Web-studio.co.uk and the Customer have agreed the parameters for the design and content of a web site to be developed for the Customer, which parameters are detailed in the proposal.
Acting within the aforesaid parameters, Web-studio.co.uk, shall by the Completion Date:
A fee for the work will be agreed between Web-studio.co.uk and the Customer and details of the costing (hereinafter called “the Design Fee”) are set forth in the proposal.
On the signing hereof, the Customer shall agree pay to the Web-studio.co.uk website setup costs in advance and final payment on completion of acceptance testing and receiving of final statement. The Customer shall pay to Web-studio.co.uk a monthly or annual fee for the hosting of the website. The details of the fee for web site hosting is set out in the proposal. Web-studio.co.uk has the right to suspend access to the web site in the event of non-payment of any fees by the due date.
The Customer agrees to acceptance testing of the web site following a minimum of forty eight hours notice of such, and to accept the web site upon the satisfactory completion of acceptance tests. In the event that the Customer commences using the web site in relation to his business activities, the Customer shall be deemed immediately to have accepted the web site notwithstanding that the Customer had not previously accepted it Web-studio.co.uk shall design, develop and test the web site by the Completion Date, and make any mutually agreed changes within a reasonable period of time thereafter.
Any delay to the performance of the work required of Web-studio.co.uk under the Agreement caused wholly or partly by the default or neglect of the Customer shall entitle Web-studio.co.uk to an extension to the time for performance and to additional payment for any reasonable costs incurred by him/her. In the event of any such delay, Web-studio.co.uk shall endeavour to minimise such additional costs. Both Web-studio.co.uk and the Customer agree to keep a full record of the delay and its consequences and to agree the extension of time for performance and the additional payment as soon as is practicable after the reason for the delay has ceased to be operative.
Variations to the work to be carried out under the Agreement must be agreed in writing between Web-studio.co.uk and the Customer. The additional payment and extension to the time for performance, if any, shall be agreed Web-studio.co.uk and the Customer before any work associated with any such variation may be carried out, and Web-studio.co.uk and the Customer shall sign and date a written variation order specifying the additional work, payment and extension to time for the performance, if any.
Written notice is required before the start date to terminate the contract, in this case all monies will be returned.
Either party may terminate the Agreement unless otherwise provided for in the Agreement, if the other party is guilty of a material or serious breach of the Agreement, having failed to remedy that breach after being given one calendar month’s notice of the breach in writing by the parties seeking to terminate the Agreement. Notice of termination shall be served in writing by the party seeking to terminate. Any monies due at the time of termination shall remain payable and become due immediately upon termination without prejudice to any other legal remedy available to either party.
Web-studio.co.uk warrants that we will exercise reasonable skill and care in the development and the design of the web site and in selecting and incorporating any included third party software and that he will make every effort to ensure that the web site performs adequately and reliably. All licenses for third party software will be registered to the domain name. Web-studio.co.uk shall not be liable for loss, damage or expense resulting directly or indirectly from errors attributable to any act or default of the Customer, its employees, servants and agents or third party hardware or software or resulting from any act or default of any third party beyond the control of Web-studio.co.uk.
The Customer warrants that it shall use the web site in accordance with Web-studio.co.uk’s instructions and the Customer shall indemnify Web-studio.co.uk against any losses suffered by or claims made against Web-studio.co.uk by any person other than the Customer resulting from the loss, use or misuse of the web site by or with the express or implied authority or consent of the Customer. In the event of inappropriate use of the website or loading of offensive material by the Customer, Web-studio.co.uk has the right to suspend or terminate service to the web site.
Web-studio.co.uk does not provide any warranty for the performance of the world wide web but expects the web site to be available at least 99.5% of the year.