These Terms and Conditions apply to all print and web design services offered by WebWhim. By accepting a quote from WebWhim, you, the Client, acknowledges that you read, understood, and accepted the following Terms and Conditions of this Agreement.
1) The Client takes all legal responsibility for the use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless WebWhim from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services. Any support or payment relating to the domain name, hosting, and email services are to be made between the Client and the third party service.
2) The Client agrees to provide WebWhim with FTP and any other access details relating to their domain name and hosting account which WebWhim requires to upload the web site and maintain SEO optimisation if required as part of a project.
3) If, during the design process of a project, the Client does not supply the content required in order to complete the project within a reasonable amount of time, WebWhim will consider that the Client wishes to cancel the project.
4) WebWhim cannot always guarantee to start work immediately on a project but will arrange a date with the Client when the work can commence.
5) The Client agrees that a web page built from a graphic design may not exactly match the original design because of the difference between the display in graphic design software and the HTML rendering by the internet browser software. WebWhim agrees to try and match the design as closely as is possible when building the code.
6) WebWhim does not warrant that all colours will be exactly replicated in the final version of any Materials published. The appearance of the colours varies depending on the paper finish and the type of printing process.
7) WebWhim endeavours to create web sites that are loads fast, works on desktop, tablet and mobile screens, and are search engine friendly. WebWhim will perform initial SEO optimisation if required. However, WebWhim does not guarantee that the site will become listed on the first page of a search engine in response to a specific search. In no event shall WebWhim be held liable for any changes in search engine rankings due to using WebWhims code.
8) After web site completion, a Client or a third party of their choosing may wish to update the content or edit the web site code themselves. In this case, the Client agrees that in doing so, it assumes full responsibility for any issues that occurred as a result. If the Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, WebWhim reserves the right to quote for work to repair the web site.
9) The Client agrees that any materials provided by the Client and their use by WebWhim to deliver required services will not infringe the copyright or other rights of any third party. The Client shall indemnify WebWhim against any loss, damages, costs, expenses or other claims arising from any such infringement.
10) WebWhim shall be entitled to invoice the Client (both on an interim and on a final basis) at any time following the provision of Services and the Client will pay the sum stated in the WebWhim’s invoices within 21 days of the date of this invoice.
11) WebWhim reserves the right to withdraw from the Contract at any time prior to acceptance.
12) WebWhim endeavours to provide web or print services within given delivery timescales to the best of our ability. However, the Client agrees that WebWhim is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale. Such timescales given shall be regarded as estimates only.
13) The Client agrees that WebWhim is not liable for the absence of service if it resulted from illness or holiday.
14) The Client agrees that WebWhim is not liable for any failure to carry out services for reasons beyond it’s control, including but not limited to: acts of God, telecommunication problems, software or hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
15) WebWhim is not liable for any consequences or financial losses including, but not limited to, loss of business, profit, revenue, Contract, data or potential savings, relating to services provided.
16) WebWhim will have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any fault of the Client including but not limited by: materials or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong format, or arising from their late arrival or non-arrival.
17) WebWhim shall not be liable to the Client or be deemed to be in breach of Contract because of any delay in performing, or any failure to perform, any of WebWhim’s obligations concerning the Services if the delay or failure was due to any cause beyond WebWhim’s reasonable control.
18) WebWhim shall not be liable, in contract, tort or otherwise for any loss of profits, business, revenue, goodwill or anticipated savings or for any indirect or consequential or economic loss whatsoever howsoever arising out of or in connection with the Contract.
19) WebWhim reserves the right to defer delivering of the Services or cancel the Contract, without liability to WebWhim, if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control.
20) WebWhim reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. WebWhim shall be the sole judge in deciding what constitutes a breach. No refunds are given in such a situation.
