1.1 Access to and use of 'edinburghwebsites.com' both within the UK and internationally is provided by Edinburgh Websites on the following terms:
1.2 By using edinburghwebsites.com you agree to be bound by these terms, which shall take effect immediately on your first use of edinburghwebsites.com. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to edinburghwebsites.com.
1.3 Edinburgh Websites may change these terms from time to time and so you should check these terms regularly. Your continued use of edinburghwebsites.com will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website.
2. Use of edinburghwebsites.com
2.1 You agree to use edinburghwebsites.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of edinburghwebsites.com. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within edinburghwebsites.com.
3. Intellectual Property
3.1 All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on edinburghwebsites.com and all content (including all applications) located on the site shall remain vested in Edinburgh Websites or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use edinburghwebsites.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any edinburghwebsites.com content except for your own personal, non-commercial use. Any other use of edinburghwebsites.com content requires the prior written permission of Edinburgh Websites.
3.2 The names, images and logos identifying Edinburgh Websites or third parties and their products and services are subject to copyright, design rights and trade marks of Edinburgh Websites and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Edinburgh Websites or any other third party.
4. Disclaimers & Limitation of Liability
4.1 Any links to third party websites from edinburghwebsites.com do not amount to any endorsement of that site by Edinburgh Websites and any use of that site by you is at your own risk.
4.2 Edinburghwebsites.com content, including the information, names, images, pictures, logos and icons regarding or relating to Edinburgh Websites, its products and services (or to third party products and services), is provided "as is" and on an "as available" basis. To the extent permitted by law, Edinburgh Websites excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non- infringement, compatibility, security and accuracy. Edinburgh Websites does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by Edinburgh Websites is correct at the time of publication no responsibility is accepted by or on behalf of Edinburgh Websites for any errors, omissions or inaccurate content on the website.
4.3 Nothing in these terms limits or excludes Edinburgh Websites liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, Edinburgh Websites shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of edinburghwebsites.com regardless of the form of action.
4.4 Edinburgh Websites do not warrant that functions available on edinburghwebsites.com will be uninterrupted or error free, that defects will be corrected, or that edinburghwebsites.com or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
5.1 If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
5.2 The failure or delay of Edinburgh Websites to exercise or enforce any right in these terms does not waive Edinburgh Websites right to enforce that right.
5.3 These terms shall be governed by and interpreted in accordance with the laws of Scotland which shall have exclusive jurisdiction over any disputes.
1. These 'Terms & Conditions' form the 'Contract of Business' between us [Edinburgh Websites] and you, the client.
2.1 We'll always do our best to fulfil your needs and meet your expectations, but it's important to have things written down so that we both know what's what, who should do what and when, and what will happen if something goes wrong.
2.2 In this contract, you won't find any complicated legal terms or long passages of unreadable text. We've no desire to trick you into entering into something that you might later regret. What we do want is what's best for both parties, now and in the future.
3. So in short;
3.1 You, the customer, are hiring us [Edinburgh Websites] located at 3a Clarence Street, Edinburgh, Scotland EH3 5AE to design and develop a website for the agreed price as outlined in our previous correspondence. Of course it's a little more complicated, but we'll get to that.
4. What do both parties agree to do?
4.1 You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You'll provide us with everything we need to complete the project. You'll do this when we ask and provide it in the formats we need. You'll review our work, provide feedback and declare your approval in a timely manner too. Deadlines work two ways, so you'll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
4.2 Us: We have the experience and ability to do everything we've agreed with you and we'll do it all in a professional and timely manner. We'll endeavour to meet every deadline that's set and on top of that we'll maintain the confidentiality of everything you give us.
5.1 We create look-and-feel designs, and responsive layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won't waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) We call that 'design atmosphere'.
5.2 We'll share a folder repository with you so you'll have plenty of opportunities to review our work and provide feedback. If, at any stage, you're not happy with the direction our work is taking, you'll pay us in full for everything we've produced until that point and cancel the contract.
6. Text Content
6.1 We're not responsible for writing or inputting any text copy. If you'd like us to write new textual content or input text for you using CMS or shopping cart programs [apps], we can provide a separate estimate for that.
7. Graphics & Photographs
7.1 You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you'd like us to search for photographs for you, we can provide a separate estimate for that. If you prefer, we can put you in touch with a professional photographer.
9. Browser Testing
9.1 Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person's experience of a design should be appropriate to the capabilities of a browser or device.
9.2 Desktop Browser Testing
9.2.1 As standard, we only test our work in current versions of major desktop browsers including those produced by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer / Edge), Mozilla (Firefox) and Opera.
9.3 Mobile Browser Testing
9.3.1 Testing using popular smaller screen devices is essential in ensuring that a person's experience of a design is appropriate to the capabilities of the device they're using.
9.3.2 We test our designs on popular smart phone and tablet browsers that use operating systems such as Apple iOS, Google Android, Windows, Blackberry OS, etc.
