Products and Service Terms and Conditions
By placing an order with 4 Rivers Web Design, 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 4 Rivers Web Design.
4 Rivers Web Design: Primary designer/site owner & employees or affiliates.
4 Rivers Web Design will carry out work only where an agreement is provided either by email, telephone, mail or fax. 4 Rivers Web Design will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between 4 Rivers Web Design 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, 4 Rivers Web Design 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 4 Rivers Web Design until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by 4 Rivers Web Design remain the copyright of 4 Rivers Web Design and may only be commercially reproduced or resold with the permission of 4 Rivers Web Design.
4 Rivers Web Design cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of 4 Rivers Web Design and where no charge is made by 4 Rivers Web Design for such additions, 4 Rivers Web Design 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 4 Rivers Web Design all materials required to complete the site to the agreed standard and within the set deadline.
4 Rivers Web Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
4 Rivers Web Design 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.
4 Rivers Web Design 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.
4 Rivers Web Design 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.
A deposit of 50% is required with any project 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 want 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.
Database, Application and E-Commerce Development
4 Rivers Web 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.
The client is expected to test fully any application or programming relating to a site developed by 4 Rivers Web Design before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, 4 Rivers Web Design will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
4 Rivers Web Design will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. 4 Rivers Web Design can offer no guarantees of correct function with all browser software.
Whilst 4 Rivers Web Design recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by 4 Rivers Web Design 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.
4 Rivers Web Design reserves 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 the hosting service should the necessity arise.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the 4 Rivers Web Design policy that any outstanding accounts for work carried out by 4 Rivers Web Design or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with 4 Rivers Web Design.
Once a deposit is paid and work completed, the client is 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 4 Rivers Web Design 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 judgments (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.
Any digital products sold by 4 Rivers Web Design to the client will not be refunded in any way once the mutual agreement of both 4 Rivers Web Design and the client on the sale has been completed.
The charge for web design and other services given to the client by 4 Rivers Web Design may be refunded to the client to an amount of 50% of the total price under the following conditions:
- 4 Rivers Web Design has not complied with completing the service requested by the client within the deadline initially agreed upon. In such a case 4 Rivers Web Design may apply to the client to give 4 Rivers Web Design a one week´s extension of the initially set deadline for completing the amount of work owing by 4 Rivers Web design. However, if the client does not agree on extending this deadline, the client absolutely has the right to claim the service refund mentioned above.
- 4 Rivers Web Design is incapable of fulfilling the service requested by the client within the agreed upon deadline or any reasonably measured extension of it due to exceptional cases regarding the 4 Rivers Web Design Team, such as accidents, death among family members etc.
Anyone who experiences a problem with their web service provided by 4 Rivers Web Design should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
4 Rivers Web Design will approach the individual responsible for the material in question with a view to 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 4 Rivers Web 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.
Conditions of Use
- These Terms and Conditions of Use (“the Terms and Conditions”) are binding on all persons that access the website located at www.4riverswebdesign.com (“the Website”) without qualifications or exceptions. By entering the Website, the user of this Website (“the User”) agrees to be bound by and shall be deemed to have accepted these Terms and Conditions, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms and Conditions, the User may not enter, view or make use of the Website.
- The owners, webmasters and authors of www.4riverswebdesign.com (“4RW”) reserve the right to make any changes to the Website, its content and/or services offered through the Website at any time and without notice.
- User generated content published on the Website reflects the views of visitors to the Website and does not necessarily constitute the opinion of 4RW nor does it constitute legal or other professional advice on any subject matter.
- The Website may contain links to other websites. 4RW includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents (exceptions may apply). 4RW has no control over such websites, does not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User’s own risk and discretion.
- The Website is owned by 4RW and the User acknowledges that 4RW or its licensors are the proprietors of all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trade marks, goodwill and trade secrets.
- Permission is given for the downloading and temporary storage of one or more of these pages for the purpose of viewing on a personal or business computer. Our documents are absolutely free for business and personal use and for that purpose may be edited and printed. The contents of this site are protected by copyright under international conventions and, apart from the permission stated, the reproduction or retransmission of the contents of this site is prohibited without the prior written consent of 4RW. That also means that the content may not be uploaded to community sites or forums and may not be published in any form whatsoever.
- The User makes use of this Website at the User’s own risk.
- Notwithstanding anything to the contrary contained in these Terms and Conditions, 4RW shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature, including but not limited to indirect and consequential damages and loss of profits, however arising out of or in connection with these Terms and Conditions or the Website and whether caused by latent or patent defects in the Website, the use of the Website and information contained on the Website or otherwise.
- The User hereby indemnifies 4RW and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of whatsoever nature suffered by any third party in relation to any act or omission by the User or the User’s members, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms and Conditions.
- The User assumes all responsibility and risk for the use of the Website and 4RW disclaims all liability for any loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect, and whether or not 4RW has been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect.
- 4RW shall not incur any liability to the User or any other person or entity associated with the User for any compensatory, indirect, incidental, special, consequential damages whatsoever, including but not limited to, loss of revenue or profit, commercial or economic loss, even if 4RW has been advised of such damage or loss, or such damage or loss was reasonably foreseeable.
Your use of this site indicates acceptance of the above.