the Client through a company other than Benchmark Web Design, the Client has full responsibility in making sure that the domain name is renewed when due. Benchmark Web Design will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Benchmark Web Design.
- Benchmark Web Design makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Updated June 30, 2018
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