Terms and Conditions

The signing of this agreement confirms the client’s approval for the work to commence and indicates that the client accepts the terms and conditions outlined in this document. The client’s approval for work to commence shall be deemed a contractual agreement between the client and Colourworks.

General:
Colourworks will only carry out work for clients who are 18 years of age or over. Work will only commence when this written agreement is signed and returned to Colourworks either by mail, email or fax, along with any applicable security deposit.

Intellectual Copyright:
Colourworks will hold the intellectual copyright of any material, including all source code, original artwork and images created for the client until full payment is received. The transfer of the intellectual copyright to the client will only occur once full payment is received.

Cancellation:
Should the client wish to cancel the agreement at any point during the process they shall remain liable for all work that has already been undertaken and shall be invoiced accordingly.

Offensive Material:
Colourworks reserves the right to refuse to handle any material which may be deemed offensive or illegal. If such material is provided to Colourworks Internet by the client for use on the website, or uploaded by the client onto the client website, Colourworks reserves the right to remove the material and terminate the agreement, should the necessity arise.

Client Copyright Responsibilities:
In situations where the client provides images, video, textual content, animations or any other content destined for their website, the client will be legally responsible for ensuring that this material does not infringe any existing copyright.

Certain images provided by Colourworks may have been purchased under licence. The licencing terms of certain purchased images generally only allow use of the image on a single website and therefore may not be used in any other form of publicity or promotional material. It is the client’s responsibility to ensure that this does not occur. Colourworks cannot be held responsible for breaches of copyright made by the client.

Providing Website Content in a timely manner:
The client agrees to make available, as soon as reasonably possible, all materials required to complete the website within any set deadlines. Colourworks will not be held responsible for costs incurred, loss of earnings or compensation due to the client’s failure to meet agreed deadlines.

Textual content should be delivered in electronic format such as a

Microsoft Word

 (doc) or Adobe Acrobat (pdf) document format.

Images and video

 may be emailed directly or posted on CD or DVD format. Large images or video clips should ideally be delivered to Colourworks Internet on

CD

 or

DVD

.

Marketing / Promotion:
Unless instructed under a separate agreement, Colourworks will not be held responsible for the promotion and marketing of the client website. Should the client require the site to be promoted on an ongoing basis a separate agreement must be made.

Website Design and Layout:
Colourworks generally produces one draft website design of each required website. If you require multiple draft designs then an additional charge may be appropriate and charged accordingly.

The client should therefore ensure that any preferred colour scheme and design layout is detailed prior to initial design work commencing, if no preference is stated then the website will be designed appropriately. If this is not to the clients taste then Colourworks reserves the right to charge for any rework required. Therefore; it is often best practice for a client to highlight beforehand either another website as an example or specify a required colour scheme and layout.

Future Website Updates:
Upon receiving the final payment for the website, the client agrees that the website is fully functional and completed to the required specification.

After completion, minor changes to the website after will be made at no charge, up to an average of one half hour per regular web page; this includes updating of links and making minor changes to a sentence or paragraph. This does not include replacing the majority of the text from a page with revised text, complete page reconstruction, addition of new pages or additional functionality. Any changes that are deemed to exceed this level will be charged at our current standard rate, which can be found on the Colourworks website. Regular website maintenance packages are available upon request for an agreed monthly fee. No guarantee of future updates is given unless an ongoing support package is agreed.

Design Credit:
The completed website shall have a link Colourworks website appearing in small type at the bottom of each web site page.  If the client wishes for this to be removed, it shall be agreed prior to the commencement of the project. Colourworks reserves the right to charge a link removal fee. If the client, or 3rd party agent acting on behalf of the client, removes the design credit without the permission of colourworks Internet, we reserve the right to charge a link removal fee.

Third Party Alterations:
Colourworks will not accept responsibility for any alterations caused by the client or a third party acting on the clients behalf, to the Client's web site pages once the project is deemed as completed.

Website Hosting:
All our websites are hosted with fasthosts.co.uk. Colourworks cannot be held responsible for any losses caused by the unavailability of this 3rd party hosting service. Fasthosts.co.uk provide a secure environment to guard against website hacking, therefore it is highly unlikely that this will affect your website, but Colourworks cannot be held responsible for problems that develop as a result of illegal activity.

Browser Compatibility:
Our website designs use the

W3C Standards

 of

HTML

,

SHTML

,

XHTML

,

PHP

 and

CSS

. Every effort is made to ensure that the completed website is compatible with all current web browsers. We endeavour to ensure that any designed site will function correctly with the latest

Microsoft Internet Explorer

 and the latest

Mozilla

,

Opera

,

Netscape

based browsers.

Colourworks

does not offer any guarantees of correct functionality with all browser software.

Quotations:
The price quoted to the client is for the work detailed on the quotation only. Should the client decide that changes are required after the quotation has been agreed, then Colourworks reserve the right to alter the quotation with the provision that additional charges may have to be negotiated.

Payment terms:
At the discretion of Colourworks a 50% security deposit will be required prior to commencement of any design work. The deposit can be paid by cheque, or demand draft. Please draw your cheque “COLOURWORKS” ansure that you fill your name and phone no. at the back of the cheque.

The remaining balance will be due once the website is completed and notice of completion has been issued to the client. Colourworks also reserves the right to withhold delivery of the website to the client or suspend hosting of the website from our servers until full payment has been received.

Accounts Payable:
If an outstanding account is not settled within 30 days of the invoice date, a 10% surcharge will be incurred. If after 60 days, payment has not been received, Colourworks will pass the matter onto our solicitors who will be instructed to contact the client, with a view to taking the matter further to seek payment through legal procedures.

If a clients cheque is returned by the bank as unpaid for any reason, the client will be liable for a "returned cheque" administration charge of Rs.1000.

Waiver:
Should Colourworks choose to waive any of these clauses on an individual basis, this shall not affect the validity of the remaining clauses nor will it commit Colourworks to waive the same clause on any future occasion.

Colourworks reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.