10. Hosting Services
10.1 We use a preferred hosting provider based in the UK.
10.2 Annual renewal costs for domain name(s) and the hosting service(s) are applicable. These costs will be explained to you from the outset. The first year amount for these services will be included in your original estimate.
10.3 For security reasons, we do not allow clients Web Control Panel or FTP access.
10.4 You are responsible for protecting the passwords we issue for your email accounts and for keeping them safe and confidential. You should contact us immediately if you think your account(s) may have been compromised.
10.5 You must not use any of your hosting services, including email, for the transmission of illegal material. You agree to refrain from sending or receiving any materials which may be deemed to be offensive, abusive, hateful, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future legal statutes in force. You agree to refrain from sending or receiving any material which may be in breach of copyright (including Intellectual Property Rights), confidence, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should take independent legal advice.
10.6 From time to time, we may be advised by the hosting company that there are critical vulnerabilities in specific software, scripts or apps. This means that urgent upgrades are required and we will carry these out at the earliest opportunity. Whilst we will make every effort to contact you regarding this, we cannot guarantee to do so. Fees for such work shall be paid by you. This is a very rare occurrence and is only required when a client web server is at high risk of invasion by hackers and the hosting company are proposing a partial or complete block of that client web server.
10.7 Having taken all reasonable precautions, we do not accept any liability for circumstances outwith our control in relation to any loss of hosting connectivity and any associated downtime from network, server or power outages and other such outages caused by Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks or any other hacking related attacks or essential maintenance.
10.8 If you wish terminate your relationship with us and take control of the Control Panel with access to your domain name(s) and hosting services, this is perfectly acceptable. There will however, be a standard charge of £ 80.00 so we can organise this.
11. Technical Support
11.1 As we are not a website hosting company ourselves, we can only provide limited technical support. We will in the first instance, contact the hosting company for a status report on issues arising.
11.2 We can usually help with the setting up of POP / IMAP email accounts on desktop computers, laptops and smart devices.
11.3 Our work is fully guaranteed and if something needs fixing, we’ll action it at the earliest opportunity.
12. Search Engine Optimisation (SEO)
12.1 We don't guarantee improvements to search engine ranking for your website. Web pages that we develop, are accessible to search engines and we will always follow and implement current content guidelines as set out by such companies as Google, Bing and Yahoo. We are happy to discuss what this includes.
13. Changes & Revisions
13.1 The price we quote for new websites is based upon the agreed size and scope, but we're happy to be flexible. If you want to change your mind or add anything new, that won't be a problem and we'll provide a separate estimate for that.
13.2 Any future changes or revisions made by us, after the completion of your website, will be charged at £40.00 per hour, pro rata.
14. Legal Stuff
14.1 We can't guarantee that our work will be error-free and so we can't be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you've advised us of them.
14.2 We reserve the right to revise and amend these terms and conditions from time to time, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
14.3 Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
15.1 First, you guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you have permission to use them.
15.2 Then, when your final payment has cleared, copyright will be automatically assigned as follows:
15.3 You'll own the visual elements that we create for this project. We'll keep a backup copy of the source files and finished files. The hosting company creates regular backups of all your website files. Backup files are only available if you wish to move to another hosting company and all outstanding invoices have been paid. You own all elements of text, images and data you provided, unless someone else owns them.
15.4 We'll own the unique combination of these elements that constitutes a complete design and we'll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
15.5 We love to show off our work, so we reserve the right to display all aspects of our work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
15.6 We also reserve the right to display a text link from your website to ours. This will be placed at the bottom of each page and will not interfere with the overall design.
16. Payment Schedule
16.1 We're sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we're also sure you'll want to stay friends, you agree to stick tight to the following payment schedule:
- 50% initial payment, plus the cost of any third-party software apps, additional images or hosting services.
- 50% final payment, once the website project is complete and ready to go live.
16.2 All proposals are quoted in Pounds Sterling [GBP] and we issue our invoices via email as PDF attachments. Our payment terms are 10 days from the date of invoice. We accept payments via online banking [Faster Payments], cheque or even cash.
16.3 We reserve the right to charge interest on any overdue payments, as laid out in the Late Payment of Commercial Debts (Interest) Act 1998. This is called Statutory Interest and is calculated at 8% plus the Bank of England base rate.
16.4 We reserve the right to suspend your website(s) and any associated email accounts if you have any unpaid invoices more than 30 days after the date of issue.
16.4.1 This means that we will remove all website(s) and email content until such time as any outstanding invoices are paid in full.
16.4.2 If your website is dependent on any Shopping Cart or CMS apps, this might have serious ramifications and we do not guarantee that we would be able to recover the content.
16.4.3 The bottom line is that you must speak to us, by telephone or in person, if you feel you are experiencing financial difficulty.
17. But where's all the horrible small print?
17.1 Just like a parking ticket, you can't transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason, one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
17.2 Although the language is simple, the intentions are serious and this contract is a legal document under the exclusive jurisdiction of the Laws of Scotland and the Scottish Courts.