terms and conditions
The content on this page is the kind of mumbo jumbo that all businesses need. Please read through it at your own leisure as by placing an order with Westerburgh Web, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client: The company or individual requesting the services of Westerburgh Web.
Westerburgh Web will carry out work only where an agreement is provided either by email, telephone or post. Westerburgh Web will carry out work only for clients who are 18 years of age or above. Work can be carried out to minors but proper consent has to be given by the legal guardian. An 'order' is deemed to be a written or verbal contract between Westerburgh Web and the client; this includes telephone and email agreements.
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Westerburgh Web cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Westerburgh Web until all outstanding accounts are paid in full.
Any scripts, cgi applications, asp/php scripts, or software (unless specifically agreed) written by Westerburgh Web remain the copyright of Westerburgh Web and may only be commercially reproduced or resold with the permission of Westerburgh Web.
Westerburgh Web cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website.
We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any coding additions to website briefs provided will be carried out at the discretion of Westerburgh Web and may carry an additional cost.
Where no charge is made by Westerburgh Web for such additions, Westerburgh Web accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Westerburgh Web all materials required to complete the site to the agreed standard and within the set deadline.
Westerburgh Web will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Westerburgh Web will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Westerburgh Web will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Westerburgh Web will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
In no event shall Westerburgh Web be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
• In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.
• If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
• We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.
A non-refundable deposit of 25% is required with all of our projects before any design work will be carried out.
Once a website has been designed and completed, the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer wants the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.
Database, Application and E-Commerce Development
Westerburgh Web cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by Westerburgh Web remain the copyright of Westerburgh Web and may only be commercially reproduced or resold with the permission of Westerburgh Web.
Where applications or sites are developed on servers not recommended by Westerburgh Web, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Westerburgh Web before being made generally available for use.
Westerburgh Web will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer and to an acceptable level with Mozilla browsers, such as Firefox. Westerburgh Web can offer no guarantees of correct function with all browser software as they constantly change. If the client needs the pages to be optimised on specific browser software, this will need to be outlined in the initial brief.
Whilst Westerburgh Web recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Westerburgh Web cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Westerburgh Web reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites.
We use 'white hat techniques' when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved, payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
Westerburgh Web reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is Westerburgh Web's policy that any outstanding accounts for work carried out by
Westerburgh Web or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Westerburgh Web.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Westerburgh Web have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
Anyone who experiences a problem with their web service provided by Westerburgh Web should raise the matter directly using our online contact form, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Westerburgh Web will approach the individual responsible for the material in question with a view of resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Westerburgh Web, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.