Domain Name Registration
The following terms and conditions apply to all website development / design services provided by Cherished.net to the Client.
1. AcceptanceIf a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. ChargesCharges for services to be provided by Cherished.net are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Cherished.net reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server.
Payment for services is due by cheque or bank transfer. Bank details will be made available on invoices.
3. Client ReviewCherished.net will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Cherished.net otherwise within ten (10) days of the date the materials are made available to the Client.
4. Domain Name Registration and RenewalsWe can register domain names on behalf of the Client. Please refer to our Domain Name Registration policy.
5. PaymentInvoices will be provided by Cherished.net upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of two percent (2%) per month of the total amount due.
6. Additional ExpensesThe Client agrees to reimburse Cherished.net for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
7. Web Browsers / DevicesCherished.net makes every effort to ensure websites are designed to be viewed by the majority of visitors (including mobile devices). Websites are designed to work with the most popular current browsers / devices (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, Safari, iPhone, iPad, Samsung Galaxy etc.). Client agrees that Cherished.net cannot guarantee correct functionality with all browser software across different operating systems.
Cherished.net cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Cherished.net reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser / device software.
8. DefaultAccounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Cherished.net's Web space, Cherished.net will, at its discretion, remove all such material from its web space. Cherished.net is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Cherished.net reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Cherished.net in enforcing these Terms and Conditions.
8. TerminationTermination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
9. IndemnityAll Cherished.net services may be used for lawful purposes only. You agree to indemnify and hold Cherished.net harmless from any claims resulting from your use of our service that damages you or any other party.
10. CopyrightThe Client retains the copyright to data, files and graphic logos provided by the Client, and grants Cherished.net the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Cherished.net permission and rights for use of the same and agrees to indemnify and hold harmless Cherished.net from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Cherished.net that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
11. Standard Media DeliveryUnless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Cherished.net to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
12. Design CreditA link to Cherished.net will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Cherished.net's portfolio.
13. Access RequirementsIf the Client's website is to be installed on a third-party server, Cherished.net must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
14. Post-Placement AlterationsWombat Creative Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
15. GeneralThese Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
16. Governing LawThis Agreement shall be governed by English Law.
17. LiabilityCherished.net hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Cherished.net to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
18. Customer ComplaintsIf a Client has cause to complain about any part of the services provided by Cherished.net they should email firstname.lastname@example.org giving full details of the complaint. The Client can expect a response withing 5 working days. If the Client is not happy with the response received they should write to The Manager, Cherished.net, 40 High Street, Belbroughton, Stourbridge, DY9 9SU.
19. SeverabilityIn the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone.
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