Terms and conditions

Work carried out on websites for customers are subject to our standard terms/conditions, which are outlined below. This agreement sets out the terms on which Noble Web Design is prepared to provide services to you (the Customer).

 

1 Definitions:

 

"Fees" means the charge for the provision of the Services as set out in the Project Proposal or such other charge as is otherwise agreed from time to time between the parties.

 

"Intellectual Property" means all copyrights, moral rights, related rights, patents, trade marks, trade names, service marks, design rights, database rights, semi-conductor rights, rights to domain names, and other similar intellectual property rights (whether registered or not) and applications for such rights as may exist anywhere in the world whether in relation to the design of the Site, its architecture, any logos or artwork or any software or source codes originated by the business.

 

"Materials" means all Software, manual and other documentation (where the content allows) developed or supplied pursuant to the Agreement in each case in machine and/or human readable form.

 

"Project Proposal" means the document provided by the business (if any) setting out the proposal for the Services to be provided to the Customer by the business.

 

"Services" means the concept, design, build and delivery of the Site in accordance with the specifications set out in the Project Proposal or as otherwise agreed from time to time between the parties.

 

"Site" means the Customer's web site

 

"Software" means all software (including all HTML, JavaScript, Visual Basic, Java, VB Script, Transact-SQL, SQL and any other system) affecting the performance or use of the site, whether or not written by the business (all preparatory design materials, modifications, updates and enhancements to it) required for the purpose of this Agreement.

 

"Timetable" means the timetable set out in the Project Proposal or as otherwise agreed from time to time between the parties.

 

1.1 Words denoting the masculine gender include the feminine and neuter and vice versa and words denoting the singular include the plural and vice versa.

 

1.2 The headings in the this Agreement are for convenience only and shall not affect interpretation.

 

2 Services:

 

2.1 The business will deliver the Services and Materials and provide to the Customer any other services agreed in writing/email from time to time between the parties and use its best endeavours to ensure that these are delivered and provided in accordance with the timetable.

 

3 Fees:

 

3.1 The Customer shall pay the business the Fees.

 

3.2 The business may ask for an up front payment or typically a deposit of 30% from the total project balance due. All deposits are non refundable.

 

3.3 The business will not undertake any work on the Services until it has received the deposit or payment in full (required under clause 3.2 above).

 

3.4 The business will use its best endeavours to produce designs and software that substantially meet the Customer's specifications. If the Customer rejects designs produced according to those specifications for aesthetic reasons or if the Customer changes their original specifications in light of the work produced, the business reserves the right to charge extra for redoing the work.

 

4 Confidentiality:

 

4.1 Each party agrees: to keep all information about the other's business ("Confidential Information") strictly confidential, not to use or copy Confidential Information save as agreed in writing/email with the other party; and to procure that all persons to whom it discloses Confidential Information are bound by the terms of confidentiality at least equivalent to this.

 

4.2 This clause 4 shall not apply to either party in relation to information that (other than by breach of any duty of confidence) has come into the public domain; is obtained from a third party or was already known to that party before the Agreement; or is required to be disclosed by order of a court of competent jurisdiction.

 

5 Force Majeure:

 

Though every effort will be made to carry out the contract the business shall be under no liability if it shall be unable to carry out any provision of the Agreement for any reason beyond its control including (without limiting the foregoing) act of God, war, strike, lockout or any other labour dispute, fire, flood, drought, failure of power supply, legislation, failure of third parties to supply software, design work or other materials or facilities or other cause beyond the control of the business. During the continuance of such a contingency the Customer may by written notice to the business elect to terminate the Agreement and pay for Services rendered and Materials used, but subject there to shall otherwise accept delivery when available.

 

6 General:

 

6.1 If any provision of the Agreement is held invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been executed with the invalid provision eliminated. In the event of there being any invalidity so fundamental as to prevent the accomplishment of the purpose of this Agreement, the parties shall immediately commence good faith negotiation to remedy such invalidity.

 

6.2 The registration or obtaining of any domain name for the Customer shall be subject always to the relevant terms and conditions of the relevant registrar and shall be subject to any third party claims there may be in respect of trademark, copyright, and/or passing off and the Customer acknowledges and warrants that it has made all investigations and considered any competing claim there may be to or in respect of the name by third parties whether in the UK or elsewhere.

 

6.3 The failure by either party to enforce at any time or for any period any one or more of the terms and conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.

 

7 Special conditions:

 

No special conditions apply to this set of terms and conditions.

 

8 Warranty:

 

8.1 Any errors in the site due to work carried out under this agreement will be corrected immediately.

 

8.2 The Customer may expect to receive basic technical support by phone or email. If the level of support required is high the business reserves the right to charge for it.

 

9 Hosting:

 

All websites are hosted via our web server at noblewebdesign.co.uk, by signing up as a Noble Web Design customer and hosting on our servers you are bound to the user agreement and terms of service defined on the hosting section of our website.