The following terms and conditions apply to all website development/design services provided by OneSixOne to the Client.
Last updated: 21st January 2020
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by OneSixOne are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 60 days. OneSixOne reserves the right to alter or decline to provide a quotation after expiry of the 60 days.
Unless agreed otherwise with the Client, all website design services require payment as detailed within the Quotation.
Payment for services is due by bank transfer or credit card payment. Bank details will be made available on invoices.
3. Client Review
OneSixOne will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies OneSixOne otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
OneSixOne will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon OneSixOne receiving initial payment, unless a delay is caused or specifically requested by the Client and agreed by OneSixOne.
In return, the Client agrees to delegate a single individual as a primary contact to aid OneSixOne with progressing the commission in a satisfactory and expedient manner.
During the project, OneSixOne will require the Client to provide website content; text, images, movies and sound files etc. to populate the website, other than those agreed to be provided by OneSixOne.
5. Failure to provide the required website content:
OneSixOne is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information as agreed within the schedule laid out within your quotation.
Invoices will be provided by OneSixOne upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or £30 per month of the total amount due, whichever is greater.
7. Additional Expenses
Client agrees to reimburse OneSixOne for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials.
8. Web Browsers
OneSixOne makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that OneSixOne cannot guarantee correct functionality with all browser software across different operating systems.
OneSixOne cannot accept responsibility for web pages which do not display acceptably in obselete versions or new versions of browsers released after the website have been designed and handed over to the Client. As such, OneSixOne reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on OneSixOne’s Webspace, OneSixOne will, at its discretion, remove all such material from its web space. OneSixOne is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay OneSixOne reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by OneSixOne in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days to a minimum of 50% of the Quoted project cost.
All OneSixOne services may be used for lawful purposes only. You agree to indemnify and hold OneSixOne harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants OneSixOne the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting OneSixOne permission and rights for use of the same and agrees to indemnify and hold harmless OneSixOne from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to OneSixOne that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (delivered on USB drive or via e-mail or File Transfer Sytems) and that all photographs and other graphics will be provided in .gif, .jpeg, .png, .tiff, .ai or .svg format. Although every reasonable attempt shall be made by OneSixOne to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to OneSixOne will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design unless a client requests that the design credit be removed. The Client also agrees that the website developed for the Client may be presented in OneSixOne’s portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, OneSixOne must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP and control panel. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
OneSixOne cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
OneSixOne usually recommends that clients purchase and renew their own domain names. Granting access to OneSixOne in order to make alterations necessary to make a website public. OneSixOne agree to assist clients in the process of purchasing domain names.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Governing Law
This Agreement shall be governed by English Law.
OneSixOne hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of OneSixOne to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.