The following terms and conditions apply to all website design/development services provided by Revolution Inc Limited to The Client.
- Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
- Charges
Charges for services to be provided by Revolution Inc Limited are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total on agreement to proceed. A second charge of fifty (50) percent is required upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to Revolution Inc Limited and sent to Revolution Inc Limited, 51 Clarkegrove Rd, Sheffield, S10 2NH. Bank details will be made available on invoices.
- Client Review
Revolution Inc Limited will provide the Client with an opportunity to review the appearance, functionality and content of the website during the design phase and once the overall website development is completed and supply a temporary URL for this purpose. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Revolution Inc Limited otherwise within ten (10) days of the date the materials are made available to the Client. Revolution Inc will not be liable for errors arising with the website, it is the Client’s responsibility to notify us of any technical issues and if these are discovered after the review period (10 days from materials being made available) accept that edits will be charged at our standard rates.
- Turnaround Time and Content Control
Revolution Inc Limited will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Revolution Inc Limited receiving initial payment, unless a delay is specifically requested by the Client and agreed by Revolution Inc Limited. During the project, Revolution Inc Limited will require the Client to provide website content; text, images, movies and sound files. If the client delays sending content over to we cannot be held responsible for any delays arising!
- Failure to provide required website content:
On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within two weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date yourself.
- Payment
Invoices will be provided by Revolution Inc Limited upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
- Additional Expenses
The Client agrees to reimburse Revolution Inc Limited for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
- Web Browsers
Revolution Inc Limited makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Revolution Inc Limited cannot guarantee correct functionality with all browser software across different operating systems.
Revolution Inc Limited cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Revolution Inc Limited reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
- Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Revolution Inc Limited’s Web space, Revolution Inc Limited will, at its discretion, remove all such material from its web space. Revolution Inc Limited is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Revolution Inc Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Revolution Inc Limited in enforcing these Terms and Conditions.
- Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
- Indemnity
All Revolution Inc Limited services may be used for lawful purposes only. You agree to indemnify and hold Revolution Inc Limited harmless from any claims resulting from your use of our service that damages you or any other party.
- Copyright
The Client retains the copyright to data, files and graphic logos provided by The Client, and grants Revolution Inc Limited the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Revolution Inc Limited permission and rights for use of the same and agrees to indemnify and hold harmless Revolution Inc Limited from any and all claims resulting from The Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by The Client to Revolution Inc Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Copyright of the completed web designs, images, pages, code and source files created by Revolution Inc Limited for the project shall be with The Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with Revolution Inc Limited.
These terms of use grant a non-exclusive limited license so that The Client can use the design on one website on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between The Client and Revolution Inc Limited.
The Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between The Client and Revolution Inc Limited.
The Client agrees that Revolution Inc Limited may include development credits and links within any code Revolution Inc Limited designs, builds or amends.
The Client agrees that Revolution Inc Limited reserves the right to include any work done for The Client in a portfolio of work.
The Client agrees to abide by the terms of any third party software or media included within any work done for the Client. Examples of this include, but are not limited to, Googlemaps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.
- Design Credit
A link to Revolution Inc Limited will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Revolution Inc Limited’s portfolio.
- Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on DVD or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Revolution Inc Limited to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
- Access Requirements
If the Client’s website is to be installed on a third-party server, Revolution Inc Limited must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- Post-Placement Alterations
Revolution Inc Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
- Domain Names
Revolution Inc Limited may purchase domain names on behalf of the Client. Revolution Inc Limited will manage payment and renewal of those domain names but it is the responsibility of the Client to ensure they pay any invoices relating to these promptly to ensure domains are continued to be held. The loss, cancellation or otherwise of the domain brought about by non or late payment, registrar errors, unauthorised registry deletion or hacking is not the responsibility of Revolution Inc Limited. The Client should keep a record of the due dates for domain renewal payment to ensure that payment is received in good time.
The domain name may be registered in the Client’s own name, with the address and contact details of Revolution Inc. The Client should be aware that a domain name is registered with a third party (e.g. Fasthosts, 123reg, 1and1) and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.
The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless Revolution Inc Limited from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.
The Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.
- General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature or payment of any advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online or by account is an acceptance of our terms and conditions.
- Governing Law
This Agreement shall be governed by English Law.
- Liability
Revolution Inc Limited hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
- Loss or damage incurred to the clients business arising from any domain registration errors. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Revolution Inc Limited to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
- Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid argument.