Terms of Service
Please read the following terms and conditions carefully as the conditions will form the basis of the contract for any Client instructing any service provided by The Clever Web Company. If you do not understand anything contained within these terms, we recommend you consult a solicitor for advice before entering in to an Agreement with The Clever Web Company as you will then be legally bound by the Agreement.
If you do not agree to these terms, please refrain from using our Service. These terms set out the basis on which Clients may use the Service. By using the Service, Clients accept these terms, concluded between The Clever Web Company and the Client and agree to be bound by them.
Any individual that processes an online application to instruct any of our services on behalf of themselves, a business, company, firm or organisation they represent, agrees to comply and be legally bound by the following terms and conditions as set out in this document by The Clever Web Company.
In these conditions:
The term “The Clever Web Company” or “Service Provider” and the terms “our” and “we” and “us” will be construed accordingly and refers to any parties legally responsible for The Clever Web Company Website.
The following term “Client”, “You” or “Your” refers to any individual and the business they represent that processes an online application in any capacity to publish a listing on The Clever Web Company Website.
Within this agreement, The Clever Web Company shall be the “Service Provider” and the individual and business they represent that processes an application on The Clever Web Company Website shall be the “Client”.
SERVICE & FEES
RESPONSIVE WEBSITE & ECOMMERCE WEBSITE DEVELOPMENT
1. The Service Provider is a full stack digital studio and provides a range of digital services including website, eCommerce and app design and development, domain registration, hosting, mailboxes, SEO, PPC, SMM and graphic design.
2. The Service Provider designs and develops custom built responsive information / brochure websites and eCommerce websites for the bespoke use of it’s clients on a monthly subscription basis. Subscription of a responsive information brochure website or eCommerce website is done so on a lease basis and does not entitle any ownership of any of the intellectual property, including websites files and databases belonging to the Service Provider unless they are purchased outright for an agreed fee between the Service Provider and the Client. A fee can be agreed and provided in writing by The Service Provider prior to a hosting plan being subscribed to by the Client or at any time the Client wishes to purchase and transfer a website to another hosting provider.
3. At which time a Client subscribes to one of the Service Provider’s website hosting plans, the Service Provider will build and publish a fully responsive, custom built website on behalf of the Client and deliver the website to the Client hosted on an online internet server, connected to a testing domain name belonging to the Service Provider or domain name belonging to the Client.
4. Where The Service Provider provides sample written content on the initial website build on behalf of the Client, any content produced by The Service Provider is done so on a sample basis only for inspiration for the Client to then edit any such content. The Service Provider may copy content from a similar website published on the World Wide Web being developed for the Client and this content remains the copyright material of the origin website source. Any such sample content must be edited and replaced by the Client. Failure to do so will remain the responsibility of the Client for any breach of copyright material. The Client agree’s to not hold The Service Provider responsible where the Client fails to edit any sample content. The Service Provider will provide the Client with the necessary tools and software to edit his website at any time.
5. The Service Provider agree’s to develop one free responsive website per Client. Any additional websites ordered from the Service Provider by the Client will be quoted and charged at our standard hourly rate per hours required to complete a build.
6. Website hosting plan fee’s published on our website are offered on the basis of an introductory price per new Client for an initial 12 month period of service. Prices are subject to change after the expiration of a 12 month period and at any time thereafter.
7. The Client is under no obligation to subscribe to or purchase any website the Service Provider builds on behalf of the Client and the Client retains the right to discontinue any service with the Service Provider at which time the Service Provider delivers a built and published website to the Client or at any time in the future providing a written cancellation notice is issued to the Service Provider in accordance with clauses 24, 25 and 29.
8. Hosting fee’s are due payable monthly in advance to the Service Provider. The initial monthly hosting fee is due in advance of service being commenced and subsidises the build costs of the initial website and internet hosting space. Monthly thereafter, advanced monthly hosting fee’s will subsidise 24 hour technical support, 24 hour UK telephone support, internet server hosting fee’s, domain registration fee’s, mailbox and disk space fee’s, anti-virus fee’s and unlimited use of The Service Provider’s time in the further development, maintenance and updates of the subscribed website.
9. If the Client instructs the Service Provider to make any changes to the initial responsive website build, the Service Provider will undertake these amendments but this instruction will not act as waiver to any service premiums owing to the Service Provider by the Client or delay any monthly subscription fee’s in accordance with these terms.
10. The Service Provider cannot guarantee a time frame for an initial responsive website design and build but will aim to so within a twelve week period. This time frame is subject to change based on unforeseen workload and projects may be delivered earlier or later than this estimated time frame. The Client reserves the right to cancel service with the Service Provider at any time in accordance with clauses 24, 25, 27 and 29 if an initial responsive website design and build is not deliverered within a twelve week period. Any payments already made to the Service Provider by the Client are non-refundable at which point service is commenced.
11. Where the Service Provider builds a responsive website for the sole use by the Client to publish his information on the word wide web, the website and all rights to it are owned by The Service Provider and the Client has no legal right of ownership or right to any aspect of the website in part or in full.
