The CLIENT is engaging 365i, as a contractor for the specific project of developing and/or improving a wordpress website to be installed on the CLIENT’s web space located on an Internet Service Providers (ISP’s) web server. If 365i is not hosting the website then the CLIENT hereby provides 365i with any necessary “write permissions” for the CLIENT’s web page directory, cgi-bin directory and any other directories, control panels, databases or programs that need to be accessed for this project.
The client also agrees to allow 365i to use the website and screenshots as a reference in advertising and marketing material.
365i represents and warrants to the CLIENT that they have the experience and ability to perform the services required by this CONTRACT as detailed in the project proposal, quote or package description; that 365i will perform said services in a professional, competent and timely manner; that 365i has the power to enter into and perform this CONTRACT; and that her performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any laws. However, the CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services meet the CLIENTS satisfaction.
The CLIENT represents and warrants to 365i that it will provide the material as required in a professional, competent and timely manner; that it has the power to enter into this Agreement; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any laws.
The website includes the number of pages and features specified in the SPECIFICATION and/or QUOTATION.
Should the CLIENT choose to host the website with a 3rd party HOSTING COMPANY, it is the clients responsibility to ensure that the hosting account meets the technical requirements of the website and the CLIENT agrees to liaise with the HOSTING COMPANY regarding all support matters.
If the CLIENT requires 365i to upload their website to their server or 3rd party web hosting account the CLIENT must provide control panel and FTP login information, and database name, username and password of an already set-up mySQL database. There will be a charge of £50.00 to upload the website to a 3rd party hosting company. If the process of uploading and ensuring the site works on the CLIENT’S hosting account takes longer then 1 hour the CLIENT agrees to pay of any additional time at £40.00 per hour.
The CLIENT agrees to undertake any communication required with their HOSTING COMPANY.
This CONTRACT does not include any maintenance or security updates. Web page and website maintenance will be the responsibility of the CLIENT. If a SUPPORT CONTRACT is entered into between 365i and the CLIENT, it will be contained within its own document and not connected to this CONTRACT. However, this CONTRACT does include minor modifications and corrections requested during development and within a two-week period from completion up to a total of 10 minutes per page, including updating links and making minor changes to a sentence or paragraph.
All requests for changes and corrections must be submitted on a new Support Ticket and must be provided as a Word document or PDF stating the page title and page URL and provide clear details of the required change or correction. The document or any images may also be uploaded to Dropbox.
If the CLIENT or an agent other than 365i attempts to update the CLIENT’s pages, the time taken to repair the website or pages will be assessed and charged at the standard hourly rate of £40/hour and is not included as part of the development or modification time.
All services agreed to in this CONTRACT shall be sold for the price specified in the QUOTATION. Payment by debit/credit card or via PayPal through their 365i account. Only once a payment is cleared funds will it be deemed received.
All prices quoted are subject to VAT, and are quoted EXCLUSIVE of VAT.
Preferred payment methods are: Debit or credit card or PayPal.
Unless otherwise stated the following standard terms apply.
WordPress and Web Development projects
Any discounts offered are only deductible and applied to your account, on payment of invoices before the invoice due date. If invoices are paid after the due date then any discount offered becomes void and the full invoice amount is payable
Modules and Component development or modification projects
As a sole project
All other training, consultancy and development services
Full payment on instruction unless otherwise detailed in the quotation or project proposal.
Additional Expenses.
With the prior written permission or acceptance of the quotation the CLIENT agrees to reimburse 365i for any additional expenses necessary for the completion of the work. Examples would be purchase of extensions, scripts, software, special fonts, stock photography and images.
All development and services agreed to in this CONTRACT shall be sold for the price specified in the QUOTATION. Each development project includes minor modifications and corrections requested within a two-week period (from the time the site is uploaded to our development server) up to an average of 10 minutes per page, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text and does not include the configuration of modules with the page. Each module that requires configuring will be charged at £10.00 per module.
Where a bug or error is discovered during development we will investigate for a total of up to 2 hours to attempt to rectify the problem and install a bug fix where either WordPress or plugin vendor has released one.
Site content and Data
The Client will ensure that all files provided have been scanned for viruses and malware. It is the Client’s responsibility to ensure all files are virus and malware free. 365i reserves the right to disable the website and/or delete the files without notice. 365i will not be responsible for any lost of business caused by disabling the website and/or deleting the files.
Additional Work and Services.
Any revisions, additions or redesign the CLIENT wishes 365i to perform not specified in the project quotation or specification shall be considered “additional” work and will require a separate payment. Full payment is required on instruction.
The CLIENT must satisfy themselves prior to accepting the QUOTATION or PROPOSAL, that the functionality of the listed plugin meet their requirements.
365i and the CLIENT must work together to complete the website in a timely manner. It is essential that the CLIENT provides the appropriate images, text, data, information, feedback and payments from the CLIENT on time. We agree to work expeditiously to complete the website in a professional and timely fashion.
If the completion of the site has been delayed due to the CLIENT not supplying data, text, images, requested information, feedback or payments then the balance of the project will become due 7 days after we have completed development of the website structure, programming and pages minus any content or material not provided by the CLIENT. If the CLIENT fails to provide images, text, data, information or feedback by the date stipulated by 365i then 365i reserves the right to complete the website with dummy text, images and data and the project will be deemed complete. If the client later supplies the required images, text or data and requires 365i to replace the dummy material, an additional charge will apply at our standard hourly rate.
365i reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion.
