The following Terms and Conditions document is a legal agreement between Autumn.Dev, hereafter “the Developer”, and “the Client” for the purposes of website design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
All work requested by the Client will be detailed in “the Quote”. The Quote will contain a detailed “Specification” of the work that the Client has requested be carried out by the Developer.
Acceptance of Work
Quotations are valid for 7 days from date of issue. After 7 days from the date of issue a new quote should be requested from the Developer by the Client.
Quotations are for work explicitly detailed within that Quote. Additional work requested by the Client that is not specified in the agreed quotation is subject to an additional quotation by the Developer on receipt of specification. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project.
The Client is responsible for verifying that the specification detailed on the Quote is correct.
ll quotes exclude any and all third party fees. Any Additional Fee's incurred for any service provider are not covered by the Developer and must be handled by the client. Possible third party fees include, but are not limited to, payment gateway providers.
Any agreed deposit is payable to the Developer before work on the quote commences. No work will be carried out by the developer before the deposit has been paid. No contract exists between the Developer and the Client until the deposit has been paid.
All work is owned by the Developer until the full balance of the quote has been paid unless work is cancelled by the Client.
The Developer will make every effort to ensure that completed work meets the specification set out in the Quote however it is the Clients responsibility to ensure that the work meets the specification set out in the Quote.
The Developer will provide, where necessary, a testing server/environment on which the Client will be able to verify the work meets the specification set out in the Quote.
No work will be released to the Clients live server/environment until it has been approved in writing by the client. Instructions from the Client to ‘live release’ any work will be understood to be confirmation that the work is complete and/or that it meets the specification set out in the quote.
All work will be subject to the Developer standard release practises unless specifically agreed otherwise in writing. Should the client request that work be release in a manner other than the Developers standard release practise further cost may be incurred. The Developer will inform the Client of these costs prior to any release.
Any and all outstanding balance(s) relating to the Quote become payable on live release or the Clients approval thereof whichever comes first. All invoices are due no later than the ‘due by date’ set out on that invoice.
Payments owed to the Developer by the Client after the ‘due by date’ of the associated invoice will be subject to a “late payment fee” of £35 per day.
Following live release of work associated with a quote there shall be a 30 (thirty) day period beginning on the day of live release during which the Developer will offer “Free Support” for the work detailed within that Quote.
The “30 Day Free Support Period” will be limited to bug fixes and alterations to the work which fall within the original Specification of the Quote. Issues must be brought to the attention of the Developer in writing by the Client within the “30 Day Free Support Period”.
After the expiration of the “30 Day Free Support Period” detailed at 3.1 further work on any issue related to the Quote will be chargeable and a separate quote will be made.
Cancellation of Work
The client must give written notice to cancel work on any quote.
Upon cancellation of work by the Client, the Client will pay the Developer not less than 30% of any outstanding balance for that quote.
The Client will receive all work created up to the time of cancellation, after terms regarding outstanding balances (4.2) have been met.
No support, as detailed in section 3, is given for work which the Developer deems ‘incomplete’
Copyright & Permissions
The Developer retains ownership and copyright of all created work until “Live Release”.
The Client agrees that all content, designs, media and other materials provided to the Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Developer from any claim or suit that may arise as a result of using the supplied media and content.
The Client agrees that the Developer reserves the right to include any work done for the Client in a portfolio of work and / or to use the Clients name/logo as part of a portfolio of work (Including the Developers own website)
The Client gives the Developer permission to host a copy of websites or systems as required to provide a testing environment accessible by the client for verification of work carried out by the Developer.
The Developer reserves the right to refuse to handle:
Any media which is unlawful
Any media which contains a virus or hostile program or ‘malware’
Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
Any media that constitutes a criminal offence, or infringes privacy or copyright.
The Client understands that due to the nature of the web environment, internet web browsers and devices on which this software is used HTML pages or other content created for these systems may not exactly match any original designs and may vary from one device to another.
All work is carried out in relation to the specification on any given quote only. If the Client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, the Developer reserves the right to quote separately for these alterations.
The Developer endeavours to create pages that are accessible to search engines. However, the Developer gives no guarantee that the site will become listed with search engines.
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 the Client agrees that the Developer can apply a nearest available alternative solution.
After completion, a Client or a third party of their choosing may wish to edit the work completed by the Developer 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 the Client or a third party of their choosing edits any code and this results in functionality errors or the page displaying incorrectly, then the Developer reserves the right to quote for work to repair the website.
Liability and Warranty Disclaimer
The Developer provides their website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The Developer cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The Client agrees that the Developer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages (“issue(s)”) arising out of the operation of or inability to operate any systems on which Quoted work has been carried out by the Developer.
7.2 is understood to include Issues resulting from the use of any third party software (open source or otherwise), third party APIs or any other service provided by a third party as part of work carried out by the Developer.
There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.
The Client agrees to use all Developer services and facilities at their own risk and agrees to defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Developer or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties.
The Client also agrees to indemnify, hold harmless and defend, the Developer against any liabilities arising out of injury to property or person caused by any any product or service sold by the Client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.
The Developer and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about the Developer to another party, unless directed by the Developer.
The 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. This information will also be used to identify the Client in communications with them and to contact the Client from time to time to offer them services or products that may be of interest to or benefit the Client.
The 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. The Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.
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.
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.
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.
The 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 the Developer’s website at terms and conditions.
These Terms and Conditions do not affect your statutory rights as a consumer.
To discuss our service, a specific quote, these terms and conditions or anything else reguarding our service please feel free to contact us.
16 Eastgate Business Centre,
Burton on Trent,