Terms and Conditions
(a) This agreement covers all services provided by PSLWeb to the Client and all materials provided by PSLWeb to the Client and all materials provided by the Client to PSLWeb.
(b) Acceptance of a commission by PSLWeb from the Client will be deemed as a contractual agreement between PSLWeb and the Client.
(a) The Commission shall be deemed either at a fixed cost or an hourly rate. Fixed cost shall be interpreted as a fully defined website specification taken on at a fixed price. Hourly Rate shall be interpreted as a fixed price per hour worked for the duration of the Commission. In this latter case PSLWeb shall upon request supply the Client with timesheets detailing the hours worked.
(b) The initial consultation with the Client is free of cost wherefore PSLWeb will provide an initial estimated cost to the Client for the Commission. All further work, including additional consultations, will be charged for if and only if the Client accepts the final written quotation and engages PSLWeb to carry out the Commission.
(c) PSLWeb will seek to provide a written quotation which will detail all the costs including any third party costs and those costs which are recurring (annual or monthly). Acceptance of this final written quotation by the Client will constitute a Commission of the work from PSLWeb.
(d) The Client hereby agrees to allow a link to PSLWeb's website to be placed on its own website either in the page footer or primary navigation area or as otherwise agreed with PSLWeb. In return PSLWeb will reciprocate a link from its website to the Client's website to the mutual benefit of both parties.
(a) PSLWeb will agree with the Client timescales for the commission and will endeavour to meet those timescales. PSLWeb cannot be held responsible for delays caused by the failure of the Client to provide PSLWeb with content and materials in a timely manner as agreed in the Commission.
(b) All content must be provided by the Client to PSLWeb in a electronic format and within at least seven working days prior to the contract completion date unless otherwise agreed.
(c) PSLWeb will construct websites that adhere to the recommended standards of web design as laid down by The World Wide Web Consortium, namely and minimally XHTML 1.0 Transitional or Strict or XHTML 1.1 unless agreed otherwise with the Client.
(d) PSLWeb will endeavour to make every effort to construct websites that adhere to accessibility guidelines, namely U.S. Government Section 508 and the Web Content Accessibility Guidelines Priority A (minimally) as laid down by The World Wide Web Consortium.
(e) PSLWeb will endeavour to test the website on the following modern browsers: Internet Explorer 6, 7, 8 & 9, Firefox 4, 5, 6 & 7, Opera 9, Flock, Safari and Google Chrome. PSLWeb cannot be held responsibility for content which does not display properly on new browsers released after the completion of the Commission or very old browsers (i.e. version that pre-date the above list).
(f) PSLWeb shall as part of its standard service optimise and submit the website to at least three main search engines and the Open Directory Project. Any further website promotion shall not be covered by the existing Commission for a website but can be provided by PSLWeb as an entirely separate Commission. In either case PSLWeb cannot guarantee inclusion in a search engine or the Open Directory Project and cannot guarantee high rankings in the search engines.
(g) PSLWeb will demonstrate the finished website either through a fully working copy on a laptop computer or via a demonstration area on PSLWeb's own website. Minor amendments may be made at this stage provided those changes do not constitute any redesign, changes in functionality or programming as agreed in the Commission. PSLWeb will then invoice the Client for the full amount outstanding and will require that the Client signs off the Commission, agreeing that the Commission has been completed to the Clients full satisfaction. PSLWeb will then either publish the website on the Client's live web server or provide the website on CD-ROM as agreed with the Client. The Commission will then be deemed to be at an end.
(h) Future maintenance of the website does not form part of this Commission. PSLWeb will usually offer maintenance however (at a specified agreed rate) and any maintenance undertaken is done so entirely at PSLWeb's discretion.
(a) Upon acceptance of a Commission by PSLWeb an immediate payment of 25% of the total fee will become due and payable within 14 days of the commencement or the Commission, unless agreed otherwise. The remainder (75%) of the fee will be due and payable within 14 days upon completion of the Commission. PSLWeb shall at its sole and absolute discretion be entitled to withhold part or all of the agreed services and/or materials whilst any payment is outstanding.
(b) All payments will be made in pounds sterling.
(c) PSLWeb reserves the right to modify its prices at any time and without notice. Commissions undertaken before any price alteration will not be subject to the alteration but any future Commissions will be subject to the alteration.
