Our Agreement
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 integrated presence.
2. FEES
2.1
Website Creation Fees
Website creation, may vary depending on needs. This has been negotiated each client.
2.2
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.
2.3
Maintenance Fees
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.
3. DISCLAIMERS
3.1
Third Parties
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.
3.2
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.
3.3
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.
3.6
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
4.1
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 completed.
4.2
Payment
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.
4.3
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 owing.
5. INTELLECTUAL PROPERTY
5.1
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.
5.2
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.
5.3
Domain Name
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.
5.4
Trade Secrets
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
6.1
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.
6.2
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
6.3
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.
7. INTERPRETATION
7.2
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.