THESE ARE THE STANDARD TERMS AND CONDITIONS REFERRED TO IN THE FOREGOING
CONTRACT BETWEEN A GUY AND HIS DOG WEBSITE DESIGNS AND YOUR COMAPNY
1. DEFINITION OF TERMS
The Client - the entity which enters into a contract with A Guy and His
Dog Website Designs
Domain Name - the root address of a website, e.g. Www.webaddress.com.
All such names must be registered with the appropriate naming authority,
which will usually charge a fee.
Downtime - time when the website is not accessible via the Internet. This
may be because of a technical failure of the Host or because work is being
carried out on the site.
Host - the company on whose system the Website physically resides.
Link, Hyperlink - a 'clickable' link embedded on a web page which
may take the form of a graphic or text.
Search Engine - a website which contains a directory of websites on the
Internet enabling users to find websites by subject matter classification.
Website - a collection of web pages and associated code which forms an
Website Creation Fees
Website creation, may vary depending on needs. This has been negotiated
Domain Name Fees
Domain fee shall be charged on a yearly basis and are subject to change.
Written notice will be giving to the client at least 90 days prior to changing
for the next billing cycle.
Maintenance, if included in the contract, shall be on a yearly basis and
are subject to change. Written notice will be giving to the client at least
90 days prior to changing for the next billing cycle. Search engine re-submissions,
other than the original submission included in the contract fee, shall
be included in the maintenance fee.
A Guy and His Dog Website Designs can take no responsibility for services
provided by third parties through us or otherwise, including the Hosting
of the Client's Website, although A Guy and His Dog Website Designs
will endeavour to ensure that Website downtime is kept to a minimum.
Maintenance and Correction of Errors
A Guy and His Dog Website Designs takes no responsibility for the functionality
or maintenance (unless a maintenance contract is in place) of the Website
after the Work has been completed. Errors (both technical and typographical)
attributable to A Guy and His Dog Website Designs WILL be corrected free
of charge, but A Guy and His Dog Website Designs reserves the right to
charge a reasonable fee for correction of errors for which A Guy and His
Dog Website Designs is not responsible, including, but not limited to malicious
modification of the Website by a third party and typographical errors contained
in materials provided to A Guy and His Dog Website Designs BY the Client.
Extent of Work
Installation on the Internet is limited to the uploading of all necessary
files to the Host, and testing of functionality. No registration of the
Website with Search Engines will be undertaken unless otherwise agreed
with the Client.
Search Engine Listings
A Guy and His Dog Website Designs does not guarantee listings on Search
Engines and the Client accepts that it is Search Engines and not A Guy
and His Dog Website Designs who determine whom they list and whom they
will not. The Client further understands there is no guaranteed placement
or rank on the Search Engines and that a new website may never even appear
on Search Engines at all. A Guy and His Dog Website Designs does not control
Search Engines’ algorithms and huge shifts can appear daily, weekly
and even hourly.
4. COMPLETION OF WORK AND PAYMENT
Supply of Materials
The Client is to supply all materials and information required for A Guy
and His Dog Website Designs to complete the Work in accordance with the
agreed specification. Such materials may include, but are not limited to,
photographs, written-copy, logos and other printed materials. Where the
Client's failure to supply such materials leads to a delay in completion
of the work, A Guy and His Dog Website Designs has the right to extend
previously agreed deadlines for the completion of the Work by a reasonable
amount. Where the Client's failure to supply materials prevents progress
on the Work for more than 21 days, A Guy and His Dog Website Designs has
the right to invoice the Client for any part or parts of the Work already
Upon completion of 7 day review period, A Guy and His Dog Website Designs
will invoice the Client for payment Fee Payable hereof, which, in the absence
of agreement to the contrary, is to be paid by the Client within 21 days
of the date that the invoice was issued.
Remedies for Overdue Payment
If payment has not been received by the due date, A Guy and His Dog Website
Designs has the right to suspend ongoing work for Client, until such time
that full payment of the outstanding balance has been received. If full
payment has still not been received 21 days after the due date, A Guy and
His Dog Website Designs has the right to replace, modify or remove the
Website and revoke the Client's licence of the Work until full payment
has been received. By revoking the Client's licence of the Work or
removing the web site from the Internet, A Guy and His Dog Website Designs
does not remove the Client's obligation to pay any outstanding monies
5. INTELLECTUAL PROPERTY
Offers and Proposals
Offers and proposals made by A Guy and His Dog Website Designs to potential
clients should be treated as trade secrets and remain the property of A
Guy and His Dog Website Designs. Such offers and proposals or the information
contained within them must not be passed to third parties or publicly disseminated
without prior written authorization from A Guy and His Dog Website Designs.
This includes, but is not limited to, technical features, functionality,
aspects of the design and pricing information.
Warranty by Client as to Ownership of Intellectual Property Rights
The Client will obtain all the necessary permissions and authorities in
respect of the use of all copy, graphic images, registered company logos,
names and trademarks or any other material it supplies to A Guy and His
Dog Website Designs for inclusion on the Website. The conclusion of a contract
between A Guy and His Dog Website Designs and the Client shall be regarded
as a guarantee by the Client to A Guy and His Dog Website Designs that
all such permissions and authorities have been obtained and that the inclusion
of such material on the Website would not constitute a criminal offence
or civil delict. By agreeing to these terms and conditions, the Client
removes the legal responsibility of A Guy and His Dog Website Designs and
indemnifies the same from any claims or legal actions however related to
the content of the Client's site.
Any Domain Name obtained will belong to the Client. The Client agrees
to indemnify A Guy and His Dog Website Designs, including any incidental
costs, against any claims that a Domain Name applied for, or obtained,
violates the intellectual property rights of a third party. The Client
warrants that the domain name sought is not a trademark of a third party.
Any code that is not freely accessible to third parties and not in the
public domain, and to which A Guy and His Dog Website Designs or their
suppliers owns the copyright, may not be copied, published, distributed
or passed to any third parties in any form without prior written consent
from A Guy and His Dog Website Designs. Unless previously agreed otherwise
in writing, no modifications may be made by the Client or any third party
to code to which A Guy and His Dog Website Designs or their suppliers owns
the copyright. A Guy and His Dog Website Designs acknowledges the intellectual
property rights of the Client. Information passed in written form to A
Guy and His Dog Website Designs, and that the Client has indicated is confidential
or a trade secret, will not be published or made available in any other
way to third parties without the prior written consent of the Client.
6. RIGHTS AND RESPONSIBILITIES
Right to Terminate
A Guy and His Dog Website Designs reserves the right to refuse or break
a contract without prior notice, if it is believed that the Client, their
Website, or any material is illegal, immoral or otherwise unacceptable.
Events Beyond the Control of A Guy and His Dog Website Designs
A Guy and His Dog Website Designs will not be liable for breach of contract
where that breach was due to software, hardware or electrical failure,
natural events such as fire or other events beyond the control of A Guy
and His Dog Website Designs
Supply and Pricing of Services
A Guy and His Dog Website Designs reserves the right to use whoever it
feels appropriate at the time for third party software and services, and
to alter its prices as necessary without prior notice and without affecting
existing contractual pricing agreements.
Change of Terms and Conditions
These terms & conditions may change from time to time. The Client
will be informed of revisions as and when they are issued.