In cases where the client delays project work due to lack of communication, direction, or any form of lack of supplied content for a period exceeding 28 days, the project is deemed to be cancelled at the clients request and any deposit paid is forfeit unless 365i formally agree a project suspension period which will not exceed 28 days.
The CLIENT represents to 365i and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to 365i for inclusion in the web pages 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 and defend 365i and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.
The CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical material and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material avocation illegal activity and any infringement of privacy or libel.
The CLIENT hereby agrees to indemnify and hold harmless 365i from any claim resulting from the CLIENT’s publication of material or use of those materials. The CLIENT hereby agrees to indemnify and hold harmless 365i in any claim resulting from the submission of illegal materials. If 365i shall acquire an Internet domain name on behalf of the CLIENT, then in such case the CLIENT hereby waives any and all claims which it may have against 365i for any loss, damage, claim or expense arising out of or in relation to the registration of such domain name in any on-line or off-line network directories, membership lists, or registration lists, or the release of the domain name from such directories or lists following the termination of the providing of this service by 365i for any reason.
Copyright to the templates, source code, graphics and instruction manuals created or produced by 365i are owned by 365i. Upon full and final payment of this CONTRACT, the CLIENT is assigned rights to use the design, graphics, template and source code contained in the finished, assembled website. Rights to photos, graphics, source code, work-up files and computer programs are specifically not transferred to the CLIENT, and remain the property and copyright of their respective owners.
This does not affect the rights of respective copyright owners.
Copyright to WordPress and any 3rd Party Extensions remain with their developers although you are assigned the rights to use them subject to the licencing of any commercial extension.
365i reserves the right to include a byline, hyperlink and/or meta tags establishing authorship credit within the template or website. The CLIENT agrees not to remove, hide, have removed or have hidden this byline, hyperlink or meta tags without prior written permission from 365i and paying the appropriate fee which is equal to 25% of the project cost.
365i, except as directed by the CLIENT, or if required to do so by law, will not at any time during or after the term of this CONTRACT disclose any Confidential Information to any person whatsoever. Where the CLIENT requires 365i to sign a Nondisclosure document the CLIENT agrees to pay the legal fees of 365i.
We reserve the right to cancel any of our agreements with you at any time if we believe you are contravening any of our terms by issuing you with a ‘Notice of Termination of Service’ email. The ‘Notification of Termination of Service’ is the only official mechanism by which a contract may be cancelled by 365i. Any other form of correspondence, no matter what the content or type will not be deemed an official notice of termination of service.
You have a similar right to terminate any agreements held between us by providing 7 day’s notice in writing or email, however on so doing you will become immediately liable for all outstanding charges, including the full cost of any web design or other work that we have started, whether complete or not. In the event that work is postponed or cancelled at the request of the CLIENT prior to the commencement of work, the CLIENT will forfeit any deposit or pre-payment paid under this AGREEMENT.
Upon termination of any agreement, you are liable for all outstanding fees, including but not limited to software, extensions, scripts, images or other items or services purchased for the project, which will become payable immediately.
The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment.
In order for 365i to remain in business, payments must be made promptly. Invoices are due upon receipt. If payment is not received within 7 days I reserve the right to stop work until full payment of the project has been received. If an amount remains outstanding thirty days after its due date, an additional five percent (5%) above the Bank of England base rate, penalty will be added for each month the invoice remains outstanding. 365i reserves the right to remove web pages and websites from viewing on the Internet and block email accounts until final payment is made. 365i is not responsible for any loss of business this may cause. In case debt collection proves necessary, the CLIENT agrees to pay all fees incurred by that process.
All requests and acceptances must be logged via the helpdesk at https://my.365i.co.uk/manage Emails should be sent to support@365i.co.uk
The following rates apply:
During normal weekday office hours
Standard site updates, template tweaks, component installation, component development, software upgrades and site maintenance, support work required to be carried out during normal office hours.
All websites developed by 365i come with a 30 day warranty from the date that we inform you we have completed the development. If during this period you discover any bugs or errors a support ticket should be raised via the customer helpdesk detailing the issue and providing as much detail as possible.
On receipt of a support request we will review your request within one working day.
This warranty will be invalid if the client or any 3rd party installs, uninstalls, updates, configures or modifies WordPress or any 3rd party extensions (components, modules, plug-ins or templates).
This warranty will be invalid if the cause of the problem is a result of your web server specification or changes to your web server.
If after investigating or carrying out work to rectify a bug or error we discover that the warranty is invalid we reserve the right to charge the client at our standard hourly rate.
3rd Party Extensions Warranty – We are unable to provide any warranty for extensions developed by 3rd party developers. Where a bug or error is discovered during development and up to 30 days after completion we will liaise with the developer for up to a maximum of 2 hours per extension package to rectify the problem and install a bug fix where the developer has provided one. Outside of this timescale a support contract or support hours will need to be in place to enable us to investigate any issue and install updates where available.
WordPress Warranty – We are unable to provide any warranty for WordPress. Where a bug or error is discovered during development and up to 30 days after completion we will investigate for a total of up to 2 hours to rectify the problem and install a bug fix where WordPress has released one.
This CONTRACT constitutes the sole agreement between 365i and the CLIENT regarding the Web Design and Development Service. It becomes effective when the CLIENT instructs 365i to commence work. This CONTRACT shall be governed and construed in accordance with the laws of the United Kingdom. The parties agree that if any part, term or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.
As part of our audit we may install plugins, or use 3rd party software, to enable us take backups and scan your website files for potential malware and hacks. By ordering your audit, you agree to allow us to install and/or use software in the auditing of your website. Once we have completed our audit, if you choose not to become a development or support customer, we will remove any plugins that we have installed.
