1. Acceptance
A copy of these terms and conditions must be signed by all new customers prior to or at the time of submission of work to us, indicating agreement to and acceptance of these Terms and Conditions.
2. Charges
Charges for services to be provided by us are defined in the quotation. Payment for services is to be made by cheque. Cheques should be made payable to Mr Ben R Davis.
3. Customer Review and Approval
frozen grape will provide you with an opportunity to review the appearance and content of the website during the design period and on completion. On completion of the project, the website will be deemed to be accepted and approved unless you notify us otherwise within seven days of the date we advise you that final version of the website is made available to you for approval.
4. Payment
We will provide an invoice to cover thepayment for the website design and any associated services upon completion of the work. Invoices are normally sent by post. In the event that they are sent by email or fax, you may request a "hard copy" by post. Invoices are due upon receipt. Accounts remaining unpaid thirty days after the invoice date will attract a service charge of two percent of the amount due or £25 per month, whichever is the higher. If payment is not received within a further seven days, the responsibility for recovery of the money will be transferred to a debt recovery agency.
5. Default
Accounts unpaid thirty days after the date of invoice will be considered in default. We will, at our discretion, remove the website files from our web server and will not be held responsible for any loss of data incurred. Removal of such material does not relieve you of the obligation to pay any outstanding charges. Cheques returned by the bank as unpaid for any reason will attract a "returned cheque" charge of £25 and your account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay us reasonable expenses incurred by us in enforcing these Terms and Conditions, including but not limited to legal fees and costs for collection by third-party agencies.
6. Termination
Termination of services by you must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. You will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty days and the terms laid out in clauses 4 and 5 above will apply.
7. Copyright
You retain the copyright to data, files and logos provided by you and grant us the right to publish and use such material. You must obtain permission and rights to use any information or files that are copyrighted by a third party. You are further responsible for granting us permission and right to use the same and agree to indemnify and hold us harmless from any and all claims resulting from any negligence on your part or your inability to obtain proper copyright permission. A contract for website design and/or publication shall be regarded as a guarantee by you to us that all such permissions and authorities have been obtained, regardless of whether or not we have had sight of documents granting such permission and authority.
8. Design Credit
A link to the frozen grape website http://www.frozengrape.co.uk with the wording "Design by frozen grape" or, if the site is to be hosted by us, "Design and hosting by frozen grape" will appear in either small type or by a small graphic at the bottom of each page of your website.
10. Access Requirements
If your website is to be installed on a third-party server, we must be granted such temporary read/write access to the site’s storage directories as is necessary to enable the website to be installed via FTP.
11. Alterations after publication.
We cannot accept responsibility for any alterations carried out to your website by you or any third party following publication to the site’s web space.
12. General
These Terms and Conditions supersede all previous representations, understandings or agreements. Your signature accepting a quotation, or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
13. Governing Law
This Agreement shall be governed by English Law.
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