Terms of Service / Web Design Policies
The following Terms and Conditions of Service apply to all products and services provided by Ardant Design hereinafter referred to as the Developer). All work is carried out by the Developer on the understanding that the client has agreed to these terms and conditions.
The Client is engaging the Developer as an independent contractor for the specific purpose of developing or improving a publicly accessible web site. The Client hereby authorizes the Developer to access any related accounts, and authorizes the relevant hosting service to provide the Developer with full access to the Client’s hosting account.
2. Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Developer are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend the Developer and its subcontractors from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
Designing a web site to fully work in multiple browsers (and browser versions) can require considerable effort. The Developer warrants that the web site will be fully compatible with the following browsers:
- Microsoft® Internet Explorer versions 9 and up
- Google Chrome versions 16 and up
- Mozilla Firefox versions 6.0 and up
- Safari versions 7 and up
While the Developer will make reasonable efforts to design a web site which is fully-functional within older browsers, the Developer’s warranty does not cover AOL, text-based browsers or requested special effects or technologies that we have advised against.
4. Web Site Maintenance
This agreement allows for minor web site maintenance to pages for the lifetime of your web site at no charge, up to an average of one hour per regular web page, including updating links and making minor changes to content. It does not include major page reconstruction, new pages, navigation structure changes or repairs to code modified by third parties. This period begins on the date the Client’s web site is available to be published to the Client’s hosting service. Major page code and/or layout changes and additions will be charged at the £40.00 per hour rate. All payments, regardless of amount, must be made within 30 days.
5. Electronic Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the project or any other services contemplated herein, and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
6. Web Design Project Copyright
Copyright to the finished assembled work of web pages produced by the Developer and graphics shall be vested with the Client upon final payment for the project. Charges for design work do not cover the release of copyright design files including psd, png, fla or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.
All materials developed under this contract and intended for publication to the web remain the property of the Developer until such time as final payment for the work described herein has been tendered by the Client. All web pages will feature a footer containing a copyright statement indicating the Client’s ownership of the site and a link to the Developer’s website.
7. Payment Schedule
The Client agrees to pay to the Developer an initial, non-refundable deposit of 25% of the estimated total cost upon execution of this agreement. A payment of 50% of the total cost is due upon the launch of the site, with a final payment due thirty days after the launch.
8. Legal Notice
Notwithstanding anything to the contrary contained in this contract, the Developer will not be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of this project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if the Developer has been advised of the possibility of such damages.