GWD&M / Terms and Conditions

The following terms and conditions apply to all website development / design / marketing services provided by Ginger Website Design and Marketing.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of my services implies that you have read and accepted my Terms and Conditions.

Charges

Charges for services to be provided by Ginger Website Design and Marketing are defined in the quote sent to the client via e-mail. Quotes are valid for a period of 30 days. Ginger Website Design and Marketing reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all services require an advance payment in full before any work commences. This payment can be done using a debit or credit card via my online payment portal here, or by BACS transfer.

Client Review

Ginger Website Design and Marketing will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Ginger Website Design and Marketing otherwise within ten (10) days of the date the materials are made available to the Client.

Turnaround Time and Content Control

Ginger Website Design and Marketing will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with the Client upon Ginger Website Design and Marketing receiving payment, unless a delay is specifically requested by the Client and agreed by Ginger Website Design and Marketing.

In return, the Client agrees to delegate a single individual as a primary contact to aid Ginger Website Design and Marketing with progressing the commission in a satisfactory and expedient manner. During the project, Ginger Website Design and Marketing will require the Client to provide website content; text (or copy), images, and any other required content for the build of the website.

Failure to provide required website content:

Ginger Website Design and Marketing is a small business, to remain efficient I must ensure that work I have programmed is carried out at the scheduled time. On occasions I may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why I ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we I not been given the required information in the agreed time frame, I cannot and will not be held responsible for the delay in the go live date for your website or other works /project deadlines.

NOTE: Text (copy) content should be delivered as a Microsoft Word file, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact me if you require clarification on this.

Payment

Invoices will be provided by Ginger Website Design and Marketing prior to any work commencing.

Additional Expenses

The Client agrees to reimburse Ginger Website Design and Marketing for any additional expenses necessary for the completion of the work. Examples would be purchase of special website themes, plugins, fonts, stock photography etc.

Web Browsers

Ginger Website Design and Marketing makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Chrome, Firefox, Edge, etc.). The Client agrees that Ginger Website Design and Marketing cannot guarantee correct functionality with all browser software across different operating systems.

Ginger Website Design and Marketing cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Ginger Website Design and Marketing reserves the right to quote for any work involved in changing the website design or website code for the Clients website to work with updated browser software.

Renewals

Each year your website domain and hosting will need to be renewed. Ginger Website Design and Marketing will inform you at least 30 days in advance of such renewals that are due for payment.  Failure to pay for your domain renewal will result in the loss of your website, and can lead to the loss of domain ownership. Failure to renew your website hosting will indefinitely result in the loss of your website.

Website Backups

Please note, that any websites you have hosted by Ginger Website Design and Marketing are NOT automatically backed up. We do offer a website backup service at an additional charge, this is however not included in the initial cost for the design of your website. If you would like to know more about our website backup service, please contact me.

In the event that your renewals are not paid by the date requested on your invoice and should your website go down, Ginger Website Design and Marketing accepts no liability for there being no backup of your website to reinstate it.

If an invoice remains unpaid or some time and the Client fails to communicate, Ginger Website Design and Marketing will, at its discretion, remove all such material from its web space. Ginger Website Design and Marketing is not responsible for any loss of data incurred due to the removal of the service.

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 Ginger Website Design and Marketing reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Ginger Website Design and Marketing in enforcing these Terms and Conditions.

Indemnity

All Ginger Website Design and Marketing services may be used for lawful purposes only. You agree to indemnify and hold Ginger Website Design and Marketing harmless from any claims resulting from your use of my service should they cause any damage to you or any other party.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Ginger Website Design and Marketing 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 Ginger Website Design and Marketing permission and rights for use of the same and agrees to indemnify and hold harmless Ginger Website Design and Marketing from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Ginger Website Design and Marketing that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client via Word Document or email in electronic format, and that all photographs and other graphics will be provided in high resolution.

Design Credit

A link to Ginger Website Design and Marketing will appear in a small font in the bottom bar of your website. The Client also agrees that the website developed for the Client may be presented in Ginger Website Design and Marketing’s portfolio.

Access Requirements

If the Client’s website is to be installed on a third-party server, Ginger Website Design and Marketing must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post-Placement Alterations

Ginger Website Design and Marketing cannot accept responsibility for any alterations caused by a third party occurring to the Client’s website pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Domain Name Registration

Ginger Website Design and Marketing may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Ginger Website Design and Marketing. The Client should also keep a record of the due dates for payment to ensure that payment is received in good time.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. Payment by a Client of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of my Terms and Conditions.

Governing Law

This Agreement shall be governed by English Law.

Liability

Ginger Website Design and Marketing hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
  • Loss or damage to clients’ copy / artwork / photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Ginger Website Design and Marketing to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

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