(a) PSLWeb will provide a warranty for one month following the live publication of the website in order to fix any problems with the website. No maintenance is included in the Commission for a website and this can be arranged between the Client and PSLWeb as a separate contract.
6. Domain name registration (where applicable)
(a) PSLWeb cannot guarantee the securing of a domain name until PSLWeb notifies the Client that the said domain name has in fact been registered by PSLWeb for and on behalf of the Client. PSLWeb shall not be held liable for any damage or loss by any action taken by the Client prior to receiving such notification.
(b) PSLWeb provides no warranty that any domain names registered on behalf of the Client do no infringe on the rights of any third party, and that the Client agrees to indemnify PSLWeb in respect of such infringements.
(c) The Client is bound by the terms and conditions of use applied by the relevant Domain Name Naming Authority and is responsible for reading and complying with those terms.
(d) The Client hereby agrees that PSLWeb shall not be liable for damage or loss resulting from the Client's failure to adhere to the terms and conditions of use of the domain name as issued by the Domain Name Naming Authority.
(e) PSLWeb reserves the right to retain, suspend, withhold or cancel a domain name in the case of any dispute between the Client and any third party.
(f) PSLWeb reserves the right to retain or otherwise refuse to release any domain name to another domain name reseller, provider or tag holder unless all and any outstanding payments due to PSLWeb have been received.
7. Web Hosting
(a) PSLWeb offers provision of web hosting services through a third party which shall be contracted for separately and which does not constitute any part of these Terms & Conditions. The Client may use a web hosting service not supplied by PSLWeb for which the Client will be wholly responsible for.
(b) PSLWeb specifically excludes any and all liability within these Terms & Conditions for any loss of sales, revenue, turnover, profits or indirect, consequential or special loss where the website is to be hosted on a third party server. The Client accepts and agrees to the Terms & Conditions and service level agreements of the web hosting company (a copy of which will be given on request).
(c) PSLWeb reserves the right to suspend website and/or email services where it believes that the email service is being abused by, though not limited to, spamming, sending unsolicited bulk emailing, adding people to an email mailing list without their express consent, sending email of an offensive or abusive nature or sending email inciting racial or religious hatred.
(d) The Client hereby agrees to take full responsibility for any emails sent from the Client's website and/or by The Client. PSLWeb shall not be held liable for any such emails.
(e) The Client hereby agrees to take full responsibility for any changes made to the website directly (e.g. using FTP) by The Client which may result in the website failing in terms of, though not limited to: standards compliance, accessibility, correct display in modern browsers, functionality and performance.
(f) PSLWeb shall agree disk space and bandwidth quotas with the Client. PSLWeb reserves the right to suspend or remove any website exceeding this agreed quota.
8. E-commerce functionality (where applicable)
(a) The Client shall ensure the maximum security levels with regard to its e-commerce application and data, including but not limited to financial and personal data.
(b) The Client shall be solely responsible for complying with any laws, tariffs and taxes applicable to their e-commerce application or any other related services. The Client will hold harmless, protect and defend PSLWeb from any claim, suit, penalty, fine, tariff or tax arising from the Client's exercise of e-commerce applications and any failure to comply with any such laws, tariffs or taxes arising from the exercise of such applications.
(a) PSLWeb will hold all personal client data securely and use it solely for the purposes of carrying out business with the Client. PSLWeb will not pass on personal data to any third party unless required to do so under United Kingdom law or with the express permission of the Client.
(a) The Client may cancel the Commission at any point but will be invoiced for the work done up to the point of cancellation on a time and materials basis.
(b) The Client is responsible for providing PSLWeb with content and materials as agreed in the Commission. If the content and materials are not supplied within one month of the agreed schedule then PSLWeb may consider that the Client has effectively cancelled the Commission and any fees due at that point will be invoiced for.
(a) PSLWeb does not guarantee or warrant the website as being error free, including, but not limited to, website availability, website functionality, email and e-commerce functions will be uninterrupted or free of errors. The Client agrees to assume the entire risk for the quality and performance of the website. PSLWeb shall in no event be held liable by the Client or any third party for any damage or loss resulting from, but not limited to, website content, website functionality, website or email unavailability, the Hosting Service, Internet Service Providers, telecommunication carriers, loss of sales, revenue, turnover, profits or indirect, consequential or special loss, User Agents, website visitors, even if PSLWeb has been advised of the possibility of such loss or damages.
