All work is carried out by V35 Ltd & its staff [hereafter ‘V35’] on the understanding that the client has agreed to these terms and conditions.
Design
The ‘design’ of a website in this document refers to the aesthetic representation of the website, including any images used that were created by V35, CSS style sheets, and static HTML content as seen by browsers. Copyright is retained by V35 on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. Any websites designed by V35 remains the property of V35 after payment has been made, however, once payment has been made, a licence for use of the website is granted to the client. This licence is valid for the period specified on the invoice and also allows the customer to use images of the website for publicity purposes.
If a choice of multiple designs is offered, only one solution is deemed to be given by V35 as fulfilling the contract. All other designs remain the property of V35, unless agreed in writing that this arrangement has been changed.
Content management systems and back-end website management facilities
Content management systems provided with websites by V35 are provided as licensed software. The licence of this is only valid as long as the system is hosted by V35. Should the client want to move their system away from V35 to another hosting platform they must pay an ‘ownership fee’ which will grant the client full access to the application’s source code. The price paid for unlimited access and ownership relates to the time taken to develop the entire application. Licence costs are based on the application’s server strain.
If the client wishes to use more than one instance of the CMS then they must purchase a licence for each instance. Failure to do so will result in breach of copyright and will be considered theft and prosecuted in the usual way.
Websites featuring applications do not come with allocated FTP accessible space.
Project acceptance and cancellation
When a project is undertaken by V35, it is only done so when acceptance is made by the client in writing, by email, or verbally. Once the client has accepted V35’s proposal they are obliged to see the project to completion and make payment as expected. Clients who cancel V35’s services before project completion are responsible to settle their account to the point of cancellation. Those who do not cancel the service before completion by email, in writing, or verbally are responsible for payment of the entire amount originally quoted.
Hosting
Websites hosted with V35 are hosted at the rate agreed with the client. A hosting account is considered in default when it remains unpaid for more that 14 days after an invoice is issued. All services will cease on this date. Loss of data will not be accounted for by V35.
Uptime is not guaranteed, however we have experienced over 95% uptime since we began our hosting service.
Moving away from V35 may require work from V35 staff. In this case work will be charged for at our usual hourly rate. This, in the case of web applications, is as well as an ownership fee.
Payment & publication
The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to V35. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 5% per month of the outstanding amount.
Payments may be made by cash, cheque or PayPal in Pound Sterling; or if previously agreed by electronic funds transfer.
Publication and/or release of work done by V35 on behalf of the client, may not take place before cleared funds have been received.
Once the project is published any errors or mistakes then found are deemed to be the responsibility of the client who has by requesting the project to be published given approval to the project for publication. V35 will have no obligation either financial or otherwise to correct mistakes found after publication.