1 - OWNERSHIP
The Client retains the copyright to data, files, graphics and logos provided by the Client, and grant Eye Web Solutions Ltd the rights to publish and use such material in any work commissioned by the Client. Ownership of the overall design of any work commissioned by the Client from Eye Web Solutions Ltd will remain with the Client. These files become the exclusive property of the Client upon acceptance of delivery and final payment. Ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems or web application source code. Such code and other underlying technologies do NOT become the property of the Client. In addition, the Finished Product(s) may depend on code and other third-party utilities that are the property of their respective owners. No rights to these dependencies are expressed or implied. Additional licensing may be required with third-party assets.
2 - POINT OF CONTACT & TRAINING
Eye Web Solutions Ltd will require one point of contact during the Contract for clarifying requirements for design, key features, usability and maintenance issues. Eye Web Solutions Ltd requires this person be available to answer questions arising from the project within 24 hours on workdays (subject to reasonable exceptions) and to have authority to make decisions based upon finalising the design, development and any other visual or marketing work required for the project.
3 - PAYMENT
All payments are due within 14 days of billing. Late payments will be charged a 1.5% compounded monthly late fee. Should a payment be late, Eye Web Solutions Ltd reserves the right to freeze all work until accounts are settled. Payments will be made via BACS Payment or Cheque to: Eye Web Solutions Ltd, 6/7 Waterside House, Maritime Business Park, Livingstone Road, Hessle, HU13 0EG. Any modification to the original agreed specification will be charged at our hourly rate. The final invoice for the site will be issued when we have completed all work mentioned in the original specification which has been signed off by the customer.
4 - INDEPENDENT CONTRACTORS
Eye Web Solutions Ltd retains the rights to subcontract any portion of the Contract.
5 - RESPONSE TIME
During the duration of this Contract Eye Web Solutions Ltd will make every effort to reply to inquiries within 48 hours except where The Client has been previously notified of a period of limited availability. Eye Web Solutions Ltd will respond in good faith but cannot guarantee any specific action within a given time frame.
6 - THIRD PARTY DEPENDENCIES
In the event that any aspect of this Contract is dependent on a separate third party or the Client’s in-house team, the quality and punctuality of the Finished Product(s) may be subject to said party’s ability to meet the required timelines and/or level of quality. Eye Web Solutions Ltd is not responsible for any delay or defect caused by separate third party or the Client’s in-house teams.
7 - DOMAIN NAMES, WEBSITE AND EMAIL HOSTING
Paid domain names are the property of the registrant; unpaid domains are the property of EYE Web Solutions Ltd. Eye Web Solutions Ltd endeavor to provide 99.9% uptime on all services; however Eye Web Solutions Ltd cannot accept commercial responsibility for any downtime in service or lost emails. Domain name charges are due annually in advance; there are no terms available on these services, as these services carry upfront costs. Annual renewals will be invoiced up to 90 days in advance of the renewal data to ensure customers have enough time to make payment before expiry of services. Eye Web Solutions Ltd will not accept any responsibility for any loss of service due to late payment. Although Eye Web supplies domain management, hosting and email accounts, we are not the end supplier of this product and therefore we can not be held accountable for downtime and issues caused by our supplier having issues. We will do everything in our power to fix any issues, and keep you updated, but it is not our responsibility. The same applies for systems being hacked or being affected by viruses.
8 - BACKUPS
Eye Web Solutions Ltd maintains internal backups of active project code and design files. This backup system is not intended as a solution for The Client, rather as a code archive through the duration of this Contract. While the Eye Web Solutions Ltd backup system is fully redundant, it is not guaranteed and does not support any content produced by the Client. The Client is solely responsible for the Backup and Restoration of the Finished Product(s) and any associated data. Any costs associated with an additional full backup solution are not included in the project costs unless where specified. Although Eye Web Solutions are able to manage a full backup solution on behalf of The Client, we accept no responsibility, responsibility would be that of the supplier of the backup solution respectively.
9 - SECURITY
Although Eye Web Solutions Ltd makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology Eye Web Solutions Ltd can in no way guarantee that the Finished Product(s) will not be subject to security breaches. Eye Web Solutions Ltd recommends the use of strong passwords and the observance of standard security practices. In order to minimise the chances of security violations, systems should be updated often. The Client is solely responsible for tracking software updates, unless where stated within a project outline. Any updates during the life of or after the expiration of the Contract can be negotiated as an addendum to this Contract or as an additional Contract.
10 - LIMITED LIABILITY
The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) any use made by the Client of the output of the Software or any reliance thereon; and (c) obtaining the required licenses and respect copyright for any and all third party assets including but not limited to fonts, media, and software. The Client shall also be responsible for the continued operation and maintenance of the computer equipment and third party software used with the Finished Product(s), and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers. The Client agrees that any liability of Eyeweb relating to this agreement and the services performed shall be limited to the amount of fees actually received by Eyeweb, from the Client under this agreement regarding the services in question. In no event shall Eye Web Solutions Ltd be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.
11 - DESIGN FEEDBACK AND SIGNOFF
Eyeweb will submit the website homepage design and the client can leave all feedback about this page in one go. Design changes will be made based on this feedback. If the client requests additional changes after the first round of changes, these may be chargeable and this work will be quoted for and approved (by the client) before the new alterations are made. Key inner pages (not all pages) are then designed and submitted to the client for one round of free changes on each page. Once the designed pages are all signed off, any retrospective design change requests will be chargeable.
12 - CONTENT
Eyeweb will create a list of content required from the customer at the start of the contract. This content must be supplied in full, in electronic format, before the website build can be completed. Eyeweb will enter content onto the website that was specified in the original specification. We will not enter any content until we receive it all. The insertion of any additional content either has to be done by the customer, or will be a chargeable task for Eyeweb. Once the provided content has been entered onto the website, any requested changes to this content, to be completed by Eyeweb, will be chargeable.
13 - E-COMMERCE SALES
Eyeweb is not responsible for the level of sales on any e-commerce system that they create and supply. We ensure that the customers can find the website and make purchases, but we can not be held accountable for unexpected sales levels, as there are many external factors that may effect sales, such as pricing, product range, market saturation etc.
14 – BROWSER AND DEVICE SUPPORT
Eyeweb 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, Internet Explorer, Google Chrome, etc.). Eyeweb cannot guarantee correct functionality with all browser software across different operating systems. Eyeweb cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed. Eyeweb reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browsers.
15 - CANCELLATION OF MARKETING
After the initial contract, if the Client wishes to cease the monthly marketing carried out by Eyeweb, the Client must confirm this by email one month in advance. After this, the final month will be worked and the account handed over back to the client.
16 - PRIVACY OF DATA
The website / system created by Eyeweb may gather and store sensitive information about your customers either via contact forms, online orders or requests. Please see our Privacy Policy document to see how this data is protected. The Eyeweb team will also have access to this data via the database storage system on the website hosting server and via the Mission Control (website administration system). Mission Control access is essential in order for Eyeweb to be able to make requested changes to the Client's website. The Client may request to remove access to Eyeweb.
17 - LAUNCHING
By agreeing to launching the website, The Client is confirming that the website is complete and that any functionality or changes highlighted after the website is launched, may incur additional charges.
18 - CREDIT
Eye Web Solutions Ltd retains the right to use the Client within its portfolio of clients. A link to The Client website / application website will be placed on the Eyeweb website as part of its business portfolio. A link to Eyeweb's website “www.eyeweb.co.uk” must be placed in the footer of every website produced. This link can be removed by special request of The Client if valid reason is given.