INTRODUCTION
These Terms and Conditions form the basis of an agreement between Thisworks, which is a trading name of Thisworks Advertising And Marketing Limited, a company registered in England (registration number 10080007) and you, the customer.
By placing an order with Thisworks, you confirm that you are in agreement with and bound by the terms and conditions outlined below.
You are enlisting the services of Thisworks to provide you with a website or associated services, for the price as outlined on our invoice. You understand and agree that Thisworks retains ownership and copyright of the design, underlying code and any bespoke assets created for your website project at all times.
DESCRIPTION OF WORK.
The description of the work is as per your Invoice, provided to you via our online invoicing system.
ASSIGNMENT OF WORK.
Thisworks reserves the right to assign other designers or subcontractors to the Work to ensure quality, competitive pricing, and on-time completion. Thisworks shall be entitled to subcontract to third parties any work to be done pursuant to an order accepted by us.
You agree to provide us with everything that we’ll need to complete the project including text, images and other information, as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner.
Thisworks will make every effort to meet agreed upon due dates. However, sometimes there may be unavoidable circumstances for delay, in which case Thisworks will inform the client. Thisworks cannot be held liable for any subsequent potential loss of earnings or acquired business during this time.
The Client should be aware that failure to submit required information or materials may cause subsequent delays in the delivery of finished work.
Any dates given by Thisworks for the performance or completion of work are estimations, given in good faith but subject thereto shall not form a term of contract and Thisworks shall not be liable for loss or injury damage or expense arising directly or indirectly from any delay caused by negligence or otherwise. The time for Thisworks to perform any obligation hereunder is not and cannot be the essence of the Contract.
We will respect and maintain the confidentiality of any information that you give us.
FEES & ADDITIONAL TIME BASED SERVICES.
In respect to fees that relate to time based services a minimum charge of one hour will be levied for all work at a rate of £85.00 per hour unless specifically detailed otherwise.
At our discretion changes in client input or direction or excessive changes will also be charged at £85 per hour.
Any work the Client wishes Thisworks to create, which is not specified in the DESCRIPTION OF WORK section of this agreement, will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement.
Any such extra expenses will be identified to the client as soon as they become apparent, and any projected costs agreed with the client before proceeding
WEBSITE DESIGN.
We will create designs for the look-and-feel, layout and functionality of your website. These will be sent to you for your review. Upon receipt of your feedback, we will revise the design until it meets with your approval. (subject to reasonable limits) You understand that Thisworks owns these designs, and that you may not use them for any other purpose other than to review and provide feedback on our work.
For example, taking a design supplied by Thisworks and using it to create a website independently of us, would be a breach of the copyright we hold on all our works.
BROWSER COMPATIBILITY.
The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our code and CSS in current versions of major desktop browsers. We will also test that your website design will perform well on major brands of smartphones and tablets, however due to the huge number of different devices and browsers involved, we cannot guarantee that your website will display consistently across every combination of device and browser.
Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. We will not test old or abandoned browsers, for example Microsoft Internet Explorer 6, 5 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera.
CONTENT.
You are responsible for all text and content creation, unless both parties agree for Thisworks to undertake some copy writing. We will proof read and correct any obvious errors such as spelling mistakes, however we will not be held responsible for any errors contained in the content you provide to us. Should you notice any errors once your website is live, simply email us with the necessary corrections and we will amend your website as soon as possible.
You are responsible for ensuring that you have the appropriate rights to use anything that you have not created yourself. You agree to fully indemnify us against any claims for damages for breach of copyright or any other claims in relation to the content used on your website.
PHOTOGRAPHS AND OTHER IMAGES.
You will supply photographs and images in digital formats.
If you choose to buy stock photographs we can suggest vendors of stock photography.
If you would like us to source images for you, any time we spend searching for appropriate photographs may be charged outside of your monthly package at a price agreed on an individual basis.
CHANGES AND REVISIONS.
Snag & corrections – Once the website is set live, there may be some snags or corrections which the Client will identify.
In the case where the Client has agreed a Website Hosting and/or a Website Maintenance Agreement with Thisworks, we will correct any such snags or errors free of charge under the terms of the above agreement, for the full duration the agreement is in place.
In the case where the client is not using Thisworks for Website Hosting and/or a Website Maintenance Agreement, we will correct any such snags or errors free of charge for a period of one month after the file relinquishment. We will require the necessary access to any third party hosting in order to carry out this work. Any delay or refusal of access by any third party is solely the Client’s responsibility.
You understand that we can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free, or that your website will be available to visitors 100% of the time, 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 arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
This applies to any feature or service we provide be it 1st or 3rd party, including, but not limited to, web design, development, Search Engine Optimisation, web server & web hosting (speed, reliability and availability).
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that you have permission to use them. We assume no responsibility for checking up on our customers to make sure all the content provided is done so according to appropriate copyrights and other legalities. On a similar note, we reserve the right to refuse inclusion of content that we deem to be inappropriate, unlawful, or otherwise, completely at our discretion.
RESERVATION OF RIGHTS, COPYRIGHT & OWNERSHIP.
For the avoidance of Doubt
Copyright resides in Thisworks name, except for (a) below. Title to any goods supplied hereunder shall remain vested in Thisworks until payment is made in full by the Client.
