Terms & Conditions
Table of Contents
The following terms and conditions apply to all website development / design services, website hosting and search engine optimisation services provided by Wingnut Websites to the Client.
a) It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
b) Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
a) Charges for services to be provided by Wingnut Websites are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Wingnut Websites reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
b) Unless agreed otherwise with the Client, all website design and search engine optimisation services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
c) Payment for services is due by cheque or bank transfer. Bank details will be made available on invoices. Payments by Credit/Debit Card will attract an additional 3.4% processing fee.
3. Client Review
a) Wingnut Websites will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Wingnut Websites otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
a) Wingnut Websites will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Wingnut Websites receiving initial payment, unless a delay is specifically requested by the Client and agreed by Wingnut Websites.
b) In return, the Client agrees to delegate a single individual as a primary contact to aid Wingnut Websites with progressing the commission in a satisfactory and expedient manner.
c) During the project, Wingnut Websites will require the Client to provide website content; text, images, movies and sound files
5. Failure to Provide Required Website Content:
a) Wingnut Websites is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
b) If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently. If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
c) Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
d) Using the Joomla content management system you are able to keep your content up to date your self.
a) Invoices will be provided by Wingnut Websites upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
b) Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30, per month of the total amount due.
c) Unless otherwise stated within the agreement, all our services will be chargeable at a rate of £35 per hour (thirty five pounds sterling).
d) Wingnut Websites reserves the right to increase the chargeable rate at any point giving 30 days of notice to clients.
7. Additional Expenses
a) Client agrees to reimburse Wingnut Websites for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
a) By using current versions of well supported content management systems such as Joomla and WordPress, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
b) Wingnut Websites cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Wingnut Websites reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
a) Accounts unpaid twenty one (21) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Wingnut Websites’s Web space, Wingnut Websites will, at its discretion, remove all such material from its web space. Wingnut Websites is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
b) Terminated accounts are normally deleted two weeks after suspension. During this time the website may or may not be available for restoration. Wingnut Website will not be liable for any loss of data if this process is required. Wingnut Websites will charge a fee of £50 to initiate this process.
c) Cheques returned for insufficient funds will be assessed a return charge of £50 and the Client’s account will immediately be considered to be in default until full payment is received.
d) Clients with accounts in default agree to pay Wingnut Websites reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Wingnut Websites in enforcing these Terms and Conditions.
a) Either party may terminate this Agreement upon giving at least thirty (30) days prior written notice to the other party of its intent to terminate this Agreement.
b) E-mail or telephone requests for termination of services by the client will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
11. Warranties and Limitations on Liability
a) Wingnut Websites warrants that all services provided under any agreement will be provided/developed with all reasonable care and skill.
b) Any illustrations, drawings, colours or diagrams provided in any of Wingnut Websites’ literature or any other published matter are of a general informative nature and are subject to change at any time without notice and shall not constitute as part of any contract nor shall it give rise to any liability.
c) Wingnut Websites excludes all warranties and makes no guarantee concerning the amount of visitors a website will gain. Wingnut Websites can also make no guarantees in relation to any anticipated business or sales in connection with services provided
d) Where Search Engine Optimisation services are provided, Wingnut Websites can not offer any assurances in relation to where the clients website will rank on search engines. Search engine rankings are a result of a number of factors and although Wingnut Websites can follow a series of tasks, the result of the completed tasks can not be guaranteed or predicted. Simplified, Wingnut Websites do not guarantee any specific placement or high ranking on search engines.
e) When updating a website, the client agrees that Wingnut Websites can not be held responsible for any change in search engine rankings when updating, changing, creating or hosting a clients website. This also includes potential downtime of a website whether the downtime is beyond the control of Wingnut Websites or not.
f) Wingnut Websites requires as a necessity that the client carry out adequate research before proceeding with a website. This must include checking that the website/idea proposed by the client will operate legally. It is important that the website/idea is not illegal in any way and Wingnut Websites can not be held liable for any legality issues that may arise.
