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Design, Print, Web for Leisure, Travel and Tourism
Design, Print, Web for Retail
Design, Print, Web for Charities
Design, Print, Web for Associations and Organisations
Design, Print, Web for Education, Schools, Colleges

web design servicesWeb Design & Hosting Terms and Conditions

By placing an order with The Max Design & Print Co, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:

The Client: The company or individual requesting the services of The Max Design & Print Co. The Max Design & Print Co: Primary designer/site owner & employees or affiliates.

General

The Max Design & Print Co will carry out work only where an agreement is provided either by email, telephone, mail or fax. The Max Design & Print Co 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 The Max Design & Print Co and the client, this includes telephone and email agreements.

Website Design

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, The Max Design & Print Co cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.

The Max Design & Print Co will retain all copyright on all designs submitted even if not used or commissioned by the client.

The website, graphics and any programming code remain the property of The Max Design & Print Co until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by The Max Design & Print Co remain the copyright of The Max Design & Print Co and may only be commercially reproduced or resold with the permission of The Max Design & Print Co.

The Max Design & Print Co 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 The Max Design & Print Co and where no charge is made by The Max Design & Print Co for such additions, The Max Design & Print Co 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 The Max Design & Print Co all materials required to complete the site to the agreed standard and within the set deadline. The Max Design & Print Co will not make any guarantee to meet the original agreed deadline should the client fail to provide such material within an agreed timescale.

The Max Design & Print Co. reserves the right to charge an according amount based on the current hourly rate for additional authors alterations requested to the text, layout and design of the website after the initial design, page layout and site structure has been approved by the client. Additional pages required by the client will be chargeable.

The Max Design & Print Co will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

The Max Design & Print Co will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrong doing on the part of a site owner.

The Max Design & Print Co 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.

The Max Design & Print Co will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, email services, software or any material provided by its agents.

A deposit of 30% 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.

The Max Design & Print Co will create content management systems for the client at a cost agreed by the client for areas of content that are deemed suitable for update in this manner upon request. If The Max Design & Print Co outlines that the content management system includes an image upload facility, this service is suitable for files which are saved to a specific resolution and size suitable for use on the web. The client is responsible for ensuring the files/images are optimized for the web. The Max Design & Print Co will not provide, give training or support image editing software used to create the web optimized images.

Where applications or sites are developed on servers not recommended by The Max Design & Print Co, 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 that is identical to the final production environment.

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

Database, Application and E-Commerce Development

The Max Design & Print Co 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.

Search Engine Marketing

The Max Design & Print Co may offer you basic advice regarding achieving search engine listings pertaining to your copy and website content and the website will be constructed in a search engine friendly manner however The Max Design & Print Co does not provide a search engine marketing campaign under the standard package and makes no guarantees to the success of your website with search engines. You should request a quote for this service if required.

Compatibility

The Max Design & Print Co will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 7 and to an acceptable level with Mozilla browsers. The Max Design & Print Co can offer no guarantees of correct function with all browser software and operating platforms.

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the The Max Design & Print Co policy that any outstanding accounts for work carried out by The Max Design & Print Co or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with The Max Design & Print Co.

All fees referred to in these terms and the quotations are exclusive of Value Added Tax, which will be added and payable by you where appropriate.

Once a deposit is paid and work completed you are 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.

Should work on the website become inactive for an unreasonable amount of time due to the failure of the client to provide the additional information required by The Max Design & Print Co to complete the website, The Max Design & Print Co reserves the right to invoice and seek payment for the work done to date.

If accounts are not settled or The Max Design & Print Co 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 judgements (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.

Indemnity

All services may be used for lawful purposes only. You agree to indemnify and hold The Max Design & Print Co harmless from any claims resulting from your use of our service that damages you or any other party.

Liability

Our total liability to you in contract or in tort arising in connection with this Contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.

Privacy Policy

The Max Design & Print Co is committed to safeguarding your privacy online. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998)

Information Collection and Use

We will not use any personally identifiable information you give us except to provide the service or information that you request. We will not sell, rent, license, or otherwise share your personally identifiable information, including your e-mail address, with third parties unless you specifically consent to let us do so. We will not send you any unsolicited e-mail ("spam"). If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.