12. Where the Client purchases a website from The Service Provider, the Client will have full ownership and sole rights to the code of the website at which time payment is received by the Service Provider in full.
13. The Service Provider agrees to publish the website containing the Clients information in return for an agreed subscription amount payable on a monthly or annual basis. Online payment facilities, shopping carts and content management systems (CMS) may carry additional premiums.
14. If payment is not received in full on the rolling date, service may be suspended by The Service Provider until any arrears are cleared. If the Client does not request any web development work to the website the Client subscribes to in any given particular monthly period, the monthly subscription fee will not be reduced in price or be waivered in part or full.
15. Any domain names registered and paid for by The Service Provider on behalf of the Client that are subsequently leased to the Client are owned by The Clever Web Company and the Client has no right of ownership or right to the domain name if the Client terminates Service at any time. If the Client wishes to purchase any domain name subscribed to from The Service Provider that The Service Provider register’s on behalf of the Client, the Client may purchase any domain name(s) from The Service Provider for an agreed price between both parties. If a price cannot be agreed by both parties, The Service Provider is under no obligation to sell any domain name(s) to the Client.
16. Any domain names pointed to The Clever Web Company website owned by the Client or any third party, shall remain the exclusive owner of that domain name whilst being pointed to the The Clever Web Company website before, during and after it has been published or unpublished.
17. The Client agrees to not point any domain name to a website belonging to The Clever Web Company that he has not been permitted to use by the owner of any domain name.
18. Our standard hourly charge out rate is £39.99+VAT per hour on website development, database development and miscellaneous work. Our standard charge out rate for app development is £49.99+VAT per hour. Our discounted hourly charge out rate is £29.99+VAT for existing customers of our services for website development, database development and miscellaneous work.
DOMAIN REGISTRATION AND FEE’S
19. Any domain TLD registered through the Service Provider shall be for a minimum period of 12 months on an annual rolling basis agreement. If the Client wishes to transfer a domain name away from the Service Provider, the Client must do so prior to seven days before the expiry registration date. If the Client places a domain transfer request after this period, the Client shall be liable to pay the Service Provider for an additional 12 month period and a transfer away fee of £49.95+VAT. If the Client places a domain transfer request within a 12 month period, the Client shall be liable to pay the Service Provider for the remainder of the 12 month period and a transfer away fee of £49.95+VAT.
20. All monthly management fee’s for PPC campaigns must be paid monthly in advance to the Service Provider before service is commenced. This applies to all new and existing campaigns.
21. Website amendments can be submitted by the Client to the Service Provider and must be done so by way of email to our email address published on our website contact page only. Amendments sent to the Service Provider by way of any other communication means will not be guaranteed including by way of telephone, text message, voicemail, answering machine message or verbal message with miscellaneous personnel on any of our teams. The Service Provider requests amendments to be sent by way of email to ensure there are no misunderstandings with amendment requests between the Client and the Service Provider by having accountable diarized attendance notes. An amendment is defined as a minor text or image update taking no less than a few hours to complete. Additional website back end code functionality is not classed as an amendment but as additional development work. Time frames for the completion of additional development work would be at the availability of the Service Provider outside of our usual amendment terms.
22. The Service Provider will not accept responsibility for any misunderstandings regarding amendments that are provided to the Service Provider by way of any other communication means.
23. Any amendments submitted to the Service Provider will be completed within 14 days from receipt. The Service Provider aims to make any updates within two to three days of receipt but provides no assurance to this time frame. Minor amendments will be typically completed within this shorter time frame and framework amendments within the 14 day period.
24. Our unlimited amendments packages carry a fair usage policy of 16 hours work per month, limited to website development only. External website work including databases, applications, plugins installations and research and data gathering are not included in unlimited amendments packages plans and are charged out at our standard hourly rates in accordance with clause 15. Unlimited amendments on e-commerce websites are limited to framework changes and front end design changes only and do not extend to uploading or amending our clients individual products, images, prices and services.
25. Any branding, logo’s or trademarks belonging to organisations not affiliated to the Service Provider requested by the Client to the Service Provider to be put on to any website we have built for use of the Client will be deemed to have been authorised and permitted to the Client by third party organisations. The Service Provider will not accept any liability whatsoever for the Client breaching any copyright infringement or requesting logo’s be added to any website by us for their use where they have not been permitted to do so by any third party organisation.
26. If the Service Provider is notified at any time by any third party organisation that any branding belonging to them appears on a website built by us and has not been permitted by this third party, the Service Provider will unpublish any such logo until which time we have been provided with expressed written permission to do so by any third party.
27. Any responsive web hosting or mail box hosting service (excluding E-commerce responsive websites) ordered from the Service Provider are done so on a 30 day rolling basis agreement. Responsive website and mail box hosting services can be cancelled or suspended at any time by the Client by providing 30 days notice to the Service Provider from the next rolling billing date.
28. The notice period will begin from the next rolling payment date due after written cancellation is received by the Service Provider. The next rolling payment and any outstanding or due payments in accordance with these terms will be liable by the Client. Written cancellation can be issued to the Service Provider electronically or by way of post.
