Terms and Conditions
These terms and conditions are applicable to all Web Development projects that are undertaken by firstByte.
A copy of these terms and conditions is submitted along with project quotations and must be agreed prior to work commencing. Alternatively, payment of an advance fee is an acceptance of our terms and conditions. These terms and conditions are always available on our website for review.
Charges for services to be provided by firstByte are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days unless alternate timescales have been agreed beforehand with the Client. firstByte reserves the right to alter or decline to provide a quotation after expiry of the valid timescale.
All Web Development projects will require an advance payment of fifty (50) percent of the project quotation total before work will commence. The remaining balance of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Charges for web development do not cover the release of source Photoshop or Flash files; if the Client requires these items then a separate quotation can be prepared.
Payment for services is due by online payment
firstByte will provide the Client with an opportunity to review the appearance and content of the Web site during the design and on completion. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies firstByte otherwise within ten (10) days of the date the materials are made available to the Client.
In order to maintain quoted project schedules firstByte requires the Client to complete any review within three (3) days of any request to do so.
In the majority of projects, firstByte will install and publicly post or supply the Client's Web site by the date specified in the project proposal. If no such date is specified, the timescale shall be within four weeks of the date initial payment is received from the Client, unless a delay is specifically requested by the Client and agreed by firstByte. An alternate timescale can be agreed during the initial project discussion.
In return, the Client agrees to delegate a single individual as ‘first-point-of-call’ to aid firstByte with completing the project in a satisfactory and expedient manner.
During the project, firstByte will require the Client to provide copy and images. If content is not provided within four (4) weeks of an official request by email then firstByte reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time.
If content is not provided within eight (8) weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. firstByte will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.
Invoices will be provided by firstByte upon completion of the work for Web Development and Design and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices. Invoices are due within fifteen (15) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after sixty (60) days then firstByte will consider the account to be in default.
If the Client in default has any information or files on firstByte's Web Server, firstByte can, at its discretion, remove all such material from its web server. firstByte is not responsible for any loss of data incurred due to the removal of the service. If the Client requests firstByte to re-install this material to its web server then firstByte will agree, at its discretion, to re-install the material after agreement is reached on a new quotation document and once the original fees have been paid.
Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account.
Clients with accounts in default agree to pay firstByte reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by firstByte in enforcing these Terms and Conditions.
Termination of the Web Development project by the Client must be requested in writing and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within fifteen (15) days.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants firstByte the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting firstByte permission and rights for use of the same and agrees to indemnify and hold harmless firstByte from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions.
A contract for web site design and/or placement shall be regarded as a guarantee by the Client to firstByte that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via email, CD-Rom, DVD, or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format.
The specific requirements will be discussed and agreed with the Client prior to commencement of the project. Although every reasonable attempt shall be made by firstByte to return to the Client any images or printed material provided for use in creation of the Client's Web site, such return cannot be guaranteed.
If the Client's Web site is to be installed on a third-party server, firstByte must be granted temporary read/write access to the Client's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
firstByte cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. firstByte may require a one-off Web Development charge before resolving any issues that may arise.
firstByte may require the usage of third party services – for example, credit card processing – to complete the Client's project requirements and will ensure these services are integrated into the project and working correctly upon completion.
firstByte cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client's website and may require a one-off Web Development charge before resolving any problems that may arise.
Unless specifically agreed with the Client at the start of the project all websites will be hosted on firstByte's Web Server. From time to time, server failures can occur that can cause data loss or corruption.
firstByte will keep an initial backup copy of all websites that it uploads to the Server. For Websites that the Client can modify using Content Management it is the responsibility of the Client to keep a backup copy of the changes made.
In the case of a server failure that causes data loss or corruption, firstByte will re-install its own or the client's backup, whichever is the most current, at no charge to the Client.
Unless specifically contracted to provide a backup service, firstByte will not be help responsible for data loss due to the Client's failure to keep adequate backup copies.
For Websites where firstByte provides a free domain name, this is only done on the condition that firstByte hosts the website.
For cases where the Client arranges his own hosting, then firstByte reserves the right to charge for the domain name on an annual basis in which case the Client will be invoiced by firstByte 30 days prior to the renewal date.
If the Client does not wish to keep the domain name then the Client must notify firstByte by email no later that ten (10) days before the expiration date otherwise firstByte reserves the right to charge the client for renewal.
The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of firstByte. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
If the client requests firstByte to recover a domain name after it has expired due to a failure by the Client to adhere to these terms and conditions then firstByte reserves the right to charge a restoration fee of £50.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
This Agreement shall be governed by English Law.
