Service Terms & Conditions
1.DefinitionsThe following terms and conditions document is a legal agreement between Easy Peasy PCs and the client hereafter “Developer” and “Client”, respectively, for the purposes of web site design or development. These terms and conditions are applicable to all projects that are undertaken by Developer, including hardware and software services, troublehooting and design.
2. Acceptance of work
A link to of these terms and conditions is submitted along with project quotations and must be agreed to prior to work commencing. The quotations are valid for 14 days from date of issue. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions. These terms and conditions are always available on our website for review.
3. Permission & Copyright
All pages, images, text and code on Developer's web site at http://www.easypeasypcs.co.uk/ is copyrighted material. The Client retains the copyright to data, files and graphic logos provided by the Client, and grant Developer 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 Developer permission and rights for use of the same and agrees to cover and hold harmless Developer from any and all claims resulting from the Client's carelessness or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Client to Developer that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Developer reserves the right in its sole discretion to refuse to sell design or code to a Client who has a site which it deems is, including but not limited to, unlawful or inappropriate, contains a virus or hostile program, constitutes harassment, racism, violence, obscenity, harmful intent, spamming, contains adult content, commits a criminal offence, infringes privacy or copyright or any other questionable media at Developers own discretion. Developer reserves the right to refuse to sell design or code to those thought or known as competitors of Developer. Client may not purchase design or code for use in development of their own product to directly compete with Developer's design or code. Developer reserves the right to refuse sale for orders from suspect payment or address details or other reason at Developers own discretion. Developer reserves the right without notice to cancel, reject, refuse sale to or work with a Client without reason for such rejection or refusal.
5.Domain Names & Hosting
Developer may purchase domain names and / or hosting space on behalf of the Client, in which case they will then be renewed on an regular basis and the Client will be invoiced by Developer. The Client must notify Developer that they do not wish to keep the domain thirty (30) days before the expiration date. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Developer. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
All alterations for web sites projects are to be requested in writing either by email, online project management or postal mail by the Client. After the specified allowed hours of alterations (or agreed changes) have been completed, Developer reserves the right to advise the Client as such and send a separate quotation to the Client and to request payment for any further alterations. Developer reserves the right to request payment be received for further alterations before continuing work.
Upon completion of an agreed design the Client is asked to confirm in writing by email, online project managent or postal mail that the design is signed off as complete and agree that any further design alterations are chargeable.
Client agrees to provide any needed information and content required by Developer in good time to enable Developer to complete a design or web site work as part of an agreed project.
Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. Developer agrees to try and match the design as closely as is possible when building the code.
Developer endeavours to create pages that are search engine friendly, however, Developer gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall Developer be held liable for any changes in search engine rankings as a result of using Developers code.
If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that Developer can apply a nearest available alternative solution.
After site completion, a Client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then Developer reserves the right to quote for work to repair the web site.
Developer reserves the right to assign subcontractors in whole or as part of a project if needed.
Client agrees that it is their own responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure.
All communications between Developer and Client shall be by telephone, email, Skype, online project management or postal mail, except where agreed at Developer's discretion.
7. Web Browsers
Developer shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the the main browsers: Microsoft Internet Explorer, Google Chrome and Mozilla Firefox (latest releases.) Client agrees that Developer cannot guarantee correct functionality with all browser software across different operating systems.
Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, Developer reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.
8. Charges & Payment
Charges for services to be provided by Easy Peasy PCS are defined in the project quotation that the Client receives via e-mail. Some clients may choose to agree quotations over the phone, or via text mesage. Quotations are valid for a period of 15 days unless alternate timescales have been agreed beforehand with the Client. Developer reserves the right to alter or decline to provide a quotation after expiry of the valid timescale.
Charging rates vary, some tasks are fixed price and others are charged at hourly rates. To remain competitive, we operate a two tier hourly rate (£25 or £40 per hour (twenty five or forty pounds per hour)) where charges are linked to the complexity of the task. As examples, general troubleshooting or installation of peripherals would usually be charged at £25 per hour, whereas network troubleshooting, disaster recovery, web design or installation of scripts may be charged at £40 per hour.
Projects may require an advance payment of fifty (50) percent of the project quotation total before work will commence. The remaining balance of the project quotation total will be due upon completion of the work (and prior to upload to the server or release of web-based materials.) Charges for web development do not cover the release of source Image editing or Flash files; if the Client requires these items then a separate quotation can be prepared.
9. Payment terms
Invoices will be provided by Developer upon completion of the work for Web Development and Design and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices. Invoices are due on date of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after fourteen (14) days then Developer will consider the account to be in default.
If the Client in default has any information or files on Developer Web space, Developer can, at its discretion, remove all such material from its web space. Developer 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 Developer reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Developer in enforcing these Terms and Conditions.
Developer and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Developer to another party.
Developer and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
Developer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
Developer reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at this page with the date of the last update.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.