Terms and Conditions
The following Terms and Conditions apply to all website development / design services provided by Websites for Translators to the Client.
Website: Websites for Translators, http://websitesfortranslators.co.uk/webdesign.
Websites for Translators, “us”, “we”: The site owner (registered in England and Wales as Twisted Marketing Ltd with its registered office at The Salisbury, 5th Floor Salisbury House (744 – 750), London Wall, EC2M 5QQ, United Kingdom) and/or all its employees and affiliates.
The Client, “you”: the user of this website.
It is not necessary for any Client to have signed an acceptance of these Terms and Conditions for them to apply. If a Client browses this site 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 further browsing of our website, purchase or use of our services implies that you have read and accepted our Terms and Conditions.
Charges for services to be provided by Websites for Translators are defined in the project quotation that the Client receives via email. Quotations are valid for a period of 30 days. Websites for Translators reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless otherwise agreed with the Client, all website design services require an advance payment of a minimum of twenty five (25) percent of the project quotation total before the work is supplied to the Client for review, with the remaining seventy five (75) percent of the project quotation total due 30 days after receipt of the relevant invoice.
Payment for services is due by bank transfer and bank details will be made available on invoices. Payments for services can also be made using the PayPal service, in which case the details will also be provided on invoices.
Should the client wish to cancel the project at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
Graphic design charges are based on the design and delivery of the final output files only, not source editable artwork files unless agreed otherwise.
3. Permission and Copyright
All pages, images, text and code on the Website are copyrighted material.
Clients and any other visitors to the Website may not use any of the pages, images, text or code on the website for use on Client’s or visitor’s own website or to create a website or templates without prior written permission from Websites for Translators.
Copyright of the completed web designs, images, pages, code and source files created by Websites for Translators for the project shall be transferred to the Client upon cleared funds of final payment only and only by prior written agreement. Without agreement, ownership of designs and all code remains with Websites for Translators.
Where the Client has chosen to pay according to a payment plan for site design services, including site maintenance, the copyright of completed web design(s), images, pages, code and source files created by the Websites for Translators for the project shall be transferred to the Client only after the total invoice amount has been received by Websites for Translators and only by prior written agreement. Without agreement, ownership of designs and all code remains with Websites for Translators.
The Client agrees that the resale or distribution of the completed files either in full or in part is forbidden unless prior written agreement is made between the Client and Websites for Translators.
The Client hereby agrees that all media and content made available to Websites for Translators 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 Websites for Translators from any claim or suit that may arise as a result of using the supplied media and content.
The Client agrees that Websites for Translators may include development credits and links within any code that Websites for Translators designs, builds or amends.
The Client agrees that Websites for Translators reserves the right to include any work done for the Client in a portfolio of work.
Any deviation from these general terms of engagement are to be laid out in a special instruction document and duly signed by both Websites for Translators and the Client prior to commencement of any scope of works.
Websites for Translators 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 our own discretion. Websites for Translators reserves the right to refuse to sell design or code to those thought or known to be competitors of Websites for Translators. The Client may not purchase design or code for use in development of their own product to directly compete with our design or code. Websites for Translators reserves the right to refuse sale for orders from suspect payment or address details or other reason at our own discretion. Websites for Translators reserves the right without notice to cancel, reject, refuse sale to or work with a Client without reason for such rejection or refusal.
When requested, Websites for Translators will purchase the required domain name on behalf of the client. The Client is responsible for checking the accuracy of the domain name prior to purchase, and will confirm such in writing by email prior to the order being placed.
The Client does not hold Websites for Translators responsible for any errors or omissions made by the Client and the Client’s confirmation email is final. Refunds cannot be made by Websites for Translators after the domain has been purchased on behalf of the Client.
6. 3rd Party Hosting and Domains
The Client agrees to take all legal responsibility for the use of third-party domain name, hosting and email services and hereby agrees to indemnify and hold harmless Websites for Translators from any claim resulting from the Client’s publication of material and use of such domain name, hosting and email services. Any support or payment due relating to domain name, hosting and email services are to be made between the Client and the third-party service.
The Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account, which the Developer requires to upload the website if required as part of a project.
Websites for Translators reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.
