Terms & Conditions
The following terms and conditions apply to all website design/redesign or mobile application provided by Webanywhere Limited to the Client. These terms and conditions supersede any previous terms and conditions and are effective as of 1st January 2019.
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 (referring to these Terms and Conditions) then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
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.
Charges for services to be provided by Webanywhere Limited are defined in the quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Webanywhere Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, an invoice shall be produced upon acceptance of the quotation. Payment terms of thirty (30) days apply to all invoices.
3. Client Review
Webanywhere Limited will provide the Client with an opportunity to review the appearance and content of the website or mobile application during the design phase and once the overall website or mobile application development is completed. During and at the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Webanywhere Limited otherwise within ten (10) days of the date the approvals are made available to the Client.
4. Turnaround Time and Content Control
Webanywhere Limited will implement the Client’s website or mobile application by the date specified in the project proposal, or at date agreed with, unless a delay is specifically requested by the Client and agreed by Webanywhere Limited.
During the project, Webanywhere Limited will require the Client to provide website content; text, images, movies and sound files in a satisfactory and expedient manner.
5. Failure to provide required website content or consent
To remain efficient, we must ensure that projects we have scheduled are 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 an expedient manner. On any occasion, should consent or approval be assumed by Webanywhere Limited after a period of ten (10) days where progress cannot be made with your website or mobile application because we have not been given the required information or consent in the agreed time frame, and additional work is required as result, we reserve the right to impose a surcharge of up to 25%.
If you agree to provide us with the required information and subsequently fail to do within ten (10) days of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
Using our content management system, you are able to keep your content up to date yourself.
Invoices will be provided by Webanywhere Limited upon order acceptance. Unless agreed otherwise in writing, our standard payment terms are thirty (30) days from receipt of invoice. 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.
7. Additional Expenses
Client agrees to reimburse Webanywhere Limited for any additional expenses necessary for the completion of the work (as per the quotation). Examples would be photography, drone footage etc.
8. Web Browsers
Webanywhere Limited makes every effort to ensure websites and mobile applications are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 11+, Microsoft Edge, Google Chrome, Safari etc.). Mobile applications are designed to run across iOS and Android devices. Client agrees that Webanywhere Limited cannot guarantee correct functionality with all browser and device combinations across different operating systems.
Webanywhere Limited cannot accept responsibility for websites or mobile applications which do not perform acceptably in new versions of browsers released after the website have been designed or new iOS/Android versions and handed over to the Client. As such, Webanywhere Limited reserves the right to quote for any work involved in changing the website or mobile application for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Webanywhere Limited’s Web space, Webanywhere Limited will, at its discretion, remove all such material from its web space. Webanywhere Limited 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. 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. Clients with accounts in default agree to pay Webanywhere Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Webanywhere Limited in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Webanywhere Limited services may be used for lawful purposes only. You agree to indemnify and hold Webanywhere Limited harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Webanywhere Limited the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Webanywhere Limited permission and rights for use of the same and agrees to indemnify and hold harmless Webanywhere Limited from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or mobile application shall be regarded as a guarantee by the Client to Webanywhere Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Design Credit
A link to Webanywhere Limited will appear in either small type or by a small graphic at the bottom of the Client’s website or mobile application. 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 £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Webanywhere Limited’s portfolio.
14. Post-Placement Alterations
Webanywhere Limited 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.
15. Support & Maintenance
Webanywhere Limited will support the website or mobile application throughout the lifetime of the agreement. Support consists of resolving incidents (either permanently or via an acceptable workaround) and offering help and assistance. Any requests for website or mobile application amendments fall outside of this Support & Maintenance and are chargeable at the rates defined in the standard price list in effect at the time of the request. Webanywhere Limited commit to an uptime SLA (for non pre-agreed outages) of not less than 90% – calculated over the entire period of the agreement. Support calls will be judged on the basis of impact and severity and the priority of such shall be dealt with accordingly. Webanywhere Limited reserve the right to perform maintenance on the hosting infrastructure when deemed necessary and to avoid outages. Any planned maintenance will be informed with no less than ten (10) days’ notice to the customer.
16. Domain Names
Webanywhere Limited 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 Webanywhere Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance of a quotation constitutes agreement to and acceptance of these Terms and Conditions.
18. Governing Law
This Agreement shall be governed by English Law.
Webanywhere Limited hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site or mobile application;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Webanywhere Limited to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
20. Force Majeure
Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure is occasioned by any act of God, fire, flood, storm or other inclement weather, earthquake, act or omission of government or state, war or other hostilities, acts of terrorism, explosion, civil commotion, insurrection, embargo or prevention from or hindrance in obtaining any energy or other similar supplies, industrial dispute affecting a third party for which a substitute third party is not readily available, or any other circumstance which is beyond the reasonable control of the affected party. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 10 weeks, the party not affected may terminate this Agreement by giving 90 days’ written notice to the affected party.
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.