g) A copy of all work will be provided for the client upon completion of a project, the client will be responsible for the work and although Wingnut Websites will take all precautions necessary, we can not be held liable for the loss, damage or corruption of files and information stored on its servers or individual PC’s.
h) Wingnut Websites can not be held liable for any underperformance, loss or damage arising from the clients design or specification error or if the client has chosen an incorrect or unsuitable service for their purposes.
i) Wingnut Websites will not be held liable by reason of representation, warranty, condition or any other term for any indirect or consequential damage, loss or any other claim for compensation arising from our negligence, the negligence of any employees or contractors in connection to the project agreement.
j) Under any other circumstances where Wingnut Websites may be liable, our total liability to the client will never exceed the amount of fees payable and paid to us by or on behalf of the client in relation to the project.
k) Wingnut Websites has no control of, or responsibility for any content displayed on a clients website. In no way does any of the textual or visual elements on a clients website constitute Wingnut Websites endorsement or approval of the materials on a website or the website itself.
l) Wingnut Websites provides links to clients website for the convenience of potential customers and intends that the links be current and accurate but can not guarantee that such links will point to the intended website at all times.
m) Wingnut Websites cannot be held liable for anything adversely affecting the client’s business operation, sales, or profitability that might be claimed is a direct result of a service provided by Wingnut Websites.
12. Intellectual Property and Copyright
a) The client agrees that any and all of the design rights, images, photos, graphics, logos, trademarks, trade names, copyright, patents and any other intellectual property rights created, developed or used in connection with the development of the clients project as detailed in the agreement shall remain the sole property of Wingnut Websites. Acceptance of these terms and conditions will constitute as acceptance to authorise the client with a non-exclusive license to use these rights for the purpose of their business.
b) Should new inventions, designs, processes or software evolve as a result of providing services to the client, the client agrees that all rights as outlined in the above (12a) shall belong to Wingnut Websites.
c) An no point during the project or after the completion, termination, or expiry of a project will the client question or dispute the ownership of all property and rights as referred to in the terms (12a) and (12b).
d) Where Wingnut Websites provides images or text for use in a project on the clients behalf, the intellectual rights will remain with the owner of the image and will be paid for. These images are strictly for use on the website only. Wingnut Websites are not liable for any misuse of images by the client or any other person or persons.
e) It is the responsibility of the client to ensure any text or images they provide for use within the project are of their own intellectual property or permission has been given to use the text or images. In the event of any infringement of any third party intellectual rights the client will indemnify Wingnut Websites against all liabilities, costs, damages or expenses which they may incur.
f) At no point will the client be charged for open source software, Wingnut Websites will not attempt to pass open source software as their own work. Any charges arising from the use of open source software will be for work produced by Wingnut Websites in relation to the project and the installation time required.
13. Standard Media Delivery
a) Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail or memory stick) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Wingnut Websites to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design/SEO Credit
a) A link to Wingnut Websites will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £2000, a fixed fee of £500 will be applied.
b) The Client also agrees that the website developed for the Client may be presented in Wingnut Websites’ portfolio.
c) For SEO clients, if deemed beneficial for SEO purposes, a link to our website will be placed on your website to assist with link building. We will reciprocate with an inbound link from us so long as the outbound link to our website remains visible on your website.
15. Access Requirements
a) If the Client’s website is to be installed on a third-party server, Wingnut Websites must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
a) Wingnut Websites cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
a) Wingnut Websites may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Wingnut Websites. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
a) These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Governing Law
a) This Agreement shall be governed by English Law.
a) You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
21. Content Management System Updates
a) You are responsible for regularly updating the content management system software (Joomla or WordPress) as and when updates are issued. Failure to do so may put your website at risk from cyber-attacks, hacking, malware, viruses and other such harmful offences. Wingnut Websites will not be liable for restoring any client data or client websites, regular backups may help limit the extent of any data loss.
b) If you are hosted on one of our hosting packages then we assume responsibility for updating the content management system, plugins and widgets. In this instance 21 a) does not apply.
