Terms

PAYMENTS

  1. The Client agrees to make all payments to us within 2 working days of receiving a written request to make the payment. This helps to prevent delays with the project.
  2. In cases where Web Design Mersey and The Client agree a structured payment plan for the project, it is on the strict condition that the first payment is received at the outset of the contract, and the final payment is received when the project is 75% completed. The Client agrees that they will solely go by our judgement of when the project is 75% complete.
  3. Any and all additional services ordered via the Design Brief will be fully paid for within 2 working days of the Design Brief being submitted back to Web Design Mersey unless otherwise agreed with your Project Manager.
  4. All payments will be made by Bank Transfer. Payments by all other means, such as PayPal are subject to an additional fee of £250 per payment.
  5. All outstanding fees become due if the Client cancels, ends or does not continue with the project.
  6. The Client authorises that we can, at our own discretion, take payment of outstanding and due fees whenever we see fit.
  7. The Client agrees that, unless agreed in writing with the Project Manager, the full payment becomes due after we have waited for a Design Brief for more than 14 days or any other piece of information that is needed for us to provide the service, for more than 7 days.
  8. Any and all special offers and discounts received by The Client are provided on the strict condition that all payments are made within 2 days of request as per clause 1. The discount/offer will be removed, and The Client will be liable for the full price if this clause is breached.

RESTRICTIONS

  1. Unless otherwise agreed in writing, our quote for the web design project does not include adding any of the following to the project website; blog posts, blog categories, blog tags or anything else within the websites blog, shop categories, shop tags, shop products or anything else within the websites shop, and testimonials.
  2. Our Client agrees that we will not include anything within the project that could damage the reputation of our company.
  3. The Client agrees that they will not add anything within the completed project, or any other website, that could damage the reputation of our company.

WEBSITE HOSTING

  1. All website packages include our Standard Web Hosting service for 12 months, unless otherwise specified in writing by your Project Manager. Our Standard Web Hosting service sees your website backed up every 2 weeks which ensures all changes are saved, meaning you can rely on being able to restore progress and updates.
  2. The Client agrees, by accepting the 12-month free hosting, to host the project website with Web Design Mersey for a minimum of 5 further years. As of 3 April 2018, the standard rate is £150 per quarter, which if paid annually is priced at £550 per annum. We resolve to increase the annual charge by no more than 10% per annum for the duration of this contract & in the event this is exceeded the 5-year agreement becomes void.
  3. The Client accepts responsibility to make payment for the quarter/annual renewal no less than 30 days prior to the agreed hosting term expires. Web Design Mersey will inform the client 60 days prior to expiration. Failure to make payment 30 days prior to expiration will incur a £100 late payment fee.
  4. Web Design Mersey reserve the right to withdraw hosting, and therefore take offline both the website and email service, if payment is not received prior to the hosting term expiration date. This will incur an additional £375 fee – plus a penalty charge of £200 each month thereafter.
  5. The Client accepts responsibility for all associated hosting fees – unless Web Design Mersey receive notification of cancellation IN WRITING and receive at least 30 days’ notice.
  6. All web design quotes provided are conditional on the project website being hosted by Web Design Mersey, unless otherwise agreed with a Senior Project Manager in writing. A standard fee of £3,000 applies if the Client elects to host the project website elsewhere without prior agreement.

ADD-ON SERVICES

Clients can order additional ‘add-on’ services, or upgrades to their website design package. We will always provide an additional quote for these services. However, below are the costs of several services which will apply unless agreed otherwise with your Project Manager in writing:

  1. Additional contact style forms will be charged at £225 each
  2. A charge of £55 will apply for each invoice issued to the Client.
  3. Clients will be charged an additional minimum of £140 for each image. Our team will provide what we believe are suitable images for their website if they are not provided on the Design Brief. These images will be sourced from stock image websites. An additional charge of from £225 will be charged for our team to alter these images.
  4. Additional information style pages which are not included within the web design package will cost £250 per page.

PROJECT LENGTH

  1. Web Design Mersey will always provide an estimate for the length of time it will take to complete a project. This estimated timeframe starts the working day after the Design Brief is received by us and is based on the Brief being completed in full and all requests for additional information being actioned by The Client no later than the following working day.
  2. The Client agrees that the project time frame is an estimate only and in some cases a project may exceed this estimate.

CHANGES

  1. When Web Design Mersey have completed the whole project website, the Client is only permitted to request changes to the website via our standard “Change Request Form”. This form allows for up to 8 changes to be requested.
  • The cost for these changes is £900 on projects costing under £4000.
  • Projects costing between £4001 – £9999 will receive 1 round of changes for free.
  • Projects costing £10000 and above will receive 3 rounds of changes for free.
  • All other rounds of changes will incur a £900 fee.
  1. Web Design Mersey are only obligated to undertake changes requested that allow us to work within the scope of the previously agreed website design project.

