Terms and Conditions
Black Webs is a division of V12 Solutions Ltd
Registered in England – PO Box 10, Hurstmere House, Chislehurst, Kent BR7 5ZE
Registration number: 07268493 – VAT No: 107 1176 47
1. Acceptance
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.
2. Charges
Charges for services to be provided by Black Webs are pre-defined and agreed with the Client via e-mail.
Payment for services are due by Direct Debit, Standing Order or Cheque. Cheques should be made payable to Black Webs and sent to PO Box 10, Hurstmere House, Chislehurst, Kent BR7 5ZE. Bank details will be made available on invoices.
Billing commences once website is Live.
2a. Minimum Term and Start-up Cost
A standard minimum term of eighteen months is applied to all monthly paid website packages.
Minimum terms may vary depending on the project requirements, which are to be agreed via email before the project commences.
Start-up and ongoing costs are quoted on a per-project basis as necessary and at our discretion.
2b. Project Termination
A project can be terminated at any time during the offline design phase, i.e. prior to any online development.
Once development work has commenced online, i.e. development of the website framework and structure, the customer is liable to pay the minimum term cost agreed.
Payment(s) overdue for more than 30 days will result in the website being taken offline until the account is brought up to date.
This does not alter the customer’s responsibility for paying the amount due to date at any time in accordance with the original agreement.
A 30 day cancellation notice period is required for all live websites.
Cancellation requests required via written/email confirmation.
BlackWebs reserves the right to terminate any project at any time. If the website/project is live at this time, the remainder of the current month term will be met.
Upon project termination, if requested, the project files (including database) will be packaged and sent to the customer via WeTransfer. It is the responsibility of the customer to download these files within the time limite set by WeTransfer. Failure to do so, or further requests to re-package and transfer the website, will be subject to an admin fee of £40 + VAT.
It is the responsibility of the customer to restore the project/website once received. Unless pre-agreed, BlackWebs will not be responsible in the restore/recovery of a project/website once received by the customer.
Upon project termination, any Email accounts connected with the project will remain online until the customer has disconnected all services – or until the current term has ended. It is the reponsibility of the customer to ensure any email transfer has taken place by this time.
3. Client Review
Black Webs 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 Black Webs otherwise within ten (10) days of the date the materials are made available to the Client.
Website updates thereafter will be sent to the Client prior to website application (where possible).
4. Turnaround Time and Content Control
Black Webs will install and publicly post or supply the Client’s website by the date specified in the project proposal.
In return, the Client agrees to delegate a single individual as a primary contact to aid Black Webs with progressing the commission in a satisfactory and expedient manner.
During the project, Black Webs will require the Client to provide website content; text, images, movies and sound files.
7. Payment
Invoices will be provided by Black Webs upon completion of 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 one and one-half percent (1.5%) or £30 per month of the total amount due.
8. Additional Expenses
Client agrees to reimburse Black Webs for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
9. Web Browsers
Black Webs 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, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Black Webs cannot guarantee correct functionality with all browser software across different operating systems.
Black Webs cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Black Webs 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.
10. Default
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 Black Webs’ Web space, Black Webs will, at its discretion, remove all such material from its web space. Black Webs 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. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Black Webs reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Black Webs in enforcing these Terms and Conditions.
11. Website Full Design
Website redesign is included as part of the package, however a full rebuild is only permitted after a one year period of the initial website going live. Should a client request a complete rebuild of their website after the initial minimum-term, a new twelve month term is automatically applied.
12. Indemnity
All Black Webs services may be used for lawful purposes only. You agree to indemnify and hold Black Webs harmless from any claims resulting from your use of our service that damages you or any other party.
13. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Black Webs 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 Black Webs permission and rights for use of the same and agrees to indemnify and hold harmless Black Webs 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 Black Webs that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Black Webs is not accountable or responsible for the use of unlicensed copyrighted images, even if they are uploaded to the website by the Black Webs team. Black Webs will always advise use of purchase stock images from various stock image providers.
14. Design Credit
A link to Black Webs 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. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £1000, a fixed fee of £100 will be applied. The Client also agrees that the website developed for the Client may be presented in Black Webs’ portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, Black Webs must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
Black Webs 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
Black Webs may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client unless approved and included in the package. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Black Webs. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
18. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below 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.
20. Liability
Black Webs 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 Black Webs 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.
21. Severability
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.
22. Licensing
BlackWebs will issue one licence per website per customer. The licence is transferred to the client after the minimum-term has been reached and is only to be used/associated to the allocated website/domain.
23. Sales/Referral Commission
Commission amounts awarded for the referral of a new client are based on the referring client on a full priced package (unless otherwise agreed).
Commissions are only paid upon completion of the referred project.