User Terms & Conditions - Legal Guidelines in Devizes, Wiltshire

1.1 Agreement
Agreement means the entire content of this Basic terms and Conditions document.

1.2 The client
The company or individual who has agreed to take out work with Paradise Websites.

1.3 The work
As detailed in our quotation

1.4 Other definitions

Domain Name - the root address of a website, e.g.& www.thewebaddress.com. All such names must be registered with the appropriate naming authority, which will usually charge a fee.

Downtime - time when the website is not accessible via the Internet. This may be because of a technical failure of the Host or because work is being carried out on the site.

Host - the company on whose system the Website physically resides.

Link, Hyperlink - a 'clickable' link embedded on a web page, which may take the form of a graphic or text.

Search Engine - a website which contains a directory of websites on the Internet enabling users to find websites by subject matter classification.

Website - a collection of web pages and associated code, which forms an integrated presence.

2.1 Fee Payable
Before work commences, a non-refundable deposit of 50% of the total fee payable under the contract is due immediately upon the signing of the contract. The remaining 50% shall become due when the Work is completed to the reasonable satisfaction of the Client but subject to the terms of Clause 4.5 Approval of Work and Clause 4.6 Rejected Work hereof.

2.1.1 Fee Payable Exceptions to 2.1
The non-refundable deposit of 50% may be waived by prior agreement with the full 100% becoming due when the Work is completed to the reasonable satisfaction of the Client but subject to the terms of Clause 4.5 Approval of Work and Clause 4.6 Rejected Work hereof.

2.2 If a choice of designs is presented, only one solution is deemed to be given by Paradise Websites as fulfilling the contract. All other designs remain the property of Paradise Websites.

2.3 Fees for other services
The Client will be informed in good time of any fees chargeable for additional services over and above those stated in the original estimate. These charges will become payable in full at final invoice when the Work is deemed to be complete.

3.1 Warranties
Paradise Websites makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Paradise Websites will not be held responsible for any and all damages resulting from products and/or services it supplies. Paradise Websites is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Client agrees not to hold Paradise Websites responsible for any such loss or damage. Any claim against Paradise Websites shall be limited to the relevant fee(s) paid by the Client.

3.2 Third Parties
Paradise Websites reserve the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Paradise Websites will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.

Paradise Websites and its Clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Paradise Websites recommends that if an exact quantity is required, then 10% extra is added to the order.

3.3 Approval of Artwork for Print
Design and artwork does not include proof reading. The Client agrees to proof read and approve all final copy before the production of artwork. An email verification from the Client or Client's Representative shall be conclusive as to the approval of all artwork prior to its release for printing. While Paradise Websites takes all care to avoid errors, Paradise Websites accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project approved by a client. No refunds or reprints are given after a final approved design has gone to print due to oversights by the Client's proof reading.

3.4 Status and Duration of Offers
Proposals and offers are valid for a period of one month from the date issued. Paradise Websites is not bound to honour offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the month that the offer is valid. If an acceptable timetable has not been approved by both parties within one month of the offer being made, the offer is deemed to have expired.

3.5 Maintenance and Correction of Errors
Paradise Websites takes no responsibility for the functionality or maintenance (unless a maintenance contract is in place) of the Website after the Work has been completed. Errors (both technical and typographical) attributable to Paradise Websites will be corrected free of charge for a period of 3 months after completion of the Work. However, Paradise Websites reserves the right to charge a reasonable fee for correction of errors for which Paradise Websites is not responsible, including, but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided to Paradise Websites by the Client.

3.6 Extent of Work
Installation on the Internet is limited to the uploading of all necessary files to the Host, and testing of functionality. No registration of the Website with Search Engines will be undertaken unless otherwise agreed with the Client.

3.7 Consequential Loss
Under no circumstances will Paradise Websites be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure.

3.8 Status and Duration of Offers
Proposals and offers are valid for a period of one month from the date issued. Paradise Websites is not bound to honour offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the month that the offer is valid. If an acceptable timetable has not been approved by both parties within one month of the offer being made, the offer is deemed to have expired.

3.9 Search Engine Listings
Paradise Websites does not guarantee listings on Search Engines and the Client accepts that it is Search Engines and not Paradise Websites who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines and that a new website may never even appear on Search Engines at all. Paradise Websites does not control Search Engines' algorithms and huge shifts can appear daily, weekly and even hourly.

4.1 Completion of Work
Paradise Websites warrants completing the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client. Paradise Websites will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement. Paradise Websites will not undertake changes to the specifications of the Work which would increase the cost, without prior written authorisation from the Client. Copyright is retained by Paul Paradise on all design work including visuals until all invoices have been settled.

4.2 Supply of Materials
Paradise Websites requires the Client to provide all necessary materials, information, and updates to fulfil the Work as per the agreed-upon specifications. These materials may encompass, among others, photographs, text content, logos, and various printed items as well as updates to continue with the Work. Should the Client not provide these essential materials, resulting in a delay of the Work, Paradise Websites reserves the right to reasonably extend the set deadlines. Moreover, if the Client's omission hinders the Work's progress for over 21 days, Paradise Websites is entitled to bill the Client for any portion of the Work that has been completed to date.

