Terms & Conditions
By placing an order with Annemarie Parsons, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions:
Serene web Design (Annemarie Parsons): Primary designer/site owner.
The Client : The company or individual requesting the services of Serene Web Design.
Site content: Website text, images, links and website code
General
Serene Web Design will carry out work only where an agreement is provided either by email, telephone or mail. Serene Web Design 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 between Serene Web Design and the client; this includes telephone and email agreements.
Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Serene Web Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Serene Web Design until all outstanding accounts are paid in full.
Any scripts, or software (unless specifically agreed) written by Serene Web Design remain the copyright of Serene Web Design and may only be commercially reproduced or resold with the permission of Serene Web Design.
Serene Web Design cannot take responsibility for any copyright infringements caused by site content submitted by the client. We reserve the right to refuse any site content of a copyrighted nature unless adequate proof is given of permission to use such content.
Any additions to the web design proposal will be carried out at the discretion of Serene Web Design and where no charge is made by Serene Web Design for such additions, Serene Web 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.
The client agrees to make available all site content required to complete the site to the agreed standard and within the set deadline. As agreed in the project proposal.
Serene Web Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Serene Web 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 wrongdoing on the part of a site owner.
Serene Web 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 appointed agents.
Serene Web 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 site content provided by its agents.
A deposit of 10% is required with all projects before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Serene Web Design cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts or software (unless specifically agreed) written by Serene Web Design remain the copyright of Serene Web Design and may only be commercially reproduced or resold with the permission of Serene Web Design.
Where applications or sites are developed on servers not recommended by Serene Web Design, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Serene Web Design before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Serene Web Design will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the project proposal.
Compatibility
Serene Web Design 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 web browsing software Microsoft Internet Explorer Version 7 and above and to an acceptable level with Mozilla Firefox browsers. Serene Web Design can offer no guarantees of correct function with all other browser software.
Website Hosting
Whilst Serene Web Design recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Serene Web 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.
Serene Web Design reserves the right to refuse to handle in any way, site content which may be deemed offensive, illegal or in any way controversial.
Pricing
Projects are billed hourly or by the project, depending on the scope of the work. Specific fees and payment terms will be detailed in your project proposal.
Payment of Accounts
A 10% deposit is required from any new client before any work is carried out. It is the policy of Serene Web Design that any outstanding accounts for work carried out by Serene Web Design or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement has been made with Serene Web Design. A 5% monthly service charge is payable on all invoices over 45 days. Fees are non-refundable.
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 and telephone to remind them of such payments if they are not received when due.
No cheque payments accepted.
Client assumes responsibility for all collection of legal fees necessitated by default in payment. I may request a progressive payment option at my discretion which will be expressed in the project proposal (for example: invoicing 1/2 of the estimated project fees before work begins and 1/2 due at project completion).
If accounts are not settled or Serene Web Design have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will 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 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.
Termination of contract
If you choose to terminate your contract, Serene Web Design will invoice for any work carried out plus any expenses and handling charges incurred to that time. Termination charges for work done will include up to 100% of the outstanding balance.
Serene Web Design reserves the right to cancel your contract at any time without prior written notice of such upon finding that any of the terms and conditions set out herein this document or any subsequent revisions thereof have been broken.