- Any text, images or any other component parts originally or subsequently supplied by the Client will remain your copyright.
Thisworks retains copyright of any material contained in any presentation made in competition with another company in the event of our presentation being unsuccessful. The copyright for all purposes in all artwork, copy, storyboards, presentations and all other work created by Thisworks for the Client for whatever purpose is vested in us.
Thisworks reserves all rights not expressly granted to you. The website system is protected by copyright and other intellectual property laws and treaties. Thisworks or its suppliers own the title, copyright, and other intellectual property rights in the system, website / software supplied to you. The website system is licensed, not sold. Copyright to the finished assembled work of web pages produced by Thisworks is owned by Thisworks. Upon final payment of this contract, the client is assigned limited rights to use as a website the design, graphics, and text contained in the finished assembled website for marketing purpose only. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client(unless originally supplied by the Client) and remain the property of their respective owners.
Thisworks retain the right to display graphics and other Web design elements as examples of our work in respective portfolios, and to carry a hyper link to Thisworks website on any or all the web pages. This hyperlink will be small, unobtrusive and placed at the very foot of the page.
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, copy, decompile, disassemble or create derivative works of the website system, or any code that we supply to you, except and only to the extent that such activity is expressly permitted by Thisworks. Any attempt to claim the Work of Thisworks as their own by a current or former customer is in breach of Thisworks intellectual property rights and may result in legal action.
RELEASE OF COPYRIGHT.
- Thisworks may release any or all copyright ownership, including coding, upon termination of any hosting, managing or SEO agreements in place, at our discretion, and subject to a minimum fee of 33% of the original website design cost.
- For ‘Pay Monthly Websites’ These websites allow customers to enjoy the benefits of a professionally designed website without having the initial expense normally associated with having a new website designed and built. The website is leased to you, for the duration you remain a paying client with us. These websites have a different ‘Release of Copyright’ condtion. Thisworks may release any or all copyright ownership, including coding, upon termination of any hosting, managing or SEO agreements in place, at our discretion, and subject to a minimum fee as follows.
Pay monthly website at £95+VAT per month – Thisworks may release any or all copyright ownership, including coding, upon termination of any hosting, managing or SEO agreements in place, at our discretion, and subject to a minimum fee of £1295.00+VAT.
Pay monthly website at £295+VAT per month – Thisworks may release any or all copyright ownership, including coding, upon termination of any hosting, managing or SEO agreements in place, at our discretion, and subject to a minimum fee of £1995.00+VAT.
Pay monthly website at £499+VAT per month – Thisworks may release any or all copyright ownership, including coding, upon termination of any hosting, managing or SEO agreements in place, at our discretion, and subject to a minimum fee of £2795.00+VAT.
Why do we have a ‘Release of Copyright’ condition? –
Your website will be built using a combination of skill, knowledge, expertise, software, components, coding and time. If these elements were not present or required, anyone could build a website and companies such as ours would not be employed. Some parts of this work, specifically the coding, may fairly be described as a ‘trade secret’ in as much we would not want third parties to be able to freely copy, adapt or re-sell these intellectual property rights.
It is for this reason that we protect our rights.
For ‘Pay Monthly’ Websites, if we did not have a ‘Release of Copyright’ condition, a client could allow us to build a new website, then pay 1 month, and expect to leave us and take their website with them, leaving us substantially out of pocket. This would plainly be an untenable situation for us a responsible business.
We will, if requested, store a copy of the clients previous website for them, and should they wish to leave and not pay the relevant ‘Release of Copyright’ condition, they have the option to attain hosting elsewhere and restore their prior website with a new webmaster.
PAYMENTS & DEPOSITS
In order to provide all our customers with an excellent level of service it is essential that we are paid promptly.
Client shall pay Thisworks 25% of the total invoice, as a deposit for project commencement. The balance will become payable upon the clients approval of the finished website, and prior to file relinquishment, or upload and/or assembly of website on Thisworks or Client’s web server. All goods and copyright remain the property of Thisworks until full payment has been received. If a client agrees to commence a job and pays a deposit then subsequently cancels their order, the deposit is non refundable, plus we may seek reasonable further payment from the client for work completed so far.
Due to the nature of monthly payments we do not offer refunds. However, given that there is no set contract length for our packages (see TERMINATION), you can cancel your package with us at any time, without incurring any additional fees or charges. Please notify us by email at [email protected] should you decide to cancel your service. In the event of you failing to make your monthly payments as they fall due, we reserve the right to suspend your website until your payments are up to date.
You may pay annually for your website maintenance agreement. Annual payments must be made in advance and will attract a 10% discount. Annual payments may be made by cheque, bank transfer or Direct Debit. No refunds will be given should you subsequently decide to cancel your package.
TERMINATION OF WEBSITE MAINTENANCE/SEO AGREEMENT.
Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Thisworks shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stopwork. In the event of termination, the Client shall also pay any expenses incurred by
Thisworks and the Thisworks shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
The Client and Thisworks are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party.
Summary
We reserve the right to refuse service at our discretion.
These Terms & Conditions are a legally binding document under the exclusive jurisdiction of English courts.
We reserve the right to modify these terms and conditions at any time without notification.
If you have any queries about our Terms & Conditions, please contact us at [email protected]