terms & conditions

general

  • All quotes and agreements supplied by Heppiness Web Design are valid for a period of 14 days or until withdrawn by Heppiness Web Design, services requested in addition to this quote will shall be quoted seperately or as a new comprehensive quote.
  • All accepted quotes, either verbally or in writing are subject to all terms and conditions within this document.
  • The Buyer acknowledges and agrees that Heppiness Web Design shall produce a web site, sponsored listing or seo campaign based on information provided to it by the Buyer.
  • It shall be the responsibility of the Buyer (and not Heppiness Web Design) to review and approve the content of the Web Site,  sponsored listing or seo campaign based (including, without limitation, the spelling of names and addresses and the accuracy of telephone numbers) at the time of the completion of such Web Site by Heppiness Web Design to the Buyer for approval by the Buyer.
  • Heppiness Web Design shall have no liability to the Buyer for any inaccuracies in the Web Site,  sponsored listing or seo campaign based if and to the extent that the Buyer has failed to review and/or approve provided to the Buyer by  Heppiness Web Design pursuant to this Agreement.
  • The Buyer shall indemnify Heppiness Web Design and keep Heppiness Web Design indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement by a third party of any patent, registered design, unregistered design, design right, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by Heppiness Web Design with the Buyer”s instructions, whether express or implied.

 

web site design

  • The client unconditionally guarantees that any element of text, graphics or other artwork furnished to Heppiness Web Design for inclusion in the web design project 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 Heppiness Web Design and it”s subcontractors from any claim or suit arising from the use of such elements furnished by the client.
  • All creation files remain the intellectual property of Heppiness Web Design on completion of a web design project.
  • Heppiness Web Design shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivatives works, and distribute any item from the clients web pages unless specifically agreed to do otherwise. Further, Heppiness Web Design shall be free to use any ideas, concepts, know how or techniques acquired in the construction of web sites for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and any other items incorporating such information unless specifically agreed otherwise.

 

search engine optimisation

  • Whilst Heppiness Web Design will attempt to improve the position of your website in search engine results in response to a search request, we do not warrant that this effort is in any way guaranteed.
  • Heppiness Web Design cannot be held responsible for any changes to the position of you Web Site in the Search Engine results in response to a search.

 

search engine marketing

  • Whilst Heppiness Web Design will attempt to improve site traffic results in response to a search request, we do not warrant that this effort is in any way guaranteed.
  • Heppiness Web Design cannot be held responsible for any changes to the position of you listing in sponsored listing results in response to a search.

 

email systems

  • Heppiness Web Design shall have no liability for the use or upkeep of the email system offered under hosting packages.
  • The Buyer shall indemnify Heppiness Web Design and keep Heppiness Web Design indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement of the law regarding the use of email.

 

payment

  • Web Sites – Heppiness Web Design shall produce a quote based on the design brief of the client. If accepted a non-refundable deposit of 50% of the quoted amount will be paid by the client before any work can commence. The Web Site shall be built in a test environment in order to facilitate the reviewal and approval process requested of the Buyer. On completion the buyer will be invoiced for the full amount payable minus the deposit paid. Only clearance of the remainder of payment shall the web site be transferred to the Buyers choice of domain name and/or server. In the event that the clients server is used a non-refundable deposit of 50% of the quoted amount will be paid by the client before any work can commence, on completion the buyer will be invoiced for the full amount payable minus the deposit paid. In the event of non-payment, the site will be removed from public view on issue of a final reminder invoice (21 days) and only returned to live status on clearance of full payment.
  • Search Engine Optimistaion –  Heppiness Web Design shall undertake a SEO campaign only on acceptance of a quote and clearance of full payment. The buyer will be invoiced on acceptance of a quote produced by Heppiness Web Design.
  • Search Engine Marketing – Heppiness Web Design shall undertake a SEM campaign only on acceptance of a quote and clearance of full payment. The buyer will be invoiced on acceptance of a quote produced by Heppiness Web Design.
  • Social Network Integration – Heppiness Web Design shall undertake a Social Integration campaign only on acceptance of a quote and clearance of full payment. The buyer will be invoiced on acceptance of a quote produced by Heppiness Web Design.
  • Email systems – The cost of upgrading email systems shall be met by the client prior to any upgrades taking place.
  • All invoices from Heppiness Web Design are subject to the following payment terms. Day 1: Initial Invoice – 14 days payment terms. Day 15: Reminder Invoice – 14 days payment terms. Day 21: Final Reminder Invoice – 7 days payment terms. Day 28: Invoice past due.
  • If the Buyer fails to pay any amount due to Heppiness Web Design under this Agreement on the relevant due date, default interest at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998 shall be added to such amount for the period from the day after the due date until the date of receipt (whether before or after judgment) together with any reasonable and proper amounts incurred by Heppiness Web Design in seeking to recover such late payment from the Buyer (including, without limitation, legal fees).

 

warranty and limit of responsibility

  • Heppiness Web Design acknowledges and agrees that it shall perform the Services:
    • with reasonable skill and care; and
    • in accordance with good industry practice.
  • The Buyer acknowledges and agrees that Heppiness Web Design shall have no liability to the Buyer in respect of the positioning of the Buyer”s Web Site.
  • The Buyer”s remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Services or Web Site or any workmanship in relation to them (whether or not involving negligence on the part of Heppiness Web Design) shall, in all cases, be limited to re-performance of the Services or refund of the relevant purchase price.
  • Heppiness Web Design shall not in any circumstances be liable to the Buyer for any indirect or consequential losses or any loss of profits purported to have been suffered by the Buyer.
  • Heppiness Web Design shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside its control.

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