W3BSPACE Internet Ltd (Company No: 09860140). A digital marketing solutions company; registered address 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ trading as W3BWORKS Web Design.
The individual or company commissioning the service.
The work provided by W3BWORKS as described in the quotation.
The description, and anticipated pricing where applicable, of the services to be provided to the client. This may take the form of a written document, email or written correspondence, or verbal conversation.
The current W3BWORKS price list, available here.
Our website hosting is undertaken by our parent company W3BSPACE Internet Ltd. Hosting Terms are available here.
The relevant hourly rate described on the price list is available here. Time will be rounded to the nearest five minutes, minimum half hour per task.
Billed at current HMRC approved mileage rates. Distances are calculated from postcode BD23 6BJ.
Unless otherwise stated in the quotation, the following standard terms apply. They are intended to protect both W3BWORKS and the client and to ensure that the working relationship is open and honest for both parties.
All work is carried out by W3BWORKS on the understanding that the client has agreed to these terms. The client may indicate their acceptance of the quotation and these terms either by a signed agreement in writing; a confirming email; paying a deposit for work outlined in the quotation; or by clicking a link to accept the quotation online.
The client hereby authorises W3BWORKS to carry out the services and access any information required in order to do so, for example accessing a web hosting account. Unless otherwise stated on the quotation, the client authorises W3BWORKS to upload any files to the World Wide Web in order to provide the services; and if applicable to submit a completed website to internet search engines.
W3BWORKS represents and warrants to the client that it has the experience and ability to perform the services; that it will perform said services in a professional, competent and timely manner; and that its performance under these terms shall not infringe upon or violate the rights of any third party or violate applicable legislation.
The client represents and warrants to W3BWORKS that it has the power to enter into an agreement with W3BWORKS; that it is solely responsible for any information added to a website as part of the services; and that its performance under these terms shall not infringe upon or violate the rights of any third party or violate applicable legislation.
3. Quotation & Pricing
All prices quoted to the client are quotations and should be viewed in conjunction with the price list. Depending on the project, W3BWORKS may provide a quotation of the likely costs, or bill for the work at the hourly rate.
All prices and quotes exclude VAT at 20%
Website Design Services
The quotation will list the services that W3BWORKS will provide. For complete websites, this will include:
- Website design to include the provision of all necessary HTML, CSS, scripts and code as required.
- Unlimited telephone or email consultations with the client, or meetings at W3BWORKS’s location. Meetings at any other location will be charged at the hourly rate plus mileage.
- Optimisation to display correctly in all modern web browsers. The client may request optimisation for other mobile Internet devices at extra cost.
- Optimisation to display correctly on screen resolutions of 1024×768 and above.
- Designed to be search engine friendly, including optimisation of URLs, page titles and meta description tags.
- If previously requested, the setup of Google Analytics to monitor website traffic, to which the client will have access.
- If previously requested, the submission of website to Google, Yahoo! and Bing search engines if appropriate. At no time does W3BWORKS make any guarantee that the client’s website will achieve a certain rating in search engine results.
Pricing in the Project Proposal includes only W3bworks fees. Any other costs, such as licensing or photography, will be billed to the Client if and when required.
Unless otherwise specified in the quotation, the services will be provided using the WordPress content management platform.
5. Domain Names
If stated on the quotation, W3BWORKS will register one or more domain names on behalf of the client. W3BWORKS will suggest appropriate domain names and check their availability. A domain name’s availability during the initial stages of the project does not guarantee it will still be available at the time of registration.
The chosen domain name may be registered using the client’s contact details, in which case it will be owned by the client. W3BWORKS can if requested manage the domain name registration. The client will receive renewal notifications from our parent web hosting company, (W3BSPACE Internet Ltd) directly. The client shall manage the renewal process. At no time will W3BWORKS hold any rights over the domain name.
Alternatively, the client may request that W3BWORKS manages the transfer of an existing domain name owned by the client. This will be billed at the hourly rate.
6. Pay Per Click Services
If stated on the quotation, W3BWORKS will provide Pay Per Click services to the client which can include but is not limited to: Facebook Ads, Google Adwords, LinkedIn Ads. The client will be covered by and adhere to Google, Facebook, or LinkedIn’s terms and conditions. At no time does W3BWORKS make any guarantee related to the performance of the client’s Pay Per Click campaign in any way.
