Terms & Conditions

Issued by and on behalf of Active Web Design

The following terms and conditions apply to all web design / internet services offered by Active Web Design. By ordering services or making a payment to Active Web Design you are agreeing to the following terms and conditions.

( A ) COPYRIGHT :The copyright for all material provided by Active Web Design , such as HTML code, graphics, photographs and text, will remain the property of Active Web Design payment has been made in full whereupon they will become the property of the client. All material, both text and images, supplied by the client and used in the construction of the client's web site, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. Client will be responsible for all images / photos supplied by client and will not hold active web design responsible for any copyright infringement or intellectual property rights infringements that may arise from third parties concerning photos or images.

( B ) DRAFT APPROVAL : As part of the web design agreement Active Web Design will create website drafts for the client which will be uploaded to a non public internet adress for approval. If the client requires changes to the draft these changes must be submitted to active web design by email within two working days. If the client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, Active Web Design reserves the right to quote separately for these alterations.

( C ) CONTENT PROVISION FOR /NEW WEBSITES OR REDESGINED WEBSITES

Active Web Design require all content from the client before any draft designs are started. This content may include Photos , Text for pages or any other content the client wishes to see on their website. Until this content is received no work can be carried out.

If during the Website Development Cycle, the client does not supply the content required in order to complete the website within a reasonable amount of time, Active Web Design will consider that the client wishes to cancel the commission and client will be billed for work carried out. We require the invoice to be settled within 10 working days from receipt of invoice. Accounts not paid on time are subject to suspension / deletion from our servers without notice after the 10 day period.

( D ) PAYMENT/ DEPOSIT : Active Web Design require a 30% deposit before any work is carried out. Once work has started and drafts have been issued to the client this deposit is non refundable with no exception's. Once the website has been fully completed Active Web Design require the balance to be paid before the website goes live. If at any point during the Website Development Cycle a client wishes to cancel, they may do so but will be invoiced an amount that Active Web Design judges to be proportional to the amount of work completed on the commission. Active Web Design expects payment by cheque , credit card or cash within 10 days of the date of any invoice issue. Internet services including web design, hosting, domain name renewal & registration are subject to suspension on our server until full payment has been received.

( E ) DOMAIN NAMES / HOSTING : Active Web Design will register domain names and setup hosting for clients if required. Domain Names registered will remain the property of Active Web Design until full payment has been received. Once payment has been received the registration details will be updated with the clients contact details.

( F ) RENEWAL OF HOSTING & DOMAIN NAMES : The annual renewal fee is due 12 months from the date on which your domain/account/service is set up. If the renewal payment is not received by the renewal date your service will be suspended on the renewal date. If payment is not received within 10 days of the suspension of your service, your domain name/website/other hosting services are automatically permanently deleted from our system and cannot be retrieved. After this date in the case of domain names your domain will become available for others to register. Once your domain deletes from the main domain registry you have no rights to the domain name. Active Web Design reserves the right to remove any website / domain name/ or hosting account from our server for non payment we also reserve the right to remove content without notice.

( G ) SEARCH ENGINE INCLUSION: Active Web Design will submit a client's website to several of the major search engines as part of the design commission. If a client wishes Active Web Design to promote a web site as a separate commission, Active Web Design will make every reasonable effort to promote the website effectively but cannot guarantee high placings in search engine results.

( H ) WEBSITE DRAFTS : Active Web Design will initially place the client's website on one of Active Web Design's demonstration servers during in order that the client may view and comment upon the website's progress. When both Active Web Design and the client agree that the website meets the criteria agreed during the commissioning process, active web design will invoice the client for the full amount due for the commission. On receipt of payment, Active Web Design will publish the website on the client's server, or provide the source code for the site via a download (or cd-rom disk) for the client to upload.

( I ) WEBSITE MAINTENANCE : Active Web Design does not undertake to maintain or update a client's website as part of the design commission. If a client wishes Active Web Design to maintain or update a web site as a separate commission, Active Web Design will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.

OUR INTERNET DISCLAIMER :

( A1 ) The web sites designed by Active Web Design are done so at the exclusive direction of and based on information provided by each individual web site owner. The sole and entire responsibility for that same information rests with each individual web site owner.

( A2 ) Active Web Design shall not be liable in any way whatsoever for:

( A3 ) Any damage of any kind (direct, indirect, consequential, incidental or punitive) which results from the use of, access to or inability to use the information contained in any web site which it has designed.

( A4 ) Any errors or omissions in the contents of any website which it has designed.

( A5 ) Any damages to or viruses that may infect a site visitor’s computer equipment, software, data or other property which result from a site visitor’s access to, use of or browsing in any site designed by Active Web Design.

( A6 ) Any damages which result from the downloading of material, data, text, images, video or audio from any site designed by Active Web Design.

( A7 ) Any content in any site linked to a site designed by Active Web Design and any resulting damages from a site visitor’s access to any such linked site – site visitors link to any other such sites at their own risk

( A8 ) Each individual web site owner reserves the exclusive right to alter its site content in any way, at any time and for any reason without prior notification carrying no liability for any consequences of such changes. Should Active Web Design work to any directive from a site owner to change the site content then such work is undertaken on the clear understanding that no liability whatsoever relating to such changes is assigned to Active Web Design.
( A9) Active Web Design will not be responsible for any damages arising from or relating to the use of any web site created by or any goods or services provided by Active Web Design including web hosting and internet marketing services or obtained in any manner through or in connection with any web site.Active Web Design makes no warranties of any kind, expressed or implied for the services it provides.

( A10 ) Active Web Design disclaims any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, Active Web Design shall not be liable for loss of data resulting from delays, non delivery, wrong delivery, or any and all service interruptions caused directly or indirectly by Active Web Design.

( A11 ) Active Web Design reserves the right to use third party software packages, Companies & hosting solutions. Active Web Design will not be held responsible for loss of data or website due to hosting issues. All website and data backups must be made by the client. It is the clients responsibility to ensure they make backups of thier website. Or if requested active website can make off line backups for a fee. Client must request this backup by email.

( A12 ) Active Web Design shall not be liable to any business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether advice has been given of the possibility of any such loss or damage.

( A13 ) The provisions set forth above allocate the risks under this agreement between the parties and it is agreed that such allocation and limitation are not unenforceable. By agreeing to these terms and conditions your statutory rights are not affected. Active Web Design reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions without notice.

( A14 ) Making a payment to use the services supplied by Active Web Design, the client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.

If you are unsure or require clarification on any of the above please contact us. info@activewebdesign.ie

Last updated 07/01/2012