EKDesign

THIS AGREEMENT IS A BINDING AGREEMENT BETWEEN EKDESIGN AND YOU. BY MAKING AN ORDER FOR EKDESIGN SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT, IN WHICH CASE “YOU” SHALL MEAN SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHALL NOT MAKE AN ORDER FOR EKDESIGN SERVICES. 

Definition of our terminology as used within this document:

1. A 'Project' is any work undertaken or service provided by ekDesign for the client on their request. Full details are available in our order confirmation email to that client.
2. A 'Client' is a person, persons, business or organisation using any of the services provided by ekDesing.
3. 'The Payment Period' shall be the time allowed by ekDesign for receipt of all monies owed to ekDesign by the client.
4. A website becomes 'Live' from the date it is publicly available on the clients chosen domain name.
5. 'Domain name' is the website address as specified by the client.
6. 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
7. 'Hosting' is a yearly fee to keep a client's website activated online.
8. 'Content' is a generic term that applies to text and/or images that the client requires on the website.
9. 'Audio visual content' is images, audio and/or video/animation that the client requires on the website.

1. The contract between ekDesign and the client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2. The works to be carried out shall be as set out in the ekDesign order confirmation email.
3. ekDesign will only commence work on a project after receipt of 25% deposit of the quoted project fee from the client. The final 75% payment is to be made on completion of the website. The website will be made live once the clients remaining balance is paid in full.
4. ekDesign reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by ekDesign but possible providing ekDesign decide upon this option.
5. ekDesign shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate legally within UK law. It is essential that the website and/or any part of its content is not illegal in UK and/or international law.
6. Where visual content used on the website has been purchased by ekDesign on behalf of the client, it is strictly for use on the website only. ekDesign are not liable for misuse of visual content by the client or any other person/s copying, altering or distributing the content to individuals or other organisations. A separate and specific license is required for use in publications such as leaflets, brochures, etc.
7. ekDesign will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so we will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control.
8. ekDesign cannot be held responsible for anything adversely affecting the client's business operation, sales, or profitability that they might claim is a result of a service offered by ekDesign .
9. Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.
10. ekDesign will provide the client with an expected project completion date (live on the internet) if requested. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date.
11. It is the clients responsibility to check with ekDesign that open source software is being used or not.
12. We do not charge customers for open source software. If there is a charge for a website using open source software, you are paying for installation and/or configuration time. Open source software is not owned by ekDesign or our client.
13. ekDesign own all design, code and content of the website until final payment has been received in full. Once final payment is received, the client will then own the design and code of the website unless open source software is used.
14. All audio visual content displayed on the client's website will only be used after authorisation by the client and is the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any audio visual content supplied by the client , they will be the sole responsibility of the client.
15. Domain names will be registered by ekDesign and also registered to the ekDesign current address. Although the domain names are registered to ekDesign, the client is the legal owner of the domain name and if they request to have details changed or the domain transferred elsewhere, ekDesign will do this within reasonable time.
16. It is the responsibility of the client to renew their domain names when due. If a domain name expires, ekDesign can not be held liable for this. However, ekDesign will make reasonable effort to contact the client regarding domain renewal.
17. When a client renews 'hosting' with ekDesign, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting, their domain name could be made available to the public for purchase and ekDesign can not be held liable for this.
18. Renewal of 'hosting' is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the client. The 'hosting' will not be renewed if we cannot contact the customer or the customer requests for us to not host this site. This will also affect the domain as per item 17.
19. The hosting renewal charge must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There will be an admin fee set by ekDesign for reactivating the website/hosting.
20. If the client does not use ekDesign hosting services then the management and hosting of the domain are the full responsibility of the client.
21. ekDesign has no control of, or responsibility for, the content of our client's web sites. In no way does the textual or audio visual content of our client's websites constitute ekDesign endorsement, or approval of the web site or the material contained within the website. ekDesign does not verify any of the materials or information contained within our client's web sites and is not responsible for the content or performance of these sites or for the client's transactions with them. ekDesign provides links or references to our client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.
22. ekDesig are not liable for loss, damage or corruption to files or information stored on our servers or individual PC's relating to a client's website. The client is solely responsible for any information or files relating to their website.
23. If a domain name is purchased by the client through a company other than ekDesign, the client has full responsibility in making sure that the domain name is renewed when due. ekDesign will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than ekDesign, nor will it notify the client of any impending renewal date.