Real Marketing Ltd t/a Real Internet
STANDARD WEB DESIGN SERVICES TERMS AND CONDITIONS
The following terms and Conditions apply to all website development/design services provided by Real Internet to the Client.
We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. Please contact us if you have any questions.
The Client: You
Real Internet: Real Marketing Ltd t/a Real Internet, 26 Shepherds Leaze, Wotton-Under-Edge, Gloucestershire, GL12 7QZ
The Project: The body of work that is being undertaken, normally consisting of several connected parts, such as consultation, graphic design, website development and/or hosting.
Last updated: 21 January 2020
Please read these Terms and Conditions carefully.
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 then the Client will be deemed to have satisfied themselves as to the terms applying and has accepted these Terms and Conditions in full.
These Terms and Conditions supersede all previous representations, understandings or agreements.
- Payment and Contract Terms
Initial Contract periods are for twelve (12) months unless agreed beforehand between the Client and Real Internet.
Charges for services to be provided by Real Internet are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of thirty (30) days. Real Internet reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is commenced. Real Internet then requires a payment of twenty-five (25) percent when the project is submitted to the Client for review (Critical Design Review), with the remaining twenty-five (25) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Real Internet requires that new clients sign up to a Monthly Package paid for via Direct Debit. A website will not launch until a Direct Debit payment has been set up unless a special agreement has been reached in advance.
Once the site goes live, any early cancellation of your Direct Debit during the first 12 months will be deemed a break in contract. In this case, the Client would be liable for the balance of the contract to be paid with immediate effect plus a £40 admin fee.
Real Internet will contact the Client before the end of the first 12-month period, to discuss the various options open to the Client for continuing website maintenance and support and/or hosting. Real Internet requires a minimum of thirty (30) days’ notice to cancel a support or hosting contract.
If the Client does not respond to Real Internet’s request to discuss or choose ongoing support options, the Client will automatically be placed on what Real Internet feels is the most appropriate support package.
Payment(s) overdue for more than thirty (30) days will result in the website being taken offline until the account is brought up to date
Clients with accounts in default agree to pay Real Internet reasonable expenses, including administration fees, legal fees and costs for collection by third-party agencies, incurred by Real Internet in enforcing these Terms and Conditions.
A project can be terminated at any time during the offline design phase, i.e. prior to any online development.
Real Internet has the right to charge the Client up to 85% of the total web development costs, should the client cancel the website agreement after the design concepts have been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
Once development work has commenced online, i.e. development of the website framework and structure, the Client will be invoiced for design work completed up to the date of first notice of cancellation for payment in full within seven (7) days.
Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email.
- Client Review
Real Internet will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed.
At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Real Internet within ten (10) days of the date the materials are made available to the Client.
Real Internet agrees to make a reasonable number of revisions to the design, layout, colours etc, until the Client is satisfied with the design concept or such time as both parties feel an agreement is likely to be reached, but no more than two (2) major revisions. Additional revisions or design work outside the scope of the project will be charged separately.
- Turnaround Time and Content Control
Real Internet will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with the Client upon Real Internet receiving initial payment, unless a delay is specifically requested by the Client and agreed by Real Internet.
The Client agrees to delegate a single individual as a primary contact to aid Real Internet with progressing the commission in a satisfactory and expedient manner.
Real Internet will require the Client to provide website content; text, images, movies and sound files etc. to populate the website, within a reasonable timescale. This timescale will be agreed at the commencement of the project.
Real Internet is not responsible for writing or inputting any text copy unless this has been specified by the Client.
Real Internet requires that the Client provide all the necessary information agreed at the outset of the project. On any occasion where progress cannot be made with the Client’s website because Real Internet has not been given the required information in the agreed time frame, Real Internet reserves the right to impose a surcharge of up to 25%. If the Client’s project involves Search Engine Optimisation, Real Internet will need the text content for the site to be agreed in advance so that the SEO can be planned and completed efficiently.
If the Client agrees to provide Real Internet with the required information and subsequently fails to do before the agreed time, we reserve the right to close the project and the balance remaining becomes payable immediately.
Real Internet will not be held liable for any missed launch date or deadline, if the Client has been late in supplying materials, or has not approved or signed off work on time, at any stage.
- Additional Expenses
The Client agrees to reimburse Real Internet for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials.
Any associated or additional fees, such as installation, setup, testing and introductory training pertaining to Content Management Systems or ECommerce Management Systems are covered within your chosen package.
- Standard Media Delivery
Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on a USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format.
Although every reasonable attempt shall be made by Real Internet to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Real Internet 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 Real Internet permission and rights for use of the same and agrees to indemnify and hold harmless Real Internet 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 placement shall be regarded as a guarantee by the Client to Real Internet that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- Design Credit
A link to Real Internet will appear in either a small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Real Internet’s portfolio.
- Web Browsers
Real Internet makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that Real Internet cannot guarantee correct functionality with all browser software across different operating systems.
Real Internet cannot accept responsibility for web pages which do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client.
As such, Real Internet reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
To ensure superior levels of reliability and performance, all our clients’ websites are hosted on a high speed, managed dedicated server which utilises a guaranteed minimum uptime service availability level of 99.95%. Details of the exact specification of our servers are freely available to all our clients and will be given upon request.
- Access Requirements
If the Client’s website is to be installed on a third-party server, Real Internet must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- Post-Placement Alterations
Real Internet 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.
- Domain Names
Real Internet can purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Real Internet. The loss, cancellation or otherwise of the domain brought about by none or late payment by the client is not the responsibility of Real Internet. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Real Internet adheres to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.
Real Internet services may be used for lawful purposes only. The Client agrees to indemnify and hold Real Internet harmless from any claims resulting from the Client’s use of Real Internet services that damages the Client or any other party.
Real Internet does not offer any technical support for any other web site hosting company that you may choose (if you elect not to host the website with us).
Real Internet cannot guarantee that the functions contained within any web page (or part of your website design), will always be error-free, and, therefore, Real Internet will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
The Client cannot transfer this contract to anyone else without Real Internet’s consent or permission.
This contract remains in force and need not be renewed.
Although Real Internet has tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of English Law and Courts.
- Changes to these Terms and Conditions:
Real Internet 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.