PROJECT COMPLETION

  1. The website project is deemed as complete when our Client has informed us that they are ready for the website to be moved on to their own domain. At this point, we will no longer be obligated to undertake any further work on the website unless previously agreed in writing with a Project Manager
  2. If a Client chooses to host the project website away from us, it will be delivered to the Client in a zip folder via a download link. The download link will only stay active for 24 hours. The site files will be a direct copy of the site the Client approved (on design.cab), it will solely be the Clients responsibility to change any URLs from ‘design.cab’ et al to the Clients own domains URL. Additionally, it will be the Clients own responsibility to undertake all aspects of setting up the project website on their domain/hosting.

CREDITS

Web Design Mersey reserve the right to be properly credited for our work, therefore the Client agrees;

  1. We can, at our own discretion, add an additional page on to the project website. This page will be used as a credit, to say that we have created the website. The Client agrees that we can add up to 1000 of our own words and 6 images on this page.
  2. We can, at our own discretion, add a credit in the footer of every page on the website. For example, it could say: “Web Design by” followed by our company name and/or website address. This will link to the additional page mentioned above.
  3. The Client agrees to pay a fee to us of £25,000 for removing or changing any of our credits, whether in full or in part without prior written agreement from us.

SUPPORT

  1. Support is only available for websites that we host on our own server. If a Clients website is not hosted by Web Design Mersey we are not obligated to provide any support whatsoever.

CANCELLATION

  1. Under “The Consumer Contracts Act 2013” (CCA) the Client may have a right to cancel our contract within 14 days by sending an email to cancellations@webdesignmersey.co.uk
  2. We will only work with Clients who cooperate with our team in building their website/completing the project. If a customer does not reply to our emails/phone calls for 4 consecutive weeks, or fails to provide something to us for 4 consecutive weeks we reserve the right to stop working on the project. The Client will still be liable to pay the full agreed cost of the project.
  3. The Client has a right to cancel the Contract for whatever reason they see fit, however the Client agrees that they will pay the full project amount to us.

INTEREST AND COMPENSATION

We reserve the right to claim interest, compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 and it is agreed that the term implied by that Act shall apply after any judgment as well as before. Any reference to the Late Payment of Commercial Debts (Interest) Act 1998 is also a reference to any amendment, modification or re-enactment of it. If for any reason the Late Payment of Commercial Debts (Interest) Act 1998 does not apply interest shall be payable on overdue amounts at 8% over the Bank of England Base Rate from time to time.

COST UNDER CONTRACT

Without prejudice to our right to claim costs under the Late Payment of Commercial Debts (Interest) Act 1998, if for any reason any payment is not made when due we reserve the right to be paid on an indemnity basis any costs we incur in recovering any money due under this contract (and the costs of recovering such costs) including our administrative costs and any costs incurred with lawyers or debt collection agencies. Our administrative costs may include the cost of employing the staff concerned and the overheads attributable to them for the time spent. In calculating our administrative costs credit will be given for any compensation due under the Late Payment of Commercial Debts (Interest) Act 1998.

FIXED COSTS

If proceedings are issued a minimum contribution of £900 (in addition to the fixed costs of issue) will be claimed towards any costs incurred with lawyers

THE WHOLE AGREEMENT

These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.

SUPPORT & MAINTENANCE PACKAGES

There is to be a minimum of 5 hours work per support request.

A minimum ongoing commitment of 6 months applies to all packages.

Although we will always aim to complete requested work ASAP, the customer agrees it can take up to 7 days to action change requests.

The Client agrees that all support requests should be submitted by email.

The Client agrees that they will clearly explain what work they require to be completed and agree that all follow up email we send, or phone calls we make, to gather further information or clarification will be taken from the hours available within the monthly support package

Additional hours will be billed at a rate of £125 per hour.

THE LAW

For the purposes of these terms & conditions the laws governing England & Wales will apply. These laws also govern your use of the project website. Web Design Mersey are based in England and will therefore control and host the site from there, meaning wherever the website is used or accessed in the world, the laws of England & Wales will still apply, superseding local laws.

Web Design Mersey reserve the right, if necessary, to take you to court in your home country or country of residence.

FREE GIFT WITH YOUR ORDER

The client’s choice of gift will be delivered within 7 days of the website design project being fully finished and on the strict condition that the client has made all payments within 2 days of Web Design Mersey first requesting payment as per the Payment Clauses 1 & 8.