7. Materials Provided By The Client Text
If specified in the quotation, W3BWORKS will write any text to be displayed on the website or Pay Per Click Ads which the client is required to approve. The client must provide sufficient information, for example in the form of detailed verbal information, written notes, brochures, leaflets or information from other relevant websites.
If the client wishes to write any text, W3BWORKS reserves the right to proofread and edit it for the purpose of making it suitable for web use and attractive to search engines. The client can request amendments to any changes made to the text by W3BWORKS when approving the draft website or Pay Per Click Ads.
W3BWORKS will only use images provided by the client if they are of sufficient quality. Photographs must be provided electronically. W3BWORKS reserves the right to graphically enhance images and save them into a format suitable for online use. W3BWORKS will not be held liable for any copyright or licensing infringements of any images used on the website provided by the client.
8. Software & Web Development Services
The quotation will list the services that W3BWORKS will provide. In all cases, this will include:
- Design, development and full testing of the software described in the quotation, to include the development of all necessary program code, scripts, images, and other files as required.
- Unlimited telephone or email consultations with the client, or meetings at W3BWORKS’s location. Meetings at any other location will be charged at the hourly rate plus mileage.
- Any website elements will be optimised to display correctly in Internet Explorer 8 and all modern web browsers. The client may request optimisation for Internet Explorer versions 6 and 7 and mobile Internet devices at extra cost.
- The software will be fully tested on the target environment. The software, including all source code, will be provided in a format most suitable to the project, as described in the quotation.
9. Web Hosting
The standard web hosting service provided by a combination of W3BWORKS and our parent company W3BSPACE Internet Ltd is as follows:
- Setup and configuration of hosting for the website.
- Installation of the website on the web host.
- Configuration of name servers to link the domain name with the website hosted by the web host (where W3BWORKS has registered the domain).
- Email accounts W3BWORKS will set up one or more email accounts for the client’s domain name (e.g. email@example.com), as described on the quotation. If W3BWORKS will be hosting the client’s email account then the client should discuss any specific email features they require before work commences and this should be included on the quotation.
If W3BWORKS will be setting up an email address using the free Google Apps service then this will be covered by Google’s terms and conditions. W3BWORKS’s involvement in this service is limited to the initial setup on the client’s behalf. Any ongoing support will be provided by Google’s Help pages and support forums. The Google Apps account set up by W3BWORKS will be separate from any existing Google accounts that the client may have.
10. Projects Not Hosted By W3BWORKS
Wherever possible, W3BWORKS will host work on our servers free of charge during the development phase. If the client wishes development work or a completed website to be hosted on their own servers then this might incur additional work for W3BWORKS, for example if there are issues with the server setup. This is charged at the hourly rate.
If the client wishes to arrange their own web hosting for a completed website then the time taken to install the website on the client’s web host will be charged at the hourly rate. Partial or full payment must always be made before W3BWORKS will hand over files to be hosted on the client’s server or web host. W3BWORKS will negotiate the payment arrangements with the client.
11. Additional Services
The client agrees to pay the additional fees for any work not described in the quotation that the client requests and approves in advance in writing during the course of the project. This will be charged at the hourly rate.
12. Additional Expenses
The client agrees to reimburse W3BWORKS for any additional expenses necessary and approved by the client in advance in writing for the completion of the services. An example of this might be work required due to unforeseen difficulties or fees incurred in obtaining access to the client’s domain name, or additional meetings and travel time that were not previously quoted for. Additional expenses will be charged at the hourly rate plus expenses.
13. Completion Date
W3BWORKS will book in the work and provide a predicted completion date once the client has accepted the quotation and paid any initial deposit. Any completion date should be viewed as a quotation. W3BWORKS cannot be held responsible for any delays that are beyond W3BWORKS’s reasonable control or caused by the client’s delay in responding to requests by W3BWORKS.
The client must pay for the work in full following receipt of an invoice from W3BWORKS. All services shall be provided for the price specified in the quotation, price list and these terms. All websites designed and created by W3BWORKS come with 1 year free web hosting at the parent company W3BSPACE Internet Ltd which begins when the website has been approved and is put online in the live environment. Costs for web hosting will continue at full price after the first year. The client can choose to pay for any ongoing services either monthly, or annually in advance.
If paying monthly, the services will be renewed and invoiced automatically on the payment date each month. If paying annually, the services will be renewed and invoiced automatically every 12 months.
