NuNet Trading Terms

Service Provision

The following terms and conditions apply to all website development / design services provided by NuNet Web Design to the Client.

Last updated: 05.05.20

1. Acceptance

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 or estimate then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by NuNet Web Design are defined in the project quotation or estimate that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 60 days. NuNet Web Design reserves the right to alter or decline to provide a quotation after expiry of the 60 days.

Unless agreed otherwise with the Client, all website design services require an advance payment in the form of a non returnable deposit, after the website build the remainder of the website quote becomes due on completion of the work, or after 31 days from the intial payment, whichever is sooner, prior to upload to the server or release of materials.

Maintenance work charges, hosting fees, domain renewal charges, all websites require basic maintenance and or renewal costs, including update of SSL certification, Copyright date changes, hosting fees and renewal charges, these will be invoiced to the client in the usual manner. For termination of services see that section below

Payment for services is due by cash, cheque or bank transfer. Cheques should be made payable to MA McGinn and sent to 13 Judds Close, Witney, Oxfordshire, OX28 2JY. Bank details will be made available on invoices.

3. Client Proof

NuNet Web Design 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 NuNet Web Design otherwise within ten (10) working days of the date the materials are made available to the Client.

NuNet encourages all of our clients to proof any changes that the client has requested to be made at the time of invoice arrival, to check that the changes have taken effect and that they are correct. Otherwise within (10) days of the date of the invoice to change any errors will be further billable.

4. Content Control
During our working relationship, NuNet Web Design will require the Client to provide website content; text, images, movies and sound files etc and in a timely manner to populate the website. Unless you have agreed for the content to be provided by NuNet.

5. Failure to provide required website content:

NuNet Web Design is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed within the time estimated.

NuNet Web Design agree to make periodical updates to any sites commissioned and hosted by NuNet Web Design. This is subject to a fair usage clause. NuNet Web Design reserve the right to refuse to update websites if such requests exceed 2 hours of development time per site per annum.

NOTE: Content should be delivered via email or Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this. Pictures should be delivered by email with no size reduction to ensure quality reproduction, with a note on which page it is destined for.

For clients with a CMS website you will be provided with a content management system so that you are able to keep your content up to date yourself.

6. Payment
Invoices will be provided by NuNet Web Design for services provided.
Our invoices are due on the date of the invoice.
NuNet reserves the right to charge interest at 8.5% above BOE standard interest rate for unpaid invoices.
Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or £30 per month of the total amount due, whichever is greater.

if you disagree with any invoice then this should be made known as soon as the invoice arrives or no later than (10) days after it has been made available to you.

7. Additional Expenses

Client agrees to reimburse NuNet Web Design for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials.

8. Web Browsers

NuNet Web Design 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 NuNet Web Design cannot guarantee correct functionality with all browser software across different operating systems.

NuNet Web Design cannot accept responsibility for web pages which do not display acceptably in obselete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, NuNet Web Design 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.

9. Email

Nunet Web Design cannot accept responsibility for loss of service or loss of data for email services and any resultant loss of trade. You the client will be responsible for fair useage policy in line with can-spam policies terms readily available on the internet. You agree not to transmit any offensive, pornographic, or bulk email. Any mail outs you send, must be accompanied by opt out notices and your emails must not be unsolicited. You also agree to keep NuNet up to date with any password changes at all times. NuNet will give best endevours to keep you informed of any third party problems or hosting problems regarding email and email forwarders if there is a known issue, which may mean a partial, or interrupted service to you the client. Where using a third party email such as gmail or web mail, you will note that their own terms and conditions will apply to you the client. During any down time you agree that NuNets monitoring time of the situation and or any fault and diagnostics and fixes will be billable at the usual hourly rate.

10. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on NuNet Web Design’s Web space, NuNet Web Design will, at its discretion, remove all such material from its web space. NuNet Web Design is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay NuNet Web Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by NuNet Web Design in enforcing these Terms and Conditions.

11. Termination

Termination of services by the Client must be requested in a written notice and NuNet must be allowed (60) days notice of closure of your account by email and will be effective on receipt of such notice work relating to closure of the website and related website services including any portion of this will be billable, your account must be completely cleared of any payments due at the time of notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email.
The Client must pay for any annual hosting charges for the coming year, they must also settle any outstanding invoices in advance and pay for any time spent by NuNet to close down and remove the website and any assosiated Social Media accounts. These invoices will be paid for in advance of the work being completed. The Client will be liable for payment of the final bill as point 10 above.

12. Indemnity

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

13. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants NuNet Web Design 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 NuNet Web Design permission and rights for use of the same and agrees to indemnify and hold harmless NuNet Web Design 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 NuNet Web Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Copy and original content, ideas, artwork, videos, graphics and designs provided by NuNet are retained by NuNet, these must not be changed or used or modified without written consent by NuNet by any third party.

14. 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 USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in hig quality, high resolution .gif, .jpeg, .png or .tiff format. The original submission will be retained by NuNet for our records.

15. Design Credit

A link to NuNet Web Design will appear in either 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. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than £500, a fixed fee of £100 will be applied. The Client also agrees that the website developed for the Client may be presented in NuNet Web Design’s portfolio.

16. Access Requirements

NuNet will not provide third party access to our hosting servers under any circumstance for both your and our wider clients security.

Clients requiring work on existing CMS websites will be requested to provide access to NuNet in order to provide any services requested

17. Post-Placement Alterations

NuNet Web Design 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. This is inclusive of any third party company email adjustments to programing or updates that may affect deliverabilaty of emails. Also Third party plug ins or other matters outside of NuNet control.

18. Domain Names

NuNet Web Design purchase domain names on behalf of the Client. Payment and renewal of those domain names is not the responsibility of the NuNet Web Design. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of NuNet Web Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

19. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

20. Governing Law

This Agreement shall be governed by English Law.

21. Liability

NuNet Web Design hereby excludes itself, its Employees and or Agents from all and any liability from; Loss or damage caused by any inaccuracy, Loss or damage caused by omission, Loss or damage caused by delay or error, whether the result of negligence or other cause in the production or lifespan of the web site, Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of NuNet Web Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

22. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.

Please periodically review this Policy for any changes.