4.3 Data Formats
The client agrees to Paradise Websites's definition of acceptable means of supplying data to the company.

Text is to be supplied to Paradise Websites in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail. Images which are supplied in an electronic format, are to be provided via CD-ROM, or e-mail. Images must be of a quality suitable for use and Paradise Websites will not be held responsible for any image quality which the Client later deems to be unacceptable. Paradise Websites cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

The customer agrees to supply Paradise Websites with all necessary materials, electronic, or otherwise, required to create and complete the project before work commences.

4.4 Time Schedule of Work
Any indication by Paradise Websites of a Work time schedule is to be considered an estimate and runs from the date that cleared funds amounting to 50% of the contract value are received by Paradise Websites or from an agreed start time. Paradise Websites cannot be held responsible for any time schedule over-run, whatever the cause.

4.5 Approval of Work
On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Paradise Websites, in writing, of any unsatisfactory points within 7 days of receipt of such notification. Any of the Work which has not been reported in writing to Paradise Websites as unsatisfactory within the 7 day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the 50% balancing payment under Clause 2.1 Fee Payable will become due. The Contract will remain in effect until all obligations have been completed in terms of this Clause.

4.6 Rejected Work
If the Client rejects the Work within the 7 day review period, or will not approve subsequent Work performed by Paradise Websites to remedy any points reported by the Client as unsatisfactory, and Paradise Websites considers that the Client is unreasonable in his repeated rejection of the Work, the contract will be deemed to have expired and Paradise Websites can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.

4.7 Payment
Upon completion of 7 day review period, Paradise Websites will invoice the Client for the 50% balancing payment in accordance with Clause 2.1 Fee Payable hereof, which, in the absence of agreement to the contrary, is to be paid by the Client within 30 days of the date that the invoice was issued.

4.8 Remedies for Overdue Payment
If payment has not been received by the due date, Paradise Websites has the right to suspend ongoing work for the Client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 30 days after the due date, Paradise Websites has the right to charge an additional 2% credit charge for each day that the payment remains outstanding. Non-payment will result in legal action being taken if necessary. The Client agrees to pay Paul Paradise reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

4.9 Cancellation of a contract
The Client will formally notify Paradise Websites of the proposed cancellation of a contract by email or in writing. The Client will be invoiced for all work completed up to the point of the cancellation date at the standard Paradise Websites daily rate of £280.

5.1 Offers and Proposals
Offers and proposals made by Paradise Websites to potential clients should be treated as trade secrets and remain the property of Paradise Websites. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from Paradise Websites. This includes, but is not limited to, aspects of the design and pricing information.

5.2 Warranty by Client as to Ownership of Intellectual Property Rights
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Paradise Websites for inclusion in the Work. The conclusion of a contract between Paradise Websites and the Client shall be regarded as a guarantee by the Client to Paradise Websites that all such permissions and authorities have been obtained and that the inclusion of such material would not constitute a criminal offence or civil delict. By agreeing to these terms and conditions, the Client removes the legal responsibility of Paradise Websites and indemnifies the same from any claims or legal actions however related to the content of the Client's site.

5.3 Permissions of use
Once Paradise Websites has received full payment of all outstanding invoices and the Work has been approved by the Client in accordance with Clause 4.5 Approval of Work, the Client will be granted permission for its use.

5.4 Domain Name
Any Domain Name obtained will belong to the Client. The Client agrees to indemnify Paradise Websites, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party. The Client warrants that the domain name sought is not a trademark of a third party.

5.5 Licensing
Once Paradise Websites has received full payment of all outstanding invoices and the Work has been approved by the Client in accordance with Clause 4.5 hereof, the Client will be granted a perpetual, worldwide and royalty-free licence to use the Website and its contents.

5.6 Trade Secrets
Any code that is not freely accessible to third parties and not in the public domain, and to which Paradise Websites or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from Paradise Websites. Unless previously agreed otherwise in writing, no modifications may be made by the Client or any third party to code to which Paradise Websites or their suppliers owns the copyright. Paradise Websites acknowledges the intellectual property rights of the Client. Information passed in written form to Paradise Websites, and that the Client has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the Client.

6.1 Right to Terminate
Paradise Websites reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable or in breach of Clause 5.2.

6.2 Events Beyond the Control of Paradise Websites
Paradise Websites will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Paradise Websites.

6.3 Supply and Pricing of Services
Paradise Websites reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.

7.1 Jurisdiction
This Agreement shall be governed by the laws of The United Kingdom. In the event of a dispute arising out of this agreement, the parties agree to attempt to resolve this by negotiation. The said contract is void where prohibited by law.

7.2 Survival of Contract
Where one or more terms of the said 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.

7.3 Change of Terms and Conditions
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form and may change at any time. The Client will be informed of revisions as and when they are issued.

Standard Terms and Conditions v1 October 2023

Paradise Websites STANDARD TERMS AND CONDITIONS: WEB DESIGN AND DEVELOPMENT