Terms & Conditions for Internet & New Media Services
Last Updated: 16th November 2016.
Definition of Terms
References to “We”, “Us”, “Our”, “Ourselves”, “The Company”, “Yellow Duck”, ”Yellow Duck Web Design”, “YDWD”, “OFC”, “Ollie Ford” and “Ollie Ford & Co” refers to the service provider, Ollie Ford & Company Ltd.
References to “You”, “Your”, “The Customer”, “The Client” refers to the party or parties entering into this agreement with Ollie Ford & Co.
These terms and conditions are subject to change without notice.
Definition of Service
Ollie Ford & Co will provide the products and services as agreed in the most recent dated quote or project document. Services will begin when a written or verbal confirmation has been given by the client. We reserve the right to submit an amended quote of project document, should the client’s requirements change.
The Web Hosting Service provided by Ollie Ford & Co is subject to it’s own terms and conditions. We cannot be held responsible for the security, reliability or suitability of any 3rd party domain name registration or web hosting. We resell web hosting obtained from Heart Internet whose terms and conditions can be viewed at http://www.heartinternet.co.uk/terms/.
Ollie Ford & Co offers a web hosting service, which is compatible with all content we create. Although you are not required to use our web hosting, any 3rd party web hosting will be the responsibility of the provider and the client. Therefore may not be compatible with the scripting we use. We are not responsible for any files placed on our web server or web servers that we use.
We recommend you retain a copy of any files, which we will happily provide free of charge.
Where web hosting is offered as free for the first year, the first year begins when a hosting account is activated for the domain that relates to the website that is being created. Some static sites can be hosted on development servers and therefore the first year will begin only when the site is launched. Some CMS sites will need to be hosted on the eventual live site’s server for testing purposes and therefore the first year begins when the site begins development.
We offer an email hosting service as part of our hosting package. The email hosting service is a complimentary feature that carries no warranty and no technical support is included in any quotation. Any support provided for email will be chargeable at the current rate. The cost of upgrading email hosting space covers the cost of the space provided and does not include support.
The client must be the legal copyright holder of all content provided.
We reserve the right to refuse to work with any content we deem to be inappropriate.
You confirm that any material, content, intellectual property, idea or brand that you request us to work with is the property of the client and you have full rights to it. We will not be held responsible for the infringement or any copyright, intellectual property or fraudulent activity performed as a result of services we have provided.
It is the client’s responsibility to ensure ownership and legality of any content, idea or concept we are asked to develop.
Your intellectual property rights will be respected, however copyright of web templates, scripting, photography and graphics, where not supplied by the client, will remain the property of Ollie Ford & Co.
Use and Updates
Use of web templates, scripting, photography and graphics, where not supplied by the client, is granted for the intended purpose whilst a relationship exists between Ollie Ford & Co and the client. Changes and reproductions are not permitted without expressed agreement from Ollie Ford & Co.
Updates to content owned by Ollie Ford & Co where not covered by a content or database management system may conflict with copyright laws.
Hits to the Website
We do not take responsibility, nor guarantee the amount of visits online content will receive. Nor can we in anyway control who views published content, what they do with that content or any contact or enquiry generated.
We advise you to publicise any web addresses in a similar way to your telephone number.
Our websites, web hosting, POP3 and SMTP feeds must not be used for sending bulk, unsolicited emails.
Under UK Law you cannot send unsolicited emails to private email addresses.
You must not use a third party to send unsolicited emails, using our service or their own.
You must not use your website to collect addresses for spamming.
If it is reported to ourselves, or to a 3rd party anti-spam service such as spamhaus, that you have used our service or that of a third party to send such emails, your account may be terminated, without notice. We take our online social responsibility very seriously.
Linking to Us
As a matter of courtesy we request a link to our website somewhere on the content we create. In return we may link from parts of our websites to yours.
We reserve the right to reference websites, designs and other items we have created in the form of a portfolio, case study or news item.
Responsibility for Links
We are not liable for content found on external websites, or that of our other clients.
Ollie Ford & Co is an independent service provider, and therefore this agreement does not create any employer/employee, partnership, or joint venture with the client.
Any content placed on a web server is said to be “Published”, and while the web address may not be public knowledge, the server will still be accessible to the world at large. We may place items related to your project on a web server in order to facilitate its development.
When a site is launched, and its location publicly listed on search engines and other websites, it is accepted that any member of the public has access to it.
It is your responsibility to clearly mark any content which is not to be publicly available, and therefore we shall make every effort to password protect it during its development and/or it’s launch.
Assignment and Delegation
As a small new media company our workload can be inconsistent. In the interest of providing an excellent service, we may sub-contract or otherwise delegate part, or all, of a client’s project.
Use of your Information
Any information or content you provide will be used only for the purposes of completing the work as defined. We will handle your information responsibly and securely.
