These are terms and conditions for Copperman Web Design.
- CWD: Copperman Web Design.
- Client :The individual, business, organisation, or representatives thereof requesting/employing the services of CWD.
- Site, website: Entire website or part thereof, including images, assorted media (audio, video), written content etc.
CWD will carry out work only where an agreement is provided in writing, either by email, mail or fax. CWD will carry out work only for clients who are 18 years of age or over. An 'order' is deemed to be a written contract between CWD and the client. Verbal agreements will need to be supported and confirmed in writing before work can commence.
Whilst every effort will be made to ensure that the website and any associated scripts or programs are free of errors, CWD cannot accept responsibility for any losses incurred due to a malfunction of the website, or any part of it.
The website, graphics and any programming code remain the property of CWD until all outstanding accounts are paid in full, with the exception of open source software.
Any scripts, php scripts, or software (unless specifically agreed) written by CWD remain the copyright of CWD and may only be commercially reproduced or resold with the permission of CWD.
CWD cannot accept responsibility for any copyright infringements caused by material(s) submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless sufficient proof is given, of permission to use said material.
Any additions and/or ammendments to previously agreed contracts will need to be supported in writing.
The client agrees to make available to CWD, as soon as is practicably possible, all materials required to complete the site to the agreed standard and within the set deadline. CWD will not be liable for costs incurred, compensation or loss of earnings due to the clients failure to meet agreed deadlines.
CWD shall 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. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
CWD 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.
CWD 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.
A deposit of 40% is required with any standard project, and 50% for more complex contratcs, for example, database driven content management systems, before any design work will be carried out. This figure may be higher for websites of an adult nature and is non-refundable.
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 and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments and minor alterations that may be required.
Database, Application and E-Commerce Development
CWD 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.
Any scripts, applications or software (unless specifically agreed) written by CWD remain the copyright of CWD and may only be commercially reproduced or resold with the permission of CWD.
Where applications or sites are developed on servers not recommended by CWD, the client is expected to provide any information that may be required (CWD will state what information is required in each case), 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.
The client is expected to fully test any application or programming relating to a site developed by CWD before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, CWD will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
CWD 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 the most commonly used web browsers, including Internet Explorer, Mozilla, and Safari. CWD can offer no guarantee of correct function or rendering with all browser software.
Whilst CWD recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service, nor can CWD 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.
CWD reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Where an agreement is made not involving the website design and creation per se, eg. design of business staionary, company logo, image/adio/video editing the above terms and conditions shall be used and referred to, replacing the words 'site' and 'website' with the item in question.
A deposit is required from any new client before any work is carried out (see above). It is CWD policy that any outstanding accounts for work carried out by CWD are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with CWD.
Any items such as domain names, images etc. must be paid for in advance by the client.
Once a deposit is paid and work completed the client is obliged to pay the balance of payment in full. CWD will contact clients via email and/or telephone to remind them of such payments if they are not received when due.
If accounts are not settled or CWD 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.
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.
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters. Please see our Privacy Statement for full details of how information is handled, stored and used.
Anyone who experiences a problem with their web service provided by CWD should raise the matter directly using our online contact form, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
CWD will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
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.
A formal complaint should be made in writing to CWD, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
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.
Proprietor: Matthew Willems
Address: 29 College Gardens, Worthing, West Sussex, BN11 4QE