Website design terms and conditions:

  1. Definition of Terms

The Client – the entity which enters into a contract with Tactical Website Design.

Domain Name – the root address of a website, e.g. www.webaddress.com. All such names must be registered with the appropriate naming authority, which will usually charge a fee.

Downtime – time when the website is not accessible via the Internet. This may be because of a technical failure of the Host or because work is being carried out on the site.

Host – the company on whose system the Website physically resides.

Link, Hyperlink – a ‘clickable’ link embedded on a web page which may take the form of a graphic or text.

Search Engine – a website which contains a directory of websites on the Internet enabling users to find websites by subject matter classification.

Website – a collection of web pages and associated code which forms an integrated presence.

The Work – the subject matter of the contract between the Client and Tactical Website Design .

  1. Fees

2.1 Fee Payable

A non refundable deposit of 1 month up front of the total fee payable under the contract is due immediately upon engaging Tactical Website Design. Tactical Website Design reserves the right not to begin the work until the said deposit has been paid in full. The fee quoted in the contract does include the cost of domain registration & hosting.

2.2 Maintenance Fees

Maintenance. Fees will be assessed on an hourly basis at £40 per hour or part thereof. No fee will be required in a month where no updating is necessary.

2.3 Late Fees

Failure to make payment to Tactical Website Design will result thereafter in account termination. Debt recovery and administration fees of £90 will be added to the total amount owed and interest will at this point be charged on the total debt at the annual statutory rate of 8%, plus the Bank of England base rate of 0.5%, totalling 8.5% p/a. These amounts are set by late payment legislation.

An example for this would be if Tactical Website Design were owed £1,000:

the annual statutory interest on this would be £85 (1,000 x 0.085 = £85)

divide £85 by 365 to get the daily interest: 23p a day (85 / 365 = 0.23)

after 50 days this would be £11.50 (50 x 0.23 = 11.50)

Total owed including £90 admin fee after 50 days would be: £101.50

2.4 Custom Work

Custom HTML, CSS, JS or PHP work is charged at £40 p/h. Time divisions are broken up within the hour in to 4 segments and are rounded to the nearest quarter for billing purposes. Example: Clients will be billed for 45 minutes if the amount time of works taken was 33 minutes.

  1. Disclaimers

3.1 Third Parties

Tactical Website Design can take no responsibility for services provided by third parties through us or otherwise, including the Hosting of the Client’s Website, although Tactical Website Design will endeavour to ensure that Website downtime is kept to a minimum.

3.2 Maintenance and Correction of Errors

Tactical Website Design takes no responsibility for the functionality of the Website after the Work has been completed. Errors (both technical and typographical) attributable to Tactical Website Design will be corrected free of charge, but Tactical Website Design reserves the right to charge a reasonable fee for correction of errors for which Tactical Website Design is not responsible, including, but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided to Tactical Website Design by the Client.

3.3 Extent of Work

Installation on the Internet is limited to the uploading of all necessary files to the Host, and testing of functionality. No registration of the Website with Search Engines will be undertaken unless otherwise agreed with the Client.

3.4 Consequential Loss

Under no circumstances will Tactical Website Design be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure.

3.5 Status and Duration of Offers

Proposals and offers are valid for a period of one month from the date issued. Tactical Website Design is not bound to honour offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the month that the offer is valid. If an acceptable timetable has not been approved by both parties within one month of the offer being made, the offer is deemed to have expired.

3.6 Search Engine Listings

Tactical Website Design does not guarantee listings on Search Engines and the Client accepts that it is Search Engines and not Tactical Website Design who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines and that a new website may never even appear on Search Engines at all. Tactical Website Design does not control Search Engines algorithms and huge shifts can appear daily, weekly and even hourly.

  1. Completion Of Work and payment

4.1 Completion of Work

Tactical Website Design warrants completing the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client. Tactical Website Design will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement. Tactical Website Design will not undertake changes to the specifications of the Work which would increase the cost, without prior written authorisation from the Client. The Client will agree to have a hyperlink to Tactical Website Design ‘s website placed on their website. Should the Client wish to not have or remove this hyperlink, a fee of £1000 will be payable and charged.

4.2 Supply of Materials

The Client is to supply all materials (content supplied via email, CD, flash drive etc) and information required for Tactical Website Design to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client’s failure to supply such materials leads to a delay in completion of the work, Tactical Website Design has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client’s failure to supply materials prevents progress on the Work for more than 21 days, Tactical Website Design has the right to invoice the Client for any part or parts of the Work already completed.

4.3Approval of Work

On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Tactical Website Design , in writing, of any unsatisfactory points within 7 days of receipt of such notification. Any of the Work which has not been reported in writing to Tactical Website Design 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% balancing payment under Clause 2.1 Fee Payable will become due. The Contract will remain in effect until all obligations have been completed in terms of this Clause.