7. Project Time and Content Control
Websites for Translators will install and publicly post or supply the Client’s website by the date specified in the project proposal or a date agreed with the Client upon Websites for Translators receiving initial payment, unless a delay is specifically requested by the Client and agreed by Websites for Translators.
In return, the Client agrees to delegate a single individual as a primary contact to aid Websites for Translators with progressing the commission in a satisfactory and expedient manner.
During the project, Websites for Translators will require the Client to provide website content: text, images, videos and sound files.
8. Failure to provide required website content
Websites for Translators is a small business; to remain efficient we must ensure that work we have lined up is carried out at the scheduled time. On occasion, 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 required information at the agreed time. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed timeframe, we reserve the right to postpone the project completion time in order to be able to accept and work on other projects that we may have. We also reserve the right to close the project, in which case the remaining balance becomes payable immediately. Simply put, we will do all we can to provide you with a good service, but it would be wise to not give us the go ahead to start until you are ready to do so.
If your project involves Search Engine Optimisation, we need the text content for your site so that the SEO can be planned and completed efficiently.
NOTE: Text content should be delivered as a Microsoft Word, email or similar 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.
9. Web Browsers
Websites for Translators shall make every effort to ensure that sites are designed to be viewed by the majority of visitors. Sites are designed to work with the latest releases of the main browsers: Internet Explorer, Mozilla Firefox and Chrome. The Client agrees that Websites for Translators cannot guarantee correct functionality with all browser software across different operating systems.
The Client agrees that after the 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 website. As such, Websites for Translators 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 or domain name or hosting changes.
10. Liability and Warranty Disclaimer
Websites for Translators provides its websites 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. Websites for Translators 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.
Where websites are designed for clients using WordPress templates and appropriate software is agreed upon with the Client, the Client agrees that Websites for Translators is not liable for any bugs, performance issues or failure of said software or templates. Any bugs, performance issues or failure with the software will be directed to their respective offices.
The Client agrees that in the case of a software problem, a screenshot may need to be sent to their support.
Websites for Translators endeavours to provide a website within given delivery timescales to the best of its ability. However, the Client agrees that Websites for Translators is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
The Client agrees that Websites for Translators is not liable for the absence of service as a result of illness or holiday.
The Client agrees that Websites for Translators is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third-party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third-party services.
Websites for Translators is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings relating to the services provided.
On handover of files from Websites for Translators to the Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error-free, Websites for Translators cannot guarantee that the display or functionality of the web design or website will be uninterrupted or error-free. If, after handover of files, errors are found in code we created and the main browsers (Internet Explorer, Google Chrome or Mozilla Firefox) domain name setup and hosting setup are the same as when work began, we will correct these errors for the Client at our own discretion (with the time for notification of such issues being one week from the date of project finalisation and handing over the files), unless otherwise agreed with the Client and by prior written agreement.
If after handover of files, errors are found in code we created and the main browsers (Internet Explorer, Google Chrome or Mozilla Firefox) have released an updated software version or the domain name setup or hosting setup have been changed, we can correct errors for the Client free of charge and reserve the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.
Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Websites for Translators reserves the right to cancel forthwith any projects and invoice the Client for any work completed.
Websites for Translators 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 arising from the operation of or inability to operate these web pages or websites, even if Websites for Translators has been advised of the possibility of such damages.
There are laws and taxes which affect Internet ecommerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect and defend Websites for Translators and its subcontractors from any claim, suit, penalty, tax or tariff arising from the Client’s exercise of Internet ecommerce.
Websites for Translators may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. Websites for Translators reserves the right to quote for any updates as separate work. The Client agrees that Websites for Translators is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold Websites for Translators harmless from any and all demands, liabilities, costs, losses and claims arising from failure to inform or implement these updates.
The Client agrees to use all our services and facilities at their own risk and agree to defend, indemnify, save and hold Websites for Translators harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to solicitor’s fees against us or our 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 agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.
The Client also agrees to defend, indemnify and hold harmless Websites for Translators against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, Websites for Translators or organisation.
Websites for Translators and any third-party associates agree 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 us to another party.
14. Design Credit
A link to Websites for Translators 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 10% of the total development charges will be applied.
These Terms and Conditions supersede all previous representations, understandings or agreements.
16. Governing Law
Websites for Translators 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. Websites for Translators 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 by law.
Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
[Last update: 01.09.2016]