Soda Sites Web Design & Print Terms & Conditions
All services provided by Soda Sites to the Client are subject to the following Terms and Conditions.
A copy of these terms and conditions must be signed by all new clients at the time of submission of work to Soda Sites, indicating agreement to, and acceptance of, these terms and conditions. Alternatively, approval for work to commence and payment of an advance fee shall be deemed a contractual agreement between the client and Soda Sites and will also indicate acceptance of our terms and conditions.
A non refundable deposit of 50% of the total fee payable under the contract is due immediately upon the signing of the contract and prior to work commencement. Soda Sites reserves the right not to begin the Work until the said deposit has been paid in full. The remaining 50% shall become due upon completion of the work prior to the release of materials. This will be subject to the terms of Clause 4.3 Approval of Work and Clause 4.4 Rejected Work hereof.
Maintenance & Hourly Rate Fees
Unless included in the contract site maintenance and additional work will be a chargeable at a rate of £20.00 per hour.
Soda Sites can take no responsibility for services provided by third parties through us or otherwise, including the Hosting of the Client's Website, although Soda Sites will all reasonable steps and endeavour to ensure that Website downtime is kept to a minimum.
Maintenance and Correction of Errors
Soda Sites takes no responsibility for the functionality or maintenance (unless a maintenance contract is in place) of the Website after the Work has been completed. Errors (both technical and typographical) attributable to Soda Sites will be corrected free of charge, but Soda Sites reserves the right to charge a reasonable fee for correction of errors for which Soda Sites is not responsible, including, but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided to Soda Sites by the Client.
Extent of Work
Installation on the Internet is limited to the uploading of all necessary files to the Host, and testing of functionality. Additional work will only be undertaken if previously agreed with the Client and included in the contract.
Under no circumstances will Soda Sites be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimise possible losses as a result of software failure.
Status and Duration of Offers
Proposals and offers are valid for a period of one month from the date issued. Soda Sites is not bound to honour offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties.This timetable must be agreed within the month that the offer is valid. If an acceptable timetable has not been approved by both parties within one month of the offer being made, the offer is deemed to have expired.
Search Engine Listings
The Client accepts that it is Search Engines and not Soda Sites who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines and that huge shifts can appear daily, weekly and even hourly.
4.COMPLETION OF WORK AND PAYMENT
Completion of Work
Soda Sites warrants completing the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client. Soda Sites will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement. Soda Sites will not undertake changes to the specifications of the Work which would increase the cost, without prior authorisation from the Client.
Supply of Materials
The Client is to supply all materials and information required for Soda Sites to complete the Work in accordance with the agreed specification.Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client's failure to supply such materials leads to a delay in completion of the work, Soda Sites has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client's failure to supply materials prevents progress on the Work for more than thirty days, Soda Sites has the right to invoice the Client for any part or parts of the Work already completed. If materials are not provided within four weeks from the original agreed timescale then the client is considered to be in default of the agreed contract, the project will be terminated and the client sent the final invoice for immediate payment. Soda Sites will agree, at it's discretion to recommence the project after agreement is reached on a new quotation and after the original fees have been paid in full.
Approval of Work
Contract will remain in effect until all obligations have been completed in terms of this Clause.
If the Client rejects the Work within the 7 day review period, or will not approve subsequent Work performed by Soda Sites to remedy any points reported by the Client as unsatisfactory, and Soda Sites considers that the Client is unreasonable in his repeated rejection of the Work, the contract will be deemed to have expired and Soda Sites can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
Upon completion of 7 day review period, Soda Sites will invoice the Client for the 50% balancing payment in accordance with Clause 2.1 Fee Payable hereof, which, in the absence of agreement to the contrary, is to be paid by the Client within 21 days of the date that the invoice was issued.
Remedies for Overdue Payment
If payment has not been received by the due date, Soda Sites has the right to suspend ongoing work for Client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 21 days after the due date, Soda Sites has the right to replace, modify or remove all material from it's web space. Soda Sites is not responsible for any loss of data incurred due to the removal of the website and this removal does not relieve the Client's obligation to pay any outstanding monies owing. Cheques returned for insufficient funds will be assessed a return charge of £25.00 and the client's account will be considered in default until full payment is received. Clients with accounts in default agree to pay Soda Sites reasonable expenses, including legal fees and costs for collection by third-party agencies incurred by Soda Sites in enforcing these terms and conditions.
Offers and Proposals
Offers and proposals made by Soda Sites to potential clients should be treated as trade secrets and remain the property of Soda Sites. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorisation from Soda Sites. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
Warranty by Client as to Ownership of Intellectual Property Rights
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Soda Sites for inclusion on the Website. The conclusion of a contract between Soda Sites and the Client shall be regarded as a guarantee by the Client to Soda Sites that all such permissions and authorities have been obtained and that the inclusion of such material on the Website would not constitute a criminal offence. By agreeing to these terms and conditions, the Client removes the legal responsibility of Soda Sites and indemnifies the same from any claims or legal actions however related to the content of the Client's site.
Any Domain Name obtained will belong to the Client. The Client agrees to indemnify Soda Sites, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party. The Client warrants that the domain name sought is not a trademark of a third party. Payment and renewal of domain names is the responsibility of the client and Soda Sites does not accept responsibility for loss or cancellation of a name name through late or non payment.
Soda Sites will hold intellectual copyright of any material created for the client until payment of the final invoice. At this time we will transfer intellectual copyright to the client.
6.RIGHTS AND RESPONSIBILITIES
Right to Terminate
Soda Sites reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.
Events Beyond the Control of Soda Sites
Soda Sites will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire, flood or other events beyond the control of Soda Sites.
Supply and Pricing of Services
Soda Sites reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.
A small link to Soda Sites will appear in either small type or by a small graphic at the bottom of the client's website. This link will be designed to to fit in with the client's website design.
This Agreement shall be governed by English Law.
Survival of Contract
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Change of Terms and Conditions
These terms & conditions may change from time to time.The Client will be informed of revisions as and when they are issued.
Standard Terms and Conditions Soda Sites 2016