Terms, Conditions & Supply of Services

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Wealden Business's relationship with you in relation to this website.

The term "Wealden Business" or "Wealden Business Network" or "us" or "we" refers to the owner of this website whose registered office is 14 The Oaks Heathfield, East Sussex. TN21 8YA. The term "you" refers to the user or viewer of our website or services.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without Wealden Business prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

Supply of Services

Web Site Design & Development

We will produce and publish temporarily on one of our web sites or email directly to you a design proof for your approval. The design copyright of the proof will remain our sole property. Use of the design in any respect without our express written permission will constitute breach of copyright.
We will complete the design and build of your web site after receiving confirmation that the design proof is satisfactory.
Once we have received confirmation that the design proof is satisfactory; modifications to the design specification will be considered an amendment to the contract. All modifications must be confirmed in writing or by email and may be chargeable.
Our consultancy service and advice is, as any advice, subjective. It is up to you to decide whether to follow our ideas and suggestions. We cannot guarantee that any of those ideas and suggestions will increase traffic to your web site, improve ratings with search engines, or boost sales.
The estimate - quotation prices are based on the number of days that we estimate we will need to accomplish everything that you have told us you want to achieve as per the quoted specification. If you do want to change your mind, add extra pages or templates or even add new functionality, that won't be a problem. The amendments would become a change request and you will be charged a fixed price for each change request. Please put requests in writing so we can keep track of changes.
We only test on current browsers. If you need us to consider older browsers there would be an additional charge.

Website Hosting

We reserve the right not to renew, or terminate, hosting at our discretion giving no less than 7 days notice.
Depending on your websites disk storage and bandwidth usage, or for the addition of any other features, we may make an adjustment on the previous yearly billed hosting price and shall send an invoice to you to that effect.
A cancellation request must be sent 30 days prior to the expiry of hosting, otherwise hosting for the following year shall be auto-renewed and a new invoice sent for that year.

Copyright & Content

You must own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials reproduced in your project. You shall indemnify our business against any costs whatsoever in connection with the ownership of copyright or reproduction rights. You shall take full liability for the consequences of the contents of the website or project commissioned.
Your logos, artwork, graphics and photographs remain the copyright of the owner. Design, graphics and programming produced by us remain our intellectual property. Copyright of web pages produced are owned by us.
Upon final payment, you have the right to use as a website the design, graphics, and the text contained in the website. The original artwork we create may not be reproduced without consent from us. Rights to photos, graