Terms & Conditions
The following terms and conditions apply to all services provided by Arun Web Designs to the Client.
Last updated: 23rd September 2021
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If 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.
Charges for services to be provided by Arun Web Designs are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 60 days. Arun Web Designs reserves the right to alter or decline to provide a quotation after the expiry of the 60 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of at least twenty-five (25) percent or £125, whichever is greater, of the project quotation total before the work is supplied to the Client for review with the balance due upon completion of the work.
Payment for services is due by bank transfer. Bank details will be made available on invoices.
3. Client Review
Arun Web Designs 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 Arun Web Designs otherwise within ten (10) days of the date the materials are made available to the Client, made viewable to the public or otherwise deemed to be completed.
4. Turnaround Time and Content Control
Arun Web Designs will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at a date agreed with Client upon Arun Web Designs receiving initial payment, unless a delay is specifically requested by the Client and agreed by Arun Web Designs.
In return, the Client agrees to delegate a single individual as a primary contact to aid Arun Web Designs with progressing the commission in a satisfactory and expedient manner.
During the project, Arun Web Designs will require the Client to provide website content; text, images, video and sound files etc. to populate the website.
5. Failure to provide required website content:
Arun Web Designs is a small business, to remain efficient we must ensure that the work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information at least three (3) weeks prior to the agreed completion date. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%.
All our websites are CMS websites, and you will be provided with a content management system so that you are able to keep your content up to date yourself.
If you order a maintenance package, Arun Web Designs agree to make periodical updates to your site. This is subject to a fair usage clause. Arun Web Designs reserve the right to refuse to update websites if such requests exceed 3 hours of development time per site per annum.
Invoices will be provided by Arun Web Designs prior to the start and upon completion of the project. Invoices are normally sent via email. 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 the higher of twenty percent (20%) or £30 per month of the total amount due, whichever is greater.
7. Additional Expenses
The Client agrees to reimburse Arun Web Designs for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials.
8. Web Browsers
Arun Web Designs makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that Arun Web Designs cannot guarantee correct functionality with all browser software across different operating systems.
Arun Web Designs cannot accept responsibility for web pages that do not display acceptably in obsolete versions or new versions of browsers released after the website has been designed and signed off by the Client. As such, Arun Web Designs reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts 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 Arun Web Designs’ Web space, Arun Web Designs will, at its discretion, remove all such material from its web space. Arun Web Designs 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. Clients with accounts in default agree to pay Arun Web Designs reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Arun Web Designs in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or by email. 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.
All Arun Web Designs services may be used for lawful purposes only. You agree to indemnify and hold Arun Web Designs harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Arun Web Designs 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 Arun Web Designs permission and rights for use of the same and agrees to indemnify and hold harmless Arun Web Designs 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 Arun Web Designs that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media and Text Delivery
Unless otherwise specified in the project quotation, this agreement assumes that any text, photography or other graphics will be provided by the Client in electronic format on a USB drive, via e-mail or WeTransfer.com).
Text content should be delivered as a Microsoft Word document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
All photographs and other graphics will be provided in .gif, .jpeg,or .png format and of a large enough size for the use required.
14. Design Credit
A link to Arun Web Designs 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. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than £500, a fixed fee of £100 will be applied. The Client also agrees that the website developed for the Client may be presented in Arun Web Designs’ portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, Arun Web Designs 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.
16. Post-Placement Alterations
Arun Web Designs 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.
17. Domain Names and Hosting
Arun Web Designs can purchase domain names and hosting plans on behalf of the Client. Payment and renewal of those domain names and hosting plans is the responsibility of Arun Web Designs following payment by the Client of the necessary fees. The loss, cancellation or otherwise of the domain brought about by non or late payment by the Client is not the responsibility of Arun Web Designs. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
19. Governing Law
This Agreement shall be governed by English Law.
Arun Web Designs 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 website;
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 Arun Web Designs 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.
In 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. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.