eRocket Web Services Terms and Conditions

1.0 Definitions

'eRWS', 'we', 'us', 'our' - refers to the employees, agents or representatives of eRocket Web Services.

'Client', 'you' - refers to the individual or organisation placing an order for web design services, and includes and agents or representatives acting on behalf of the Client.

'Material' - refers to code, text, photographs, illustrations, logos, colour specifications, and music files.

2.0 Acceptance of Work

Quotations are valid for a period of 28 days from the date of issue.

The Client will make available to eRWS any required content or information necessary to enable us to complete the website design project, or any individual stage of the project, in good time and/or within agreed timescales formally agreed, and to any agreed standard.

Any additional work that the Client requests, and which is not specified in the original quotation, is subject to a further quotation by eRWS upon receipt of the new specification. It should be assumed that any new work requested whilst a project is underway, or before a project has commenced, may affect any previously agreed timescales and the delivery time of the project overall.

Any additional work is subject to additional charges at the discretion of eRWS, and these will be indicated in advance upon request.

We reserve the right to refuse to handle any material that:

3.0 Website Design

The Client is ultimately responsible for ensuring that the website is correct and acceptable before giving eRWS permission to make the website publicly available.

After approval of the original design, should amendments to the website be requested, these will be undertaken at the discretion of eRWS. Where payment is not requested for these amendments, we will not accept responsibility for ensuring that these amendments are error free, and reserve the right to charge an according amount for any correction made to these or subsequent amendments.

Any quoted timescale for the delivery of the Client's finished, approved website will commence from the point at which the deposit and all requested website material has been received from the Client. We may need to extend any timescales due to circumstances beyond our control.

Once the design work is completed (and, at the discretion of eRocket, during the design stage) eRocket will upload the proposed website to a demonstration area.

Maintenance (including search engine re-submissions), if included in the contract, is offered on a monthly basis, with a minimum charge of £20 payable in any month where updating is requested. The total fee shall be assessed on an hourly basis. No fee will be charged for any month where no updating is undertaken.

Whilst eRWS will make every reasonable effort to ensure that requested colours, layouts, text, etc. are displayed as specified, no guarantee can be offered. The Client accepts that variations can occur in the display of a website or it's contents from browser to browser, from computer to computer, and between digital and print mediums.

eRWS will endeavour to ensure that the finished web design, scripting, and coding will display and function in an acceptable fashion on any web browser currently in use at the point that the website is approved by the Client. We cannot accept responsibility for pages or content that will not display or function correctly on browser versions released after the design has been approved.

eRWS will take reasonable measures to ensure that the Client website can be listed in Search Engine results, however no guarantee can be made regarding the inclusion, position or rank of the website within any search engine results. The Client accepts that it is the search engine and not eRWS who determines the inclusion and placing of a website in search results, and that listings may change daily, weekly, monthly or even hourly.

4.0 Domain Names, Hosting and Email Accounts

eRWS may offer domain name registration, website hosting, and email accounts via a third party provider. These services will be offered at our own discretion and are not an obligation of any contract between us.

The Client accepts that eRWS is not obligated to provide technical support relating to domain name registration, website hosting, and email accounts supplied by a third party provider, however this may be provided at our discretion, upon request and for an agreed fee.

The Client accepts that the registration of a domain name by eRWS does not provide endorsement of the right to use the name. The Client is responsible for ensuring that they have the legal right to use the domain name.

Where the Client has already purchased a domain name or website hosting, the Client agrees to pass on any access details required to upload the website or any part thereof.

5.0 Permission and Copyright

All material on the eRWS website (http://www.erocket.co.uk/) is copyrighted material unless otherwise stated.

All material provided by the Client and used in the creation of the website will remain the property of the Client. In supplying this material, the Client is legally responsible for ensuring that this material does not infringe copyright law. The Client agrees to hold harmless, to protect and defend eRWS from any claim or suit arising from the use of material supplied by the Client.

The copyright for all material supplied by eRWS will remain the property of eRWS except by prior written agreement, and in this instance only when all outstanding payments have been made in full.

The Client agrees that the resale or distribution of material supplied by eRWS is forbidden unless by prior written agreement with us.

