1 – Completion
The project is complete when the website is made available to the client for use in accordance with the scope of supply outlined in the quotation. Where a website is sufficiently complete (excepting minor cosmetic deficiencies) to be put into service this shall be deemed as completion of this aspect of the project. At this stage of the project the client will be invited to view and test the system and give his approval for the system to be put into service.
Abricot Production Ltd will test the website once live for any functionality or link issues. Abricot Production Ltd will also ask the client to fully test their site to ensure they are satisfied all functions are active too once the site is live. Abricot Production Ltd undertakes to correct faults that arise in the system supplied for a period of 1 months from completion. A fault is defined as an aspect of the system which is outside the specification and detrimental to the operation of the system.
3. Delivery Time-scale
Delivery time-scales are subject to confirmation at time of order placement. Whilst Abricot Production Ltd make every effort to achieve planned delivery dates, the quoted delivery dates are not contractually binding unless specifically stated elsewhere in this document. For the avoidance of doubt, time is not of the essence of the contract and Abricot Production Ltd shall not be liable to the client for any loss or damage, whether direct, indirect or in consequential that arises because of delayed whole or part delivery. Where requests for modifications or enhancements to functionality it must be accepted by the client that these may impinge on implementation time-scales. We will advise the client if this is the case.
4. Price Basis
Our quotation price is based on the extent of supply described in our proposal. Whilst Abricot Production Ltd will make reasonable efforts to accommodate requirement changes we reserve the right to advise the client of price changes that arise because of requirement changes. In addition, where such changes are significant and have the effect of prolonging project time-scales by and in excess of 10% we reserve the right to re-negotiate payment milestones in line with our objective to achieve neutral cash flow on the project
5. Quotation Validity
Unless specifically stated otherwise this quotation is valid for a period of 4 weeks from the date of issue.
6. Payment Milestones
Unless specifically stated elsewhere in this document our payment terms are: 1 – One third to be paid on commission of website 2 – One third to be paid on approval of design 3 – One third when live.
7. Payment Terms
Invoices will be raised in line with project milestones. The Initial payment should be forwarded with official order paperwork. Interim and Final payments fall due 30 days from date of invoice. Interest on delayed payments will be charged at a rate of 3% above the current Barclays interest rates calculated on a daily basis. Overdue payments may result in a total withdrawal of services.
Any Domains, mind E-mail services or electronic data created in accordance with the agreed contract remains the property of Abricot Production Ltd until full and final payment is received.
9. Intellectual property & Licences
9.1. Third Party Software
Third party software (e.g. Microsoft) and third part services (e.g. Internet service provider) are sold subject to the licensing conditions and intellectual property rights stipulated by the product originator. Where Abricot Production Ltd provide such services and products the appropriate licences and documentation will be passed to the client.
9.2. Graphics Artwork and Photographs
Where content, artworks, templates logos etc. are specifically designed for the client the ownership of these rests with the client. Where images and photographs are provided by the client the ownership of these shall remain with the client. Where images are required to be purchased, Abricot Production Ltd will purchase Royalty-Free images only. Royalty-Free images are a one off purchase for an image which can be used as many times as required, with just a few restrictions. There are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost.
9.3. Bespoke Software
Where a project involves the supply of new and original software Abricot Production Ltd and the client shall jointly own the ownership of this software. Source code listings for the software will be supplied if specifically required.
10. Acceptable Use Policy and Conditions
Abricot Production Ltd is not responsible for any actions (Legal or otherwise) arising from the content of any information, electronic media or data submitted by the client for inclusion on a website or transmitted electronically. Abricot Production Ltd reserve the right to terminate or refuse any contract or agreement if said information, electronic media or data is in violation of any laws (United Kingdom or International), contravenes any moral standards, or is deemed to be libellous or of a malicious nature to any third party. Termination of the contract will be submitted in writing within 7 days with a total loss of any moneys paid e.g. initial deposit. Abricot Production Ltd reserve the right to inform the relevant authorities if an infringement becomes apparent. We reserve the right to suspend hosting service immediately in the event of a breach or suspected breach of this acceptable use policy. Where a legal action is taken against Abricot Production Ltd. in connection with a website that is hosted by or on behalf of Abricot Production Ltd we reserve the right to remove the content giving rise to the action or suspend the website immediately. The Client shall indemnify Abricot Production Ltd for any claims made against Abricot Production Ltd arising from website content produced or specified by The Client.
11. Exclusion of Liability
Except where provided otherwise in these conditions the company shall be under no liability of whatsoever kind however caused, whether or not due to negligence of without default of the company or its servants or agents arising out of or in connection with its goods or service. This, provided that nothing in this paragraph shall exclude or restrict any liability of the company for death or personal injury resulting from the negligence of the company or its servants or agents.
12. Consequential Loss
In addition to the limitation set out under Delivery Time-scale above Abricot Production Ltd shall under no circumstances be liable for any indirect, special or consequential loss (including loss of anticipated profit, turnover, sales or third party claims) howsoever arising either from breach or non-performance of any of its obligations under the contract.
In the event that the client wishes to cancel the project for any reason Abricot Production Ltd shall be entitled to retain any moneys already paid and in addition shall provide the client with details of expenditure made on the project to date. The client shall promptly pay Abricot Production Ltd the full cost of such expenditure together with related profit.
Abricot Production Ltd and the client shall treat all information and details of the project as confidential.
15. Domain Names
Where the contract involves the supply of Domain name registration services the following clauses shall apply:
15.1. The Client has full responsibility for the timely renewal of Domain Names.
15.2. The contract for the registration is between The Client and the appropriate naming authority.
15.3. Abricot Production Ltd act as the agent of The Client in respect of domain registration.
15.4. The Client is bound by the conditions of the naming authority, available upon request.
15.5. Abricot Production Ltd cannot guarantee that we will be able to register a requested name and until we provide specific confirmation that a name has been registered The Client should not assume that registration has been effected.
15.6. Abricot Production Ltd give no warranty that The Internet Domain Name requested will not infringe the rights of any third party and The Client shall indemnify Abricot Production Ltd in respect of any such infringements.