29. Any E-Commerce responsive websites or domain name registration services ordered with the Service Provider is done so on a 12 month rolling basis agreement and payments are due in installments on a monthly basis.
30. Payments are non-refundable at which point service is commenced. Any service cancelled within less than a completed monthly or annual period shall not be refunded in part or in full. Service is deemed commenced at which point any service provided by the Service Provider is ordered by the Client.
31. The Service Provider may suspend or cancel service at the end of any 30 day period without further notice to the customer. No further rolling payments will be liable to the Service Provider in this instance.
32. Any notice under or in connection with this Agreement shall be in writing and shall be served by being sent by letter by recorded delivery or by email at or to the address or email address of the party set out on the invoice or to such other address as may be subsequently notified by one party to the other in accordance with this clause. Cancellation can not be made or accepted by way of a telephone communication or by the cancelling of a direct debit mandate with the Service Provider.
33. The Service Provider accepts no responsibility for the failure of any notice being delivered to the Service Provider. It is the responsibility of the Client to ensure the Service Provider receives any cancellation notice that the Client sends to the Service Provider. The Client shall follow up the sending of any cancellation notice with a request of email confirmation from the Service Provider that the cancellation notice has been received and accepted by the Service Provider.
34. The Client may not assume cancellation of Service has been processed until which time the Client has received confirmation by way of email that a cancellation notice has been received and accepted by the Service Provider. The Client will remain liable to continue to subsidise payment for Service to the Service Provider until which time the Client has received confirmation by way of email that the Service Provider has received and accepted a cancellation notice.
JURISDICTION AND NOTICE
35. No variation or amendment to this Contract shall be valid unless committed to writing and signed by or on behalf of both parties in accordance with clause 20.
36. The Clever Web Company shall not be liable for non-performance if this is due wholly or in part to an act of God, war, strikes, fire, flood or any cause beyond The Clever Web Company control.
37. The Clever Web Company is not responsible for the instruction of marketing sources for the Client or to advise marketing strategies.
38. The Clever Web Company is an independent profit-making private firm. The Clever Web Company is not associated and does not work in partnership with Apple Inc or Google. The Client agrees to not hold The Clever Web Company responsible for any legal judgement.
39. The Clever Web Company is not a charity and has no association, link, partnership or involvement with any charity and does not donate any money to any charity.
40. The Clever Web Company accepts no liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence).
41. The Clever Web Company will use personal information which we hold about the Client to provide our Services and products to the Client, for credit control and market research purposes and to inform the Client about our other Services, products or events we provide that we believe may be of interest to the Client. The associated costs involved with other Services that The Clever Web Company offers will be advised in writing. The Clever Web Company may only share the Clients information with staff or other specialist networks with the sole purpose of undertaking the task provided and stated in section: – Services. The Client has the right, by written request, to a copy of any personal data (as defined in the Data Protection Act 1998) which The Clever Web Company holds about the Client.
43. The Clever Web Company reserves the right to make changes to these terms and conditions from time to time. Any changes will be notified in writing to the Client.
44. Telephone calls, online calls and video calls, consultations, conference calls and scheduled calls or in person meetings onsite or offsite are charged out at our standard website development hourly rate for time incurred which is set at £19.99+VAT per hour. Fee’s do not apply for time incurred relating to general enquiries, updates and follow up calls as deemed at our discretion. Any fee’s due payable will be notified in advance.
45. Contracts from a limited company are accepted on condition that all the directors of the company are personally, jointly and severally liable for any sums due to the Service Provider for costs, expenses and VAT, even in the event where a limited company is struck off the register.
46. If the Client changes his address or contact details at any time, it is the responsibility of the Client to notify The Service Provider in writing. It is not the responsibility of The Service Provider to regularly contact the Client to establish if the Client has changed his address or contact details.
47. The Service Provider shall be entitled to claim interest under Section 69 of the County Courts Act 1984 at the rate of 8 per cent a year in the daily rate of interest multiplied by the number of days that have passed since the money became owing to The Service Provider. Interest at the same rate up to the date of judgment or earlier payment at a daily rate of the same value will also be applied for.
48. Under The Late Payment of Commercial Debts Interest Act 1998, The Service Provider is entitled to compensation on any late payments it receives that are made outside of agreed invoicing terms and will make any such payment demand to its customers.
49. The Service Provider will pass any unpaid invoices outside of agreed payment terms to it’s debt recovery partner to pursue outstanding payments on its behalf. Our debt recovery partner may charge fee’s that they are lawfully entitled to receive under English and Welsh law. By instructing our services, the customer agree’s to be liable for any such fee’s lawfully owing to our debt recovery partner in the event any unpaid invoices outside of agreed payment terms are passed over to our debt recovery partner.
50. The Service Provider’s debt recovery partner administers a 15% +VAT charge on any outstanding commercial debts owing to The Service Provider (business to business) and a 19% +VAT charge on any outstanding consumer debts owing to The Service Provider (business to consumer).
51. If the Client is unhappy with any aspect of the Service provided by the Service Provider, the Client should contact our Head of Client Services. Any complaints will be dealt with sympathetically and the Service Provider will work with the Client to reach a satisfactory conclusion.