Log Files

We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Reservations

The Max Design & Print Co reserves the right to withdraw services at any time without prior notice. The Max Design & Print Co also reserves the right to feature customer websites in future promotions and literature without seeking prior consent.

Terms & Conditions for Website Hosting with The Max Design & Print Co in conjunction with CWCS Managed Hosting

Definitions: In these terms "we/us/our" means The Max Design & Print Co or CWCS and "you" means the Client, whose details appear on the proposal/quote. The "Contract" means the agreement between you and us based on the order and these terms.

The Max Design & Print Co will normally arrange hosting for the website and the subscription for this will be outlined in the initial quotation for the design. FTP access details to your website files can be issued on request.

Whilst The Max Design & Print Co provides hosting services by CWCS, no guarantees can be made as to the availability or interruption of this service. The Max Design & Print Co 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.

The Max Design & Print Co reserve 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.

Clients wishing to arrange web hosting and domain names away from The Max Design & Print Co, will be advised if the arrangements appear to be unsuitable. If the website is to be hosted by a web host other than The Max Design & Print Co access to the web space via FTP should be provided.

The Max Design & Print Co will advise clients on selecting domain names and register these for them as requested at current rates, but cannot guarantee a certain name will be available.

If The Max Design & Print Co are responsible for arranging hosting, then a catchall POP3 email account with additional accounts upon request (to a maximum of 10) will be provided on the domain within the quoted costs. Further email accounts can be set up on request at a cost of £1.50 per mailbox, per month up to a maximum of 25 accounts. The client will be given the appropriate user name and password details for each account and the incoming mail server name, along with written instructions for setting up the account in Outlook Express. The Max Design & Print Co will not provide instructions or support for account set up using any other mail software. Requests for changes to user/password combinations or additional email accounts may be made by email or telephone and will be actioned within 24 hours. As an alternative email forwarding to an existing email account elsewhere can be arranged.

Once initially set up and operational, The Max Design & Print Co is not responsible for subsequent problems caused by the operating system of the clients computer. The client for future reference must retain email account information that is given at set up. The Max Design & Print Co will only keep records of the main account, should additional account information be lost and passwords need to be reset this may be subject to charge at the discretion of The Max Design & Print Co.

The Max Design & Print Co and CWCS accept no responsibility for email server downtime or interruptions to service. Email accounts must not be used for bulk emailing operations.

The Max Design & Print Co and CWCS do not accept responsibility for spam email and their content. The client is responsible for ensuring their computer systems are secure and protected against viruses and spam in all instances.

The Max Design & Print Co and CWCS is not responsible for establishing or troubleshooting the clients Internet dial up facility, which provides Internet connection and outgoing mail server. This is the responsibility of the clients own individual ISP who normally provides appropriate telephone support.

Full Payment for the hosting of all websites will be to The Max Design & Print Co according to our standard payment terms. Subsequent future subscription payments will be in advance at the renewal date.

If payments are not received by The Max Design & Print Co on the due date we reserve the right to suspend the hosting and other services until such time as payment is received in full (without prejudice to any other remedy available to us).

Standard web hosting subscription is based on a two-year contract unless otherwise agreed or stated within the original quotation from The Max Design & Print Co. Should the client wish to cancel or transfer their web hosting at any time during the contract, The Max Design & Print Co will not provide a refund for the outstanding subscription term unless The Max Design & Print Co deem the cancellation to be due to a valid reason. Furthermore the client or new hosting provider will be responsible for moving and integrating the website and its content to the new server.

Should the client wish to transfer a domain name away from The Max Design & Print Co, the request must be made in writing on company letterheaded paper detailing information of the new provider. All transfer requests will be actioned within 48 hours of receipt in writing by The Max Design & Print Co, however The Max Design & Print Co cannot make any guarantees regarding the timescale of the transfer of the domain due to the new providers completing the transfer and the propagation of the domain.

See our web and internet jargon buster for a list of commonly used terms.

Website Design and Development Terms and Conditions

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Chessingham Park Industrial Estate, Common Road, Dunnington, York YO19 5SE T:01904 487777 F: 01904 489702