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terms

Definitions

Fresh Websites” means Fresh Websites of 17 Lea Road, Lea, Preston, Lancashire, Pr2 1TN

The “Client” means the person or legal entity for which Fresh Websites has agreed to do the development work.

The “Specification” means the description of the work required and the arrangement for the work to be carried out in the Fresh Websites order form plus any clarifications or modifications made to the original template that both parties have agreed on writing.

The “Fresh Websites CMS” is the Fresh Websites Content Management System used as a platform for website developments that is supplied in certain agreements. CMS is an additional “add-on”.

Fresh Websites Responsibilities:

Fresh Websites shall undertake the development work described in the Specification.

Client Responsibilities:

The Client shall carry out those tasks assigned to it in the Specification. On request, the Client shall promptly supply to Fresh Websites any information it reasonably needs to develop the website. Where Fresh Websites organises or supplies the web hosting the Client will not infringe the acceptable use policies of the internet service provider on whose server their website is hosted.

Warranty & Support:

Fresh Websites warrants that the website shall operate substantially and that any media from which it is developed should be free of defects. Fresh Websites sole obligation under this warranty is to use reasonable efforts to correct any faults in the website reported by the Client within 90 days of its supply so that is conforms with the Specification, and replace any defective media . The Client shall follow any reasonable procedures aid down by Fresh Websites for the reporting of faults.  Support is available free of charge Monday – Friday 9am – 5pm.

Amendments:

Any amendments requested beyond the specification or initial completion of the website shall be charged at the normal hourly rate. Our hourly rate is subject to reasonable increase, any increase in hourly rates will be given in advance.

Termination:

Either party may terminate this agreement forthwith if the other party goes or is put into liquidation (other that purpose of amalgamation or reconstruction) or commits an act of bankruptcy or if its receiver is appointed over all or any part of the other party’s assets.

Termination of this agreement whether or not under this clause shall be without prejudice to the accrued rights and continuing obligations of other parties inter alias to fees or confidentiality.

Confidentiality:

Both parties undertake not to disclose to any third party any information relating to the work undertaken by Fresh Websites hereunder beyond the fact that Fresh Websites has carried out the development of the basic layout for the Client, except with the written prior permission of the other party.

Copyright:

Once the work is paid for in full the Client shall retain copyright and any other intellectual property rights it has in any material including images it supplies for the development of the website. The Client shall retain copyright of its brand and domain name requested in the specification.  Fresh Websites shall retain copyright and all other intellectual property rights in the Fresh Websites CMS and any modifications made to the CMS utility as part of the development work.

Hosting & Domain Name:

Hosting is optional, we will give you a full quotation and recommendations for the best package to suit your needs.

Fresh Websites does not accept responsibility for the third party web hosting company’s downtime, or email problems encountered by the third party web hosting company. Fresh Websites will deal directly with the third party web host in event of any problems reported by the Client. Fresh Websites will endeavor to keep the client informed of all developments whilst the third party web host is experiencing problems.

The cost of additional web hosting after the 1st year will be quoted upon request. Hosting is payable yearly and is a non refundable service, if your yearly hosting is terminated by either party  before the full 12 month period elapses then there will be no refund.

We reserve the right to move our hosting provider at any time and will give you 1 month ‘s notice.

Headings:

The clause headings in this Agreement are for ease of reference only and shall not affect the interpretation hereof.

Law:

This Agreement shall be governed by and has been constructed according to the laws of England. Each party submits the jurisdiction of the courts of England.

Entire Agreement:

No addition to or modification of these Terms and conditions shall apply unless agreed in writing by both parties.


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