Welcome to Prystine Web Design's terms and conditions.
Here you will find information regarding our website design & hosting services, along with our payment terms and legal documentation about our liability and intellectual property.
The word "you" when used in these terms and conditions refers to the client. The words "we" & "us" refer to Prystine Web Design.
This was last updated on 21/08/2018.
We carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
Before beginning any design & development work, we will make sure the project outline and expectations are set out and agreed upon by both you and us.
In most cases, we use an open source content management system called WordPress for developing & designing websites. We use WordPress for its flexibility and user friendly interface. It is the most widely used Content Management System (CMS) in the world.
If requested, we can either use either Joomla or Bootstrap - although additional fees may apply.
The content management system or platform used will be outlined in the proposal.
We will offer training where applicable.
As well as designing websites we also hosting and maintain them.
We have an Advanced (Web Design Agency) account with a web hosting company based in Cambridge called Eco Web Hosting. We use their platform for hosting websites & email accounts and registering domains that we offer in our packages - detailed here.
For the three web hosting packages we offer we use a shared hosting server platform.
We advise you to contact us if you think you may require a dedicated server.
Backups will be taken either daily, weekly or monthly to a secure location (dropbox) - dependant on the package you choose (or are on) - again, detailed here.
We take care of the administrative work that is required in managing a website and professional emails, for example: setting up email accounts & resetting passwords, migrating & backing up web files etc.
All three hosting packages include small changes throughout the year. This includes, but is not limited to: colour changes, photo changes, updating contact info, changing/updating the text etc.
We maintain a fair usage policy with the small changes & updates and reserve the right apply an administration fee should the fair usage be greatly exceeded i.e. asking us to change large bodies text every other week or upload new photos every week.
Anything requiring substantial time or further development will be quoted for.
The data company we uses has a 99.9% uptime. Unfortunately and often unexpectedly, but very rarely, web servers do go down. The majority of the time the issue is resolved within a few hours. Regardless, we cannot be held accountable for any loss of earnings or distress and accept no responsibility.
If the server issue persists and the delay reaches 24 hours, you will have the option to change hosting. In which time, we will use the latest backup to migrate the website files & database to a new hosting platform with another provider (paid for by you). In the event, we would refund the cost of hosting fees, where payment has been made, for any unused time. For example, if we are 3 months through a year's hosting & maintenance, we would refund the equivalent of 9 months (of the 12 months) worth of hosting & maintenance to you.
We will not make any refund on the hosting & maintenance if the hosting & maintenance was included included as complimentary within the design fee.
Rarely, when updating a site certain aspects/parts may falter. Prystine will work to rectify the issue as soon as possible.
For the majority of the time, and where applicable, by just reverting to the last known working backup of the issue will be resolved.
If the issue persists, we will take further measures to correct this as soon as possible and continue to work until it is rectified. Further measures may include seeking additional help.
If the issue is caused by you, or other administrators outside of Prystine Web Design brought in by you, where training/clear instructions have been provided but not adhered to, then Prystine may charge a small fee for correcting the issue(s).
We accept payment via bank transfer, cash or PayPal.
When we issue an invoice, it is to be paid upon receipt.
We reserve the right to charge interest on unpaid invoices at 5%/month or £10/month, whichever is greater (compounding).
We work on the terms: 50% upfront and the rest on completion*.
Completion is either the finished website files transferred to you, the client, or, where the website is hosted with us, the website being published live on the web.
*For large projects, these terms can be negotiated and a payment plan can be put in place.
Once the hosting & maintenance has been agreed, payment must be made upfront.
A refund may be given where we have neglected/not honoured part of the contract/proposal. In which case the refund amount would reflect and represent the part in question and not the whole contract value.
Hosting & Maintenance Specific: As stated above in the Hosting & Maintenance section, Prystine would refund the cost of hosting fees, where payment has been made, for any unused time where the move has been caused by the data-centre we use. We will also provide a refund of unused hosting & maintenance time if you find our service to be dissatisfactory and decide to move away.
A refund will not be given if you move away from our service without a reasonable cause.
Web design & Development Specific: A refund will not be given for breaking a contract early. In such cases, i.e. where our work is coming to a close, we reserve the right to a compensation payment for our 'unpaid' time which will be worked out at the time and not exceed the contract's value.
There will be no VAT added to any web design/development or hosting invoice. However, in the future, as Prystine is expanding there may come a time when VAT will be added to the hosting and/or web design & development. In essence, we reserve the right to charge VAT.
As stated above, we’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, we can’t guarantee that our work will be completely error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.
If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by yourselves, or that you have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files to keep a copy of. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
If this contract is properly terminated by you because of our breach then all intellectual property created up to the date of the breach will be automatically assigned to you (or, in the case of Intellectual Property we don’t own, be licensed to you on a royalty-free perpetual worldwide basis).
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you.
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
If you have any questions, please feel free to contact us on the following.
07824 633 494
16 Glebe Rd, Didcot, OX11 8PN