Settlement of monies owed is usually requested by invoice with a 21-day payment with the exception of websites hosted by 3rd parties where payment is due on receipt of the invoice. Payment is to be made in full and within this time.
We may require a deposit to be paid in order to begin work on the project and clients are expected to approve the quotation in order to acknowledge entry into a formal contract with Ollie Ford & Co for the work ordered. The amount of deposit required will vary between projects and will form part of our quotation.
Fees for web design projects are invoiced on making the website ‘live’. The term ‘live’ refers to the final upload and launch of the website. For websites hosted by us, invoices carry a 28-day payment term. For websites hosted by a 3rd party, payment is due prior to making the site live.
We reserve the right to ask for payment on receipt of invoice from new clients and for hosting and domain renewals amongst other items and services.
We reserve the right to apply interest of 10% every 28 days on late invoices. This is referred to as a ‘late payment fee’. If a debt collection agency becomes involved, the client will be liable for any additional costs incurred.
We reserve the right to disable or completely terminate hosting and/or domain services due to non-payment of invoices as we see fit.
Bespoke Website Design Process
The design process follows a specific timeline which prevents any confusion or misunderstanding by us or our client. The usual process is as follows:
- OFC and the client agree on the key elements of the website (from both graphic design and functionality perspectives).
- A detailed list of the website’s functions is drawn up by OFC and agreed by the client. This usually is in the form of an estimate/quotation.
- The client provides OFC with the content and structure of the website. This is required so that we can gain an understanding of what will go where throughout the site. OFC can offer help with writing content if required.
- A mock-up visual design is created by OFC and presented to the client with a view to making amendments or, if necessary, a full re-design. At this stage we are trying to determine the overall concept for the design.
- Amendments are made until the client is happy with the design. Amendments are limited to time quoted for the project.
- Once the design is agreed by the client the design is turned into files for the website. This stage is very important. Design changes cannot be made once the design has been agreed without the possibility of additional cost.
- Work begins on the programming of the website and any installations of software are generally done at this point.
- Once the site is at a stage where it resembles a functioning website it may be presented to the client for comment prior to any fine-tuning required.
- Once any fine-tuning is made and the client agrees that the site is completed an invoice for the work is raised and the site launched (according to our payment terms).
The process is similar to the above except that the design already exists and any amendments to that design are minimal.
Software & Licenses
Some projects will make use of 3rd party software or scripts to enhance the website. Where relevant (and where possible) the cost of any license to run a piece of software or script is included in the original quotation. Licenses are usually good for life but in the event that a license is only valid for a certain period of time, the client will be advised at the time of quotation. Any renewing of licenses will be chargeable at the cost of the license plus the time taken to obtain and utilise it. Any updates to software or scripts used on the website following the site launch, whether due to new releases, security issues and/or newly discovered bugs will be subject to extra cost. The cost will be made up of the cost to obtain the update and the time taken to apply it.
The internet and its associated technologies are constantly evolving. As a result, it is virtually impossible to ensure that any website or program written for the internet will behave exactly as intended in the future. All websites produced by Ollie Ford & Co are tested to current browser requirements for PC and Mac and to as many deprecated browsers as possible. We do not, as standard, support any browser older than 5 years old at the time of the website launch. Any future changes due to the need to function in later browsers will be charged at our normal rate. Websites will display in a reduced size on mobile devices (Smartphones, iPad etc) unless quoted for a responsive layout.
Unless a maintenance contract has been agreed, any updates, changes, amendments, advice or service beyond that originally defined, whether delivered in person, writing or telephone, is chargeable and will be invoiced as a separate project. There is a minimum charge of 15 minutes per timed work invoice. Payment of our invoice indicates the acceptance that the work related to that invoice has been completed to the desired standard and specification, however, we allow 28 days from the date of invoice for any bugs to be reported. Any amendments or other work thereafter will be subject to our normal hourly rate.
Cancellation of Services
By accepting an estimate and/or service plan you enter into a contract bound by these terms and conditions. If you withdraw the order after confirming your acceptance you will be liable to the costs of service to date.
Annual and monthly services can be cancelled with one clear month of advanced notice. Usernames, passwords and related files will be provided to you if required.
Cancellation of Hosting Packages
Our hosting packages are generally provided on an annually recurring basis. Should you wish to cancel your hosting package (including any associated databases) you must give notice in writing one clear month ahead of the renewal date. Failure to do so will result in the full cost of the hosting package being payable.
Once a hosting package is cancelled all files hosted and all databases will be deleted. We offer a backup service should you wish to retain the files and database tables for your website. The cost of the backup service depends on the size and complexity of the website. Smaller static sites are free of charge to back up but larger (eg Joomla or Wordpress CMS) sites will be quoted for. Generally, the cost of a CMS backup is £50 + VAT.