1. STANDARD TERMS AND CONDITIONS

These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Funky Fig for its clients.

2. OUR FEES AND DEPOSITS

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.

The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

3. SUPPLY OF MATERIALS

You must supply all materials and information required by us to complete the work in accordance with any agreed specifications. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed. If there are any themes used Funk Fig remains the owner of the licence if one was purchased.

4. VARIATIONS ON WEBSITE BUILD

We are pleased to offer you the opportunity to make revisions to the design of your new website. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at our hourly rate. We allow three rounds of revisions, each round consists of 3 major and 4 minor, examples of major changes are anything within the menu, colour changes, image changes, examples of minor changes are altering of text, and changing telephone numbers.

5. PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full cooperation and complete and final content in photography for the work pages. During development, there is a certain amount of feedback required to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

6. APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, if it is then any further changes will be billed at a minimum of £32.50 per change or £65 per hour.

7. REJECTED WORK

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

8. PAYMENTS

Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.

If your account is overdue or you have any outstanding fees we reserve the right to suspend or delete any/all unpaid web services without prior notice.

If an account is suspended a reactivation fee of £49 per account must be paid before reactivation.

9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

 10. SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website.

11. CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however, that delay arises.

12. DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Funk Fig under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

13. SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

14. ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

15. MAINTENANCE

We will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us. You must have a maintenance contract with us in order for your website to be updated and backed up.

16. RESPONSIVE

We try to make sure your website is built to respond to different screen sizes and works seamlessly, due to the growing number of devices and screen resolution’s we cannot guarantee that there won`t be some minor discrepancies.

17. TRANSFER OF SERVICES AWAY FROM FUNKY FIG

We do not grant administrative access to websites to anyone outside of Funky Fig employees. However, we are happy to assist if you wish to transfer your website and services to another provider. A one-time fee of £95 per domain or website is required before we can provide you with a copy of your website. Additionally, any outstanding invoices must be settled in full.

18. E-COMMERCE

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Funky Fig and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.