Unless otherwise stated on the quotation, 30% of the project value will be invoiced upon acceptance of the project quotation to secure studio time, 30% will be due on sign-off of creative design, 30% will be due on sign-off of working site prior to go-live and 10% will be due upon project completion and go-live. Payment shall be requested by electronic invoice from our parent company W3BSPACE Internet Ltd. The Client can pay online via debit card, credit card or cheque by arrangement.
In case debt collection or legal action prove necessary, the client agrees to pay all reasonable fees incurred. Should the Company debt remain a Company liability then the debt is to be considered joint and several liability. W3BWORKS reserves the right to withhold the client client’s website from going live or remove the client’s website or other services from viewing on the Internet if payment is not made in full within 28 days of the date of the final invoice. W3BWORKS will give the client seven days’ notice before removing the website from the Internet. This does not relieve the client of their obligation to pay the due amount. W3BWORKS accepts no liability for any losses that the client incurs if the website is removed from the Internet due to non-payment.
15. Website Software Updates
Any work provided under the services will be developed to be compatible with the latest standards and software that are in place at the time of the initial project. Due to the changing nature of the website industry, W3BWORKS does not guarantee that the work will be compatible with future standards, web browsers or upgrades to the software it runs on. client is advised to update the software used to power the website at least annually.
If the client chooses to purchase ongoing software updates from W3BWORKS then this will cover standard updates to WordPress and any other software used to provide the services, including the theme and plugins. If, at any point, it becomes apparent that significant redevelopment is required in order to bring the software up to date – for example, due to any significant incompatibilities between the website and the new versions of the software – with then this would be treated as extra work in addition to the ongoing software update fee. In this case, W3BWORKS will contact the client and recommend the best course of action.
16. Ongoing Support & Maintenance 90 Days’ Free Support
All work provided by W3BWORKS comes with 90 days’ free support. This will commence on the date on which the work provided under the services is launched or the completed work is handed over to the client. This is intended to provide an opportunity to fix any issues that may arise (e.g. bug fixes). Support services means commercially reasonable technical support and assistance to maintain and update the Website including correcting any errors.
The services in the Warranty Period do not include enhancements to the Project or other services outside the scope of the Proposal.
For any additional training, support, changes or updates and all issues raised after the initial 90 day warranty period, we reserve the right to charge for these services at our standard hourly rate. This includes fixing any bugs or other problems that the client identifies after the 90 day period has expired, even if these were present when the work was originally handed over.
If required and approved in advance by the client in writing, W3BWORKS will book in a set number of hours per month to work exclusively for the client. The client will be informed which hours have been booked if required, and will receive a discounted hourly rate, as quoted in the quotation. The hours covered by the retainer will be billed at the end of each month at the relevant discounted hourly rate. If the client requests more work in any month than is covered by the retainer then these will be billed at the full hourly rate.
The client can contact W3BWORKS at any time to commission one-off updates, upgrades or other changes to the work provided under the services. These will be charged at the hourly rate. W3BWORKS will charge the hourly rate for repairing a website or software where the fault was caused by improper use or neglect by the client or any other party. If unforeseen issues occur with the client’s website then W3BWORKS will charge the hourly rate to restore it to a previous backup. W3BWORKS agrees to provide the client with an estimate of hours and fees necessary for any and all such repair or restoration services, which shall be approved by the client in writing before W3BWORKS may commence with such work.
Costs of Ongoing Services
W3BWORKS will not increase the cost of any ongoing services during the following period:
- During the first 12 months from the date of the quotation if the services were paid for as a one-off payment.
- During any minimum contract period if the services were paid for in regular monthly instalments. After this period has elapsed, W3BWORKS may amend the cost at any time. Any changes will be notified to the client in writing giving at least 28 days’ notice.
17. Assignment Of Project
W3BWORKS reserves the right to assign subcontractors to the project as required. Where subcontractors are used, W3BWORKS reserves the right to share any information that is necessary for the work to be carried out. W3BWORKS will remain fully responsible for the final results of the project.
18. Copyrights & Trademarks
The client declares that it holds the appropriate copyright and/or trademark permissions for any information that it asks W3BWORKS to include on a website under the services, including text and images. The client agrees to fully indemnify and hold W3BWORKS free from harm in any and all claims resulting from the client not having obtained the required copyright and/or other necessary permissions. The client is assigned rights to use as a website the design, graphics and text contained in the finished assembled work. If W3BWORKS has provided a logo or colour scheme for the client then the client is also assigned rights to use these throughout their business. Copyright for these elements will be transferred to the client once they have been paid for in full.