The Client should be aware that images provided by us and included in the creation of the website may have been secured under limited license from a stock image supplier. The license for these images will typically only permit their use within a single website or web page and they may not be used for other purposes (such as within publicity material). The Client accepts legal responsibility for ensuring that this does not occur. Should the Client wish to use any images for other purposes the Client will contact us for clarification of permitted use.

The Client agrees that we may include a development credit and hyperlink that is visible on any web page for which we have completed the majority of the design coding.

Where we have been commissioned to amend an existing website or web page previously designed by the Client, or a third party commissioned by the Client, the Client agrees that we may include development credits and hyperlinks within any code that we create, build, or amend. Unless the Client expressly refuses permission we may make a development credit and hyperlink visible on any affected web page.

The Client agrees that development credits and hyperlinks to the Client website may be included on the eRocket website (http://www.erocket.co.uk/) or any subsequent variant. The Client agrees that we may include any work done for the Client in a portfolio of work.

6.0 Payment

A non-refundable deposit of not less than half (50%) of the total quoted price must be provided before the design work can commence.

Once the Client has approved the design, the website will be published to a dedicated server and so made publicly available. At this point, an invoice for the remaining balance will be presented and will be due in accordance with our payment terms.

Payment will be due no later than 30 days from the date of our invoice, unless by prior agreement.

A cancellation fee will be charged if the Client cancels the project prior to completion, and will be equal to the amount of work completed at the point of cancellation. Any cancellation request must be made in writing and forwarded to the current company address or emailed to us.

Should the Client decide that they no longer want or require the website, payment will still be due in full, as they have commissioned the work to be done. Non-payment may lead to legal action being taken to recover the monies owed and any compensation as permitted by law.

We reserve the right to replace, remove or modify the Client's website at any time if payment is not received. Where this occurs a minimum charge of £30 will be required to have the site restored.

Payment is currently accepted in UK Pounds Sterling, and by cheque or bankers draft. Cheques should be delivered to the address shown below. We cannot currently accept payment by credit or debit card.

Any payment returned by the bank will incur a charge of £25. This amount will be invoiced and added to the total outstanding debt owed by the Client.

Late payments will be charged interest at our rate of 10% of the amount outstanding.

7.0 Limitations of Liability

eRWS will use reasonable skill and care in providing a web design service. However, we make no representation and exclude any warranty, express or implied, as to the availability, accuracy, completeness, quality, performance, fitness or timeliness of our services.

eRWS will not be liable for any costs incurred, compensation or loss of earnings resulting from the failure to meet any agreed deadline, nor resulting from the malfunction of the website or any part of it, or due to the unavailability of the site, server(s), software, or material provided by the Client.

eRWS cannot make any guarantee of service on behalf of third party organisations and will not be held liable for the failure of any service provided by third parties.

eRWS will not be liable for any costs incurred, compensation or loss of earnings resulting from the failure to renew either the domain name registration, website hosting, or email accounts.

Once the website is in the public domain, eRWS cannot be held liable for any costs incurred, compensation or loss of earnings resulting from the illegal activities of others, including but not exclusive to, website hacking, viruses and spyware.

The website is provided to the Client as a fully functioning, completed work. We will not be obligated to provide future support, however this may be provided at our discretion, upon request and for an agreed fee.

eRWS will not engage itself in, nor accept liability for, any disputes occurring between the Client and any end-user of the website, and cannot be held responsible for any wrongdoing on the part of the Client.

8.0 Interpretation

These Terms and Conditions shall be interpreted in accordance with, and governed by, English Law. All parties to the contract irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute that may arise out of, under, or in connection with these terms.

Should we agree to waive or amend any of these terms on an individual basis, this shall not affect the validity of any remaining clause, nor commit us to waive or amend the same clause on any other occasion.

Should any of the terms of this contract be held to be void or unenforceable for any reason, all other terms not so held will remain valid.

eRWS reserves the right to alter these Terms and Conditions at any time without prior notice. The latest Terms and Conditions can be found on this page and include the date of the last amendment.

By agreeing to these terms your statutory rights are not affected.

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06/05/09

eRocket Web Services










Web Design in Colour / Contact Form / 07793 937595