c) Certain plugins require an annual subscription fee paid to a third party, we will inform you when this is the case and the fee. We cannot be responsible for any fee increases imposed by a third party. Likewise, if the fee is not paid the plugin may stop working, furthermore, an out of date puts your website at risk from hacking for which we will not be responsible.
a) In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
23. Force Majeure
a) Neither Wingnut Websites or the client shall be responsible to the other party for any delay in performance due to any cause beyond reasonable control of either parties. The affected party shall immediately inform the other party of this occurrence when it happens, stating that the occurrence has happened and the affected party will take all action reasonably possible to remedy the situation and to comply with the terms of this agreement.
b) In the event that the Force Majeure shall continue for more than a continuous period of 21 days, then the party not in default shall be entitled to terminate the agreement with immediate effect. Neither Wingnut Websites or the client will have any liability against the other in respect of this termination arising as a result of the force majeure.
a) If required by the client, Wingnut Websites will provide the means to host the website at the cost agreed in the agreement. Hosting will begin on commencement of the project and when hosting costs have been received. Wingnut Websites will endeavour to provide a professional, reliable service to the client at all times but cannot guarantee the website hosting will be available at all times, particularly in the event of a technical failure beyond the control of Wingnut Websites.
b) Hosting with Wingnut Websites is acquired on a yearly contract and upon agreeing to the terms and conditions, the client is entering into a contractually bound subscription for a year, the hosting costs must be paid in a single one off payment. On receiving a one off single payment the clients website will be hosted for a year. If at any point a payment is not made on time then Wingnut Websites reserves the right to cease hosting a website and will require the remainder of payments be paid. Wingnut Websites also reserves the right to charge an admin fee for re-activation of a website should this situation arise.
c) Hosting will run on a yearly contract. At the end of each year it is the clients responsibility to contact Wingnut Websites if they wish to continue hosting the website. Wingnut Websites will make reasonable efforts to inform the client of any pending hosting renewals.
d) All standard hosting provided by Wingnut Websites is based on 2GB of website and email storage space unless otherwise stated in the contract. If a site will require more than 2GB then the client will be advised of additional costs and hosting solutions.
e) Should the client wish to move a hosting package to another provider then Wingnut Websites reserves the right to charge an administration fee of £50.
25. Sub Contracting
a) Wingnut Websites may require the services of external contractors/freelancers to work on the project. Should this be the case the client acknowledges that our staffing of the project is entirely at Wingnut Websites’ discretion.
26. General Data Protection Regulation (GDPR) Statement
a) As defined by the GDPR, Wingnut Websites is a ‘processor’ and the client is the ‘controller’.
b) We take the data protection of our client’s data seriously and regularly audit our procedures to ensure compliance.
c) In accordance with the GDPR, we are only authorised to act on the documented instructions of the ‘controller’.
d) We will attempt to store all documentation (email/SMS/Whatsapp/written instruction) for a minimum of five years to provide a comprehensive record of exchanges between the ‘processor’ and the ‘controller’ for reference and should any disagreement arise. All digital documentation will be password protected as a minimum and employ encryption techniques where possible to keep the documentation safe.
e) Persons contacting us via our online contact page, direct email, telephone call, SMS or Whatsapp are deemed to have given their consent for us to process their data to enable us to respond to their enquiry. This data normally consists of a name, email address, telephone number and the request. In the event the person contacting us becomes a client then this data will be processed as per paragraph 26 d), otherwise it will normally be deleted after six months.
f) In the event that we have to share data with a third party, we will gain consent from the client beforehand.
g) We use Krystal Hosting and Brixly for our hosting and email packages. By agreeing to our terms and conditions you gives us consent to use Krystal Hosting or Brixly as a sub-processor. Krystal Hosting and Brixly have given written assurance that they are or will be GDPR compliant. If you are using a third party hosting provider, you are responsible for ensuring they are GDPR compliant.
h) EU citizens can request that we amend, delete or move their data to a different organisation. This will be honoured within one month after a written request has been received.
i) In the event of a data breach, we will notify the UK data protection authority (Information Commissioner’s Office) within 72 hours of becoming aware of it.
j) In summary, we believe that we are GDPR compliant.