Standard terms and conditions

These are the standard terms and conditions for website design and development and apply to all contracts and work undertaken by twoants for its clients. We have tried to keep these terms and conditions brief, easy to understand, and as straightforward as possible. If the client has any questions, please contact us.
The final version of the terms & conditions specified in each individual contract will be bespoke to the client’s needs.

Our fees and deposits

A 50% deposit of the total fee payable under our proposal is due immediately upon the client instructing us to proceed with the website design and development work following our initial meeting. The remaining 50% shall become due when the work is completed to the client’s reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full. Quotations are valid for a period of 28 days and twoants holds the right to alter or decline providing the quotation after the expiry of the 28 days period.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and the client terminates the contract through no fault of ours.

Supply of materials

The client must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written content, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where the client fails to supply materials, and that prevents the progress of the work, we have the right to invoice the client for any part or parts of the work already completed.

Variations

We will give the client an opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if the client makes a change to the original design specification as outlined in the proposal.
Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification detailed in the proposal will be charged at the rate of £50.00 per hour.

Project delays and client liability

Any time frames or estimates that we give are contingent upon the client’s full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from the client’s side and be made available on a daily basis in order to expedite the feedback process.

Approval of work

On completion of the work the client will be notified and have the opportunity to review it. The client must notify us in writing (email accepted) of any unsatisfactory points within 7 days of such notification. Any of the work, which has not been reported in writing (email accepted) to us as unsatisfactory within the 7-day review period, will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the total project cost will become due.

Rejected work

If the client rejects any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that the client has been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

Payment

Upon completion of the project, we will invoice the client for the 50% balance of the project. Payments are made either in cash or bank transfer and the client will receive payment details in their proposal.

Warranty by you as to ownership of intellectual property rights

The client must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that the client supply to us to include in the client’s website or web applications.
The client must indemnify us and hold us harmless from any claims or legal actions related to the content of the client’s website.

Licensing

Once the client has paid us in full for our work we grant to the client a license to use the website and its related software and contents for the life of the website.

Search engines

We do not guarantee any specific position in search engine results for the client’s website. We perform basic search engine optimisation according to current best practice.

Consequential loss

We shall not be liable for any loss or damage that the client may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

Sub-contracting

We reserve the right to sub-contract any services that we have agreed to perform for you as we see fit.

Non-disclosure

We (and any sub-contractors we engage) agree that we will not at any time disclose any of the client’s confidential information to any third party.

Additional expenses

The client agrees to reimburse us for any requested expenses which do not form part of the original proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

Backups

The client is responsible for maintaining their own backups with respect to their 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.

Ownership of domain names and web hosting

We will supply to the client account credentials for domain name registration and/or web hosting that we purchased on your behalf when the client reimburses us for any expenses that we have incurred as detailed in the original proposal.

Privacy & confidentiality

Twoants adheres to all national and EU data protection, data transfer, data retention, and privacy and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.

Design credit

Twoants will place a link at the bottom of the client’s website in the form of text or a graphic that blends with the overall design of the project. Additionally the project will be published in the twoants portfolio section. If the client wishes the removal of twoants signature link at the bottom of the website, a removal fee of £50.00 applies.

Browser compatibility

By using current versions of well-supported content management systems such as “Wordpress” and/or “CS-Cart”, we endeavour to ensure that the web sites, which 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.

E-Commerce

The client is responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify twoants and its sub-contractors from any claim, penalty, tax, tariff loss or damage arising from the clients or third party use of Internet electronic commerce.

Affiliate payment

In order to be able to participate in the Affiliate Programme the client will first need to make a registration and become an affiliate member by visiting the Affiliate Programme page and completing the Affiliate Application. We do not give commission to non-registered and non-approved members.
The commission rate for a referred customer is 20% of the project’s overall quote excluding VAT charges (when these apply). Affiliate members receive their commission via PayPal after the client has released the final payment for the project. Twoants hold the right to release commission payments within 30 days from the time the referred client’s project has been completed and paid.

Disclaimer

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of twoants under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

Governing law

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of England & Wales. The client, and twoants submit to the non-exclusive jurisdiction of the courts in England & Wales in relation to any dispute arising under these terms and conditions or in relation to any services we perform for the client. Although we have tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of English & Welsh Law and Courts.

Changes to these terms and conditions

Twoants reserves the right to add, delete, or modify any provision of these terms and conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These terms and conditions will always be available to download or print from our website.