(a) The Client hereby agrees to indemnify and hold PSLWeb harmless from any legal action which may result from the services and/or goods supplied.
(b) The Client hereby agrees that PSLWeb shall be excluded from any and all liability for damage or loss caused by omissions, delays, errors or inaccuracies whatever the cause in the services and/or goods supplied by PSLWeb.
(c) The Client hereby agrees that PSLWeb shall be excluded from any and all liability in respect of loss, damage or injury or any consequential or indirect loss sustained by the Client or its servants or third parties by reason of any act or negligence by the Client.
(d) The Client shall be solely responsible for ensuring that materials supplied to PSLWeb do not infringe copyright, intellectual property rights and are not libellous. The Client will indemnify PSLWeb against any damage or loss resulting therein.
(e) The Client hereby agrees that PSLWeb shall not be liable for damage or loss to Client's materials supplied for the purpose of providing the said services/goods whether the damage or loss results from negligence or caused otherwise.
(a) All materials provided by the Client to the Company for the purposes of providing the services and/or goods will remain the copyright of the Client where the Client already owns such rights.
(b) All materials specifically produced by PSLWeb as part of the Commission will remain the copyright of PSLWeb. The Client will have permission to use these materials provided solely in the capacity of the Client's website upon payment being made in full to PSLWeb.
(c) The Client does not have permission to copy, resell or redistribute the materials produced by PSLWeb without the express and written permission of PSLWeb.
(d) PSLWeb may use select graphics from the Client's website in its own promotional materials without restriction or permission.
(a) The services and/or materials provided by PSLWeb may only be used for lawful purposes.
(b) The Client shall be responsible for ensuring that the material does not in any way contravene statutory legislation, especially, but not limited to, the following cases:
(i) That the material does not contravene United Kingdom law.
(ii) The material does not contravene the law where the domain name is registered.
(iii) That the material does not contravene the law in the country where the live web server is situated.
(iv) That the material does not contravene the law in the country where the Client's goods and/or services are produced or sold.
(c) PSLWeb reserves the right to not accept any Commission which the PSLWeb deems unfit or unacceptable whether for legal reasons or otherwise.
(d) PSLWeb reserves the right to suspend or remove any website which, in opinion of PSLWeb, is unfit or unacceptable; including, but not limited to, websites containing material of a pornographic, obscene, lascivious, indecent, filthy or lewd nature, material which provokes racial or religious hatred, material with the intent to abuse, threaten, annoy or harass any individual or group, material which infringes copyright or intellectual property rights or material contravening United Kingdom law.
(e) PSLWeb reserves the right to monitor server files and emails for any illegal content or materials or for any other purpose it deems necessary.
(a) These terms and conditions and any other contract between PSLWeb and The Client shall be governed and construed in accordance with the laws of England in every particular formation and interpretation and shall be deemed to have been made in England.
(a) Should one or more provisions of these terms and conditions
and the Agreement of the Commission be held to be illegal, invalid or not
forceable then the remaining provisions shall not be impaired and the Terms & Conditions and the Agreement of the Commission shall not be declared void. Any
provision so declared shall be replaced by a mutually acceptable provision
which is deemed to be legal, valid and enforceable wherein the new provision
comes closest to matching the original intention of the parties underlying
the illegal, invalid or unenforceable provision.
(b) This contract is not transferable to any other party and does not need to be renewed.
17. General Terms & Conditions
(a) PSLWeb reserves the right to withhold or withdraw any services and/or materials from any client who infringes these Terms & Conditions without notice and with immediate effect. In such circumstances PSLWeb will not refund any monies paid for services and/or materials or any part thereof and the Client will be liable for any outstanding fees owed.
(b) PSLWeb reserves the right to modify or change any or all of the Terms & Conditions contained herein without notice.
(c) The Client's statutory rights are not affected by agreeing to these Terms & Conditions.
18. Acceptance of Conditions
(a) The acceptance of the final written quotation of the Commission will constitute a full and unconditional acceptance of these Terms & conditions.