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Design
I will provide you with a written quotation before starting work on your project. Later deviations from the quoted design may incur extra cost but you will always be informed of the new price before any changes are made.
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Payments
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A deposit of £50 or 25% (whichever is higher) is required on all projects.
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Once the site is live the balance of the payment will be due within one calendar month from the date of the final invoice.
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If I am kept waiting for over two months without receiving content or approvals needed in order to proceed, I reserve the right to charge for work done up to that point at the rate of £30 per hour.
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Copyright
It is your responsibility to ensure you have the right to reproduce the text and pictures supplied by you. You agree to indemnify me against any liability due to breach of copyright caused by the use of any material supplied by you.
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Ownership
Your site belongs to you once your balance is paid. However you do not own the copyright on the design, or on any pictures or photos supplied by me.
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Testing
Your site will be tested thoroughly before completion. When your site goes live, you should check that each part of it is working to your satisfaction. I will not be liable for any losses arising from errors or omissions notified to me more than one month after completion.
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Hosting Service
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I currently use CavanaghNet for my hosting services. Should it become necessary to change providers I would advise you of this before moving your site. Such a change of provider would not change your URL.
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No host can guarantee a 100% continuous service for web hosting or e-mail. I will not be liable for any problems or losses arising directly or indirectly from the failure of these services.
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Web hosting charges are payable in advance. Failure to pay web hosting charges may result in your site being removed from the server.
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Site Content
You may only use your site and any associated e-mail addresses for lawful purposes. You may not use them for unsolicited advertising by e-mail, pornography, other adult content, abuse, libel, inciting racial hatred, distributing pirated material or hacking.
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Cancellation
Web hosting and e-mail forwarding can be cancelled at any time by you or by me. I will pay pro-rata refunds for unused months paid in advance unless I am cancelling because you are in breach of this agreement.
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Domain Name
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If you ask me to register a domain name for you, I will register it in your name. In doing this, I am acting as your agent with the appropriate Naming Authority. The contract of registration is between you and them and is subject to their terms and conditions, which you should read before registering. It is your responsibility to ensure that you have the right to use the name you register.
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Registration is for two years unless otherwise agreed. It is your responsibility to make sure the registration is renewed so please keep a note of the date and make sure the registration authority know of any change in your contact details.
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Indemnification
You agree that you will defend, indemnify, save and hold myself and CavanaghNet (or any replacement service provider) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ourselves, CavanaghNet (or any replacement service provider), its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold harmless myself and CavanaghNet (or any replacement service provider) against liabilities arising out of;
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any injury to person or property caused by any products sold or otherwise distributed in connection with CavanaghNet’s (or any replacement service provider's) server;
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any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;
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copyright infringement and
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any defective products sold to customers from CavanaghNet’s (or any replacement service provider's) server.
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Limitation of Liability
The limit of my liability to you will be the greater of £500 or the cost of my services as charged to you in the last three years.
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Governing Law
Any claim or matter arising under these terms shall be governed by and construed in accordance with English law.
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Changes to Terms & Conditions
Unless restricted by prior agreement with you, I reserve the right to change these terms and conditions at any time. No changes will apply to you unless I have notified you of them in advance, at which point you have the right to cancel if you are not in agreement with them.