Cooldot Web Design – Terms and Conditions
By placing an order with Cooldot Web Design, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client : The company or individual requesting the services of Cooldot Web Design.
Cooldot Web Design: Primary designer/site owner & employees or affiliates.
i. Cooldot Web Design will carry out work only where an agreement is provided either by email, telephone, mail or fax. Cooldot Web Design will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Cooldot Web Design and the client, this includes telephone and email agreements.
2. Website Design
i. Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Cooldot Web Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
ii. The website, graphics and any programming code remain the property of Cooldot Web Design until all outstanding accounts are paid in full.
iii. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Cooldot Web Design remain the copyright of Cooldot Web Design and may only be commercially reproduced or resold with the permission of Cooldot Web Design.
iv. Cooldot Web Design cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
v. Any additions to the brief will be carried out at the discretion of Cooldot Web Design and where no charge is made by Cooldot Web Design for such additions, Cooldot Web Design accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
vi. The client agrees to make available as soon as is reasonably possible to Cooldot Web Design all materials required to complete the site to the agreed standard and within the set deadline.
vii. Cooldot Web Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
viii. Cooldot Web Design will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
ix. Cooldot Web Design will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
x. Cooldot Web Design will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
xii. A deposit of 25% is required with any project before any design work will be carried out.
xiii. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
3. Database, Application and E-Commerce Development
i. Cooldot Web Design cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
ii. Any scripts, cgi applications or software (unless specifically agreed) written by Cooldot Web Design remain the copyright of Cooldot Web Design and may only be commercially reproduced or resold with the permission of Cooldot Web Design.
iii. Where applications or sites are developed on servers not recommended by Cooldot Web Design, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
iv. The client is expected to test fully any application or programming relating to a site developed by Cooldot Web Design before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Cooldot Web Design will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
i. Cooldot Web Design will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Cooldot Web Design can offer guarantees of correct function with all browser software.
5. Website Hosting
i. No guarantees can be made as to the availability or interruption of this service and Cooldot Web Design cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
ii. Cooldot Web Design reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
6. Payment of Accounts
i. A deposit is required from any new client before any work is carried out. It is the Cooldot Web Design policy that any outstanding accounts for work carried out by Cooldot Web Design or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless otherwise stated or by prior arrangement with Cooldot Web Design.
ii. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
iii. If accounts are not settled or Cooldot Web Design have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.
iv. Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
v. Cooldot Web Design shall be entitled to charge interest in respect of late payment of any sum due, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
7. Complaints Procedure
ai. Informal Procedure: Anyone who experiences a problem with their web service provided by Cooldot Web Design should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
aii.Cooldot Web Design will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
bi. Formal Complaints Procedure: The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
bii. A formal complaint should be made in writing to Cooldot Web Design, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
biii. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.