Terms and Conditions
Please read these Terms and Conditions carefully as they will form a contract between us and you.
Your acceptance of which is agreed from the moment you sign our Website Agreement, Hosting Agreement or Support Agreement.
We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions however, please do not hesitate to contact us.
Terminology: You (‘the Client’) us (Music Web Design, and hereinafter referred to as ‘the Company’) Music Web Design is a subsiduary of THP Group. Invoicing and any other financial transactions will be managed by THP Group.
The Project: the body of work that is being undertaken, normally consisting of several connected parts, such as consultation, graphic design, website development and/or hosting
What do both parties agree to?
The Client agrees to:
i. Provide the Company, within a reasonable timescale, everything that is requested from you to complete the Project including text, images and other information.
ii. Provide the Company with text and images in the format as stated below (see photographs and images)
iii. Review the Company’s work, provide feedback, and signoff approval in a timely manner.
iv. Make every effort to adhere to all agreed deadlines.
v. Adhere to the payment schedule laid out in your project price quotation, or agreed separately for bespoke work.
vi. Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
vii. Provide a minimum of one months’ notice in writing and by email should you wish to cancel any contract.
The Company agrees to:
I. Carry out services in a professional and timely manner
II. Make every effort to adhere to any deadlines agreed between us and you.
III. Make the agreed number of revisions as per your project contract to the design, layout, colours etc., until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached.
Additional revisions or design work outside the scope of the agreed project will be charged separately at £15 per 30 minutes.
IV. Endeavour to complete requested website revisions or updates within 48 hours, wherever possible. Revision entitlement per month is dependent on your support package as per your signed project agreement. Revisions outside your signed agreement will be charged at £15 per 30 minutes.
V. Maintain up to date skills and knowledge through regular training and research.
VII. Website Development:
VIII. All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touchpads. However, the Company cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors.
IX. The Company cannot guarantee compatibility with old or redundant browser software.
Revisions made by the client:
i. Where the client requests and implements content revisions to their website, training will be provided in the first instance.
ii. Should the clients changes and input to their website result in site breakage, or other adverse reactions, then the Company will not be liable for related costs, neither can the recovery of site damage be guaranteed.
Payments and Contract Lengths:
i. Your payment schedules can be found in your project agreement or will be agreed separately for bespoke work by the Company to you in writing.
ii. The company has the right to charge the client up to 75% of the total web development costs, should the client cancel the website agreement after the design concepts have been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
iii. Once the site goes live any early cancellation of any standing order during the first 12 months will be deemed a break in contract. In this case you would be liable for the balance of the contract to be paid with immediate effect plus a £10 admin fee (The admin fee covers time taken to discover the cancellation, generating an invoice and posting)
iv. Should you be paying by monthly direct debit for hosting or /and support services and miss one month’s payment, the Company expects full payment for the month missed in addition to the following months payment on the next direct debit payment due date. Should non-payment by direct debit not be made for two months in succession, the Company reserves the right to place the website on hold and not accessible online until such time as full payment for the outstanding amounts has been received and cleared.
v. Alterations to standing order mandates to reflect new or changed contracts are the sole responsibility of the client. Overpayments to the Company as a result of not updating a standing order mandate will not be reimbursed to the Client. Underpayments or missed payments, however, shall be backdated to the point at which the underpayment or missed payment was discovered and the Client shall be responsible for bringing their account up to date within a minimum period of two months after which the Company reserves the right to take the web site off line until such time as all outstanding payments have been received and cleared
vi. Contract lengths are normally 12 months unless agreed beforehand between the Client and the Company. The Company requires a minimum 30 days’ notice to cancel a support or hosting contract.
vii. Content Management Systems:
viii. All packages will be developed using a Content Management System (CMS).
ix. In order to maintain compatibility between clients the company now use the WordPress Platform exclusively as our CMS of choice. Ecommerce stores and E Learning sites use different management systems depending on the scale and complexity of the Project.
x. However, in some instances, the company may build a bespoke solution, depending on the exact requirements of the Project.
xi. Any associated or additional fees, such as installation, setup, testing and introductory training pertaining to Content Management Systems or Ecommerce Management Systems will be covered and detailed within your project agreement.
xii. Photographs and Images:
xiii. Any images or photographs that you supply should be in digital format, usually no smaller than 1024×768 pixels, with a suitable resolution that will allow them to be resized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and retouching the images. This depends entirely on the project and the number of images involved.
xiv. Any images that the company are asked to obtain from third party photographers will be charged as an additional cost.
xv. The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend the Company and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
xvi. Evidence of ownership or permissions may be requested by the Company.
xvii. The Copyright:
xviii. After the initial 12 month period, copyright is automatically assigned as follows:
xix. The Client will own, or have express permission to use, the text files, images, graphics and any visual elements, video or sound bytes, that you may have sent to us to use in connection with the project.
xx. The company will maintain copies of all the files used in connection with your project and if you require an electronic copy of all the files used in connection with your project, then the company will be happy to supply this to you. Copies of the website files are maintained by us for a reasonable time (usually at least five years).
xxi. The copyright to the mark up, CSS files, other code that may have been used by us for you, or certain images that the company may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside. If you own the domain name, then you own the copyright.
xxii. At the bottom of the website page(s) after payment has been completed, usually it will say Copyright and the name of your business or company. The company do however reserve the right as the Company responsible for the design and/or development to place a small and unobtrusive link at the bottom of your website, thereby not hindering or distracting from your own website design.
xxiii. As the design company the company also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on other web sites, in magazine or e-zine articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you DO NOT want us to add your site to our portfolio of work.
xxv. To ensure superior levels of reliability and performance, all our clients websites are hosted on a high speed, state of the art managed dedicated server which utilizes a guaranteed minimum uptime service availability level of 99.99%. Details of the exact specification of our servers are freely available to all our clients and will be given upon request.
xxvii. The company will not be held liable for any missed launch date or deadline, if the Client has been late in supplying materials, or has not approved or signed off work on time, at any stage. The client will review the weekly project tracker on a weekly basis and revert within 12 hours should any revisions be advisable.
xxix. The Company adheres to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.
xxxi. A website will not launch until a standing order or BACS payment has been set up, unless special agreement has been reached in advance.
xxxii. Additional costs for extra features and/or additional design costs, not covered in your project pricing, will be agreed and invoiced before the website goes live.
xxxiii. If the Client does not respond to the Company’s request to discuss or choose ongoing support options, the client will automatically be placed on what the company feels is the most appropriate support package.
xxxiv. A small admin fee is payable for switching the client to another hosting provider.
xxxv. Hosting only clients, will be charged at our normal hourly rate of £30 for any further changes or updates to their website.
xxxvi. There may be an additional fee for any design changes requested after the initial agreed design has been signed off and not within the agreement time frame.
xxxvii. The Company is not responsible for writing or inputting any text copy unless this has been specified and agreed by the client.
xxxviii. If you are hosting the website elsewhere, the Company cannot guarantee that the website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc.
xxxix. If the website is to be hosted elsewhere, then you will still pay the same monthly fee as agreed.
xl. The company do not offer any technical support for any other web site hosting company that you may choose (if you elect not to host the website with us).
xli. The company cannot guarantee that the functions contained within any web page (or part of your website design), will always be error free, and therefore the company will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
xlii. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Just the same as a fine, you cannot transfer this contract to anyone else without our consent or permission.
xliii. This contract remains in force and need not be renewed.
xliv. Although the company have tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of English Law and Courts. Changes to these Terms and Conditions: THP Web Design reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to download or print from our webs