4.4 Rejected Work

If the Client rejects the Work within the 7 day review period, or will not approve subsequent Work performed by Tactical Website Design to remedy any points reported by the Client as unsatisfactory, and Tactical Website Design considers that the Client is unreasonable in his repeated rejection of the Work, the contract will be deemed to have expired and Tactical Website Design can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment, as mentioned in Section 2.

4.5 Payment

Upon completion, Tactical Website Design will continue to invoice the Client for pre-agreed monthly fee in accordance with Clause 2.1 Fee Payable hereof, which, in the absence of agreement to the contrary, is to be paid by the Client within 7 days of the date that the invoice was issued.

4.6 Remedies for Overdue Payment

If payment has not been received by the due date, Tactical Website Design has the right to suspend ongoing hosting services for the Client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 7 days after the due date, Tactical Website Design has the right to replace, modify or remove the Website and revoke the Client’s licence of the Work until full payment has been received. By revoking the Client’s licence of the Work or removing the web site from the Internet, Tactical Website Design does not remove the Client’s obligation to pay any outstanding monies owing.

4.7 Databases, Applications, Custom Applications and E-Commerce Development

Tactical Website Design 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.

4.7(i) Databases, Applications, Custom Applications and E-Commerce Development

Any scripts, cgi applications or software (unless otherwise specifically agreed) written by Tactical Website Design remain the copyright of Tactical Website Design and may only be commercially reproduced or resold with the permission of Tactical Website Design.

4.7(ii) Databases, Applications, Custom Applications and E-Commerce Development

Tactical Website Design 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.

4.7(iii) Databases, Applications, Custom Applications and E-Commerce Development

Where applications or sites are developed on servers not recommended by Tactical Website Design , 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 clients responsibility to provide a suitable testing environment which is identical to the final production environment.

4.7(iv) Databases, Applications, Custom Applications and E-Commerce Development

The client is expected to test fully any application or programming relating to a site developed by Tactical Website Design before being made generally available for use. Where bugs, errors or other issues are found after the site is live, Tactical Website Design will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

  1. Intellectual Property

5.1 Offers and Proposals

Offers and proposals made by Tactical Website Design to potential clients should be treated as trade secrets and remain the property of Tactical Website Design . Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from Tactical Website Design. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.

5.2 Warranty by the Client as to Ownership of Intellectual Property Rights

The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Tactical Website Design for inclusion on the Website. The conclusion of a contract between Tactical Website Design and the Client shall be regarded as a guarantee by the Client to Tactical Website Design that all such permissions and authorities have been obtained and that the inclusion of such material on the Website would not constitute a criminal offence or a civil matter. By agreeing to these terms and conditions, the Client removes the legal responsibility of Tactical Website Design and indemnifies the same from any claims or legal actions however related to the content of the Client’s site.

5.3 Domain Name

Any Domain Name obtained will belong to the Client. The Client agrees to indemnify Tactical Website Design, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party. The Client warrants that the domain name sought is not a trademark of a third party.

5.4 Licensing

Once Tactical Website Design has received full payment of all outstanding invoices and the Work has been approved by the Client in accordance with Clause 4.3 hereof, the Client will be granted a licence to use the Website and its contents.

5.5 Trade Secrets

Any code that is not freely accessible to third parties and not in the public domain, and to which Tactical Website Design or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from Tactical Website Design. Unless previously agreed otherwise in writing, no modifications may be made by the Client or any third party to code to which Tactical Website Design or their suppliers owns the copyright. Tactical Website Design acknowledges the intellectual property rights of the Client. Information passed in written form to Tactical Website Design, and that the Client has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the Client.

  1. Rights and responsibilities

6.1 Right to Terminate

Tactical Website Design reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.

6.2 Events Beyond the Control of Tactical Website Design

Tactical Website Design will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Tactical Website Design.

6.3 Supply and Pricing of Services

Tactical Website Design reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.

  1. Interpretation

7.1 Jurisdiction

This Agreement shall be governed by the laws of the UK which shall claim venue and jurisdiction for any legal action or claim arising from the contract between Tactical Website Design and the Client. The said contract is void where prohibited by law.

7.2 Survival of Contract

Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

7.3 Change of Terms and Conditions

These terms & conditions may change from time to time. The Client will be informed of revisions as and when they are issued.

7.4 Terms and Conditions of Customer Domain Registration and Customer Web Hosting

By signing this document means that you have read and understood the Terms and Conditions of the Customer Domain Registration and Customer Web Hosting.

7.5 Terms of Business

Once Tactical Website Design receive in writing, stating that you wish Tactical Website Design to undertake the agreed work for you at the agreed price, you are agreeing to these terms.

  1. Complaints

8.1 Informal Procedure

Anyone who experiences a problem with their web service provided by Tactical Website Design should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material and clearly outlining the grounds for complaint. Tactical Website Design will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

8.2 Formal Procedure

A formal complaint should be made in writing to Tactical Website Design 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.