Webgear Design Solutions – Terms and Conditions

By placing an order with Webgear Design Solutions, you confirm that you are in agreement with and bound by the terms and conditions below.
For the purposes of these Terms and Conditions the company or individual requesting the services of Webgear Design Solutions shall be known as ‘the Client’.

General Conditions

Webgear Design Solutions will only commence work once an order has been placed by either phone, email or in writing. An ‘order’ is deemed to be a verbal or written contract between Webgear Design Solutions and the Client including telephone and email agreements.

Website Design

Whilst every effort will be made to ensure that the website and any scripts or programs are error-free, Webgear Design Solutions cannot accept liability for any losses incurred due to failure or malfunction of the website or any part of it.

All website code and graphics will remain the property of Webgear Design Solutions until all accounts are paid in full.

Any code written by Webgear Design Solutions remains the copyright of Webgear Design Solutions (unless prior agreement otherwise) and may only be reproduced or reused commercially with the permission of Webgear Design Solutions.

Webgear Design Solutions accept no responsibility for copyright infringements caused by materials used and submitted to us by the Client. Webgear Design Solutions reserve the right to refuse any material that it believes to contravene copyright laws unless proof is given that permission has been granted to use the material.

Webgear Design Solutions will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Once designed, a draft version of the website will be made live for testing by the Client. Once this basic design has been agreed to via email or verbally, any major changes to the layout or general design may be chargeable.

Webgear Design Solutions will not be liable or become involved in any disputes between the site owner and any other party and cannot be held responsible for any unlawful behaviour or other wrongdoing by the site owner.

If the site is hosted by Webgear Design Solutions we will endeavour to maintain the website in a fully operational condition without errors. Webgear Design Solutions cannot always guarantee that this will be the case and as such cannot accept liability for any defects which may exist, economic losses (including revenues and profits), loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to the use of the website or their inability to access the website.

Webgear Design Solutions reserve the right to require a deposit of 25% before any design work will be carried out.

When work on a website has been completed the final balance of payment is then due in accordance with our terms of payment. Upon completion, if the Client decides they no longer want the site, they are still obliged to pay for all work that has been done. i.e. if the site has been completed, all monies are now due for payment with no exception.

Databases and E-commerce

Webgear Design Solutions cannot take responsibility for any losses or costs incurred by the use of any software or system created for the Client. Whilst we have taken every care to ensure products are fully functional and accurate, the onus is with the Client to ensuring that all systems and software are correctly functioning before use.

Compatibility

Whilst every measure will be made to ensure compatibility with a wide range of web browsing software we can offer no guarantees of correct function with all browser software and cannot accept responsibility for loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to a third parties inability to access the website due to browser incompatibility.

Website Hosting

Where Webgear Design Solutions host a clients website, we cannot be held responsible for difficulties experienced when accessing the website or individual parts of the clients website due to circumstances beyond our control. These may include (but are not limited to): problems with the clients internet service provider or other third party, failure (partial or whole) of server hardware or software, disruption or failure of any service that prevents Webgear Design Solutions functioning in a normal manner, natural disaster, weather, war, invasion, riot and other civil disorder, rebellion and revolution.

Webgear Design Solutions reserve the right to refuse to handle in any way, material which may be deemed obscene or pornographic, contains abusive or offensive language, anything that may be construed as threatening or defamatory or any material to which the Client has no rights.

Domain Transfers

Webgear Design Solutions cannot be held responsible for the loss of email data or website functionality during transfer of domain name (however long it takes) to or from Webgear Design Solution’s webspace and as such cannot accept liability for any economic losses (including revenues and profits), loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to the loss of website functionality, loss of email data or their inability to access the email data.

Payment

A deposit of up to 25% may be required from a new client before any work is carried out. This deposit is non-refundable once work has started. All accounts are Strictly 30 days Nett (unless other prior arrangement has been made) meaning that all monies due to Webgear Design Solutions must be paid within 30 days of completion of work. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due. If 6 months has elapsed since commencement of work and cost of work undertaken is deemed greater than the deposit amount paid then Webgear Design Solutions may ask for payment to cover the work done up to that date.

Outstanding accounts (30 days or older) will accrue a daily late payment fee of 8% above base on the value of the outstanding amount. Webgear Deisgn Solutions reserve the right to charge for costs and expenses incurred in recovering late payments and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date. A copy of “The Act” is available from www.opsi.gov.uk/acts/acts1998/19980020.htm

If, after repeated requests for payment have been ignored, or no contact can be made with the Client to make arrangement for payment of any monies owed, Webgear Design Solutions reserve the right to disable the Clients website or system until such time as we receive all outstanding monies. Following consistent non payment of an invoice our Solicitors will contact the Client in question, with a view to taking the matter further and if the need arises to seek payment through legal proceedings, and if necessary court summons.