W3BWORKS will provide image files of any parts of the website design to the client on request. This will be charged at the hourly rate. Rights to photos, graphics, source code and computer programs are specifically not transferred to the client, and remain the property of their respective owners.
19. Authorship Credit
Unless specified otherwise in the quotation, the client must include a link at the bottom of each page of their website, establishing authorship credit to W3BWORKS. This will be inserted by W3BWORKS. W3BWORKS may remove the link at any time. The client may only remove it with prior permission from W3BWORKS. W3BWORKS and
its subcontractors retain the right to link to the client’s website, display graphics and other web design elements as examples of their work in their respective portfolios, as well as to mention the client in publicity to promote W3BWORKS, unless stated otherwise in the quotation.
20. Cancellation Of New Services
Prior to the client’s final approval of the draft services, each party reserves the right to terminate their agreement at any time. W3BWORKS shall have the right to bill pro rata for work completed up to and including the date of that request, plus any expenses incurred, while reserving all rights under these terms and to the work.
If the client does not provide the information or approvals required for the services within a period of 60 days from the date it was requested by W3BWORKS, or does not respond to contact within 60 days, then W3BWORKS will deem this to be a cancellation of the agreement.
21. Cancellation Of On Going Services
Any ongoing services provided to the client by W3BWORKS can be cancelled by the client at any time. The client must give W3BWORKS at least 14 days’ notice either in writing or by email. The client shall not be entitled to a refund for any part of a month or year for services yet to be provided which have been paid in advance.
Please note: The payment of website design services in regular monthly instalments (the ‘pay monthly’ option) is not considered an ongoing service and cannot be cancelled at any time within the minimum 24-month payment period.
If the client is cancelling the website hosting and domain name registration service (e.g. the client wishes to move the website to a different web host) then W3BWORKS will release and hand over all website files. This will be billed at the hourly rate. If W3BWORKS wishes to cancel any ongoing service provided to the client then they may do so at any time but must give the client at least 14days’ notice in writing or by email.
22. Cookies And Privacy
W3BWORKS will support the client in ensuring the website complies with the Privacy and Electronic Communications Regulations.
W3BWORKS will inform the client of their responsibilities, including offering their services in carrying out an audit of any cookies used on the site, and providing information about the technical options available to achieve compliance. Ultimate responsibility for compliance lies with the client.
23. Limited Liability
The client hereby agrees that any material submitted for publication on a website will not contain anything leading to an abusive or unethical use of the web hosting service or host server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel. The client hereby agrees to indemnify and hold W3BWORKS harmless from any claim resulting from the client’s publication of material or use of those materials.
For as long as W3BWORKS and W3BSPACE Internet Ltd is responsible for hosting and administration of the services, W3BWORKS shall take all reasonable measures to protect the client’s website or software including responsibility for daily data backups and regularly overseeing its security against illegal or unauthorised use. The client acknowledges that W3BWORKS cannot guarantee the security of the services. If, at any time, the client is aware of any infiltration, or suspects that such infiltration may be taking place, it shall notify either W3BWORKS or W3BSPACE Internet Ltd immediately.
W3BWORKS total liability arising in connection with work provided under the quotation and these terms shall be limited to the total cost of services ordered by the client from W3BWORKS during that financial year. W3BWORKS shall not be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation (howsoever caused) which arise out of or in connection with the services.
The client shall defend, indemnify and hold harmless W3BWORKS and its employees, agents and subcontractors from all liabilities, claims and expenses, including all reasonable legal fees that may arise or result from:
- Any service provided or performed or agreed to be performed or any product sold by the client, its agents, employees or assigns.
- Any injury to person or property caused by any products or services sold or otherwise distributed in connection with W3BWORKS.
- Any material supplied by the client that infringes on the proprietary rights of a third party.
- The client’s use of electronic commerce.
- Any defective product which the client has provided via the services.
W3BWORKS, its employees and subcontractors agree that, except as directed by client, it will not at any time disclose any confidential information to any person.
26. Entire Understanding
These terms and the corresponding quotation form the sole agreement between the client and W3BWORKS regarding W3BWORKS’s web design and ongoing services. These terms shall be governed and construed in accordance with English law. The parties agree that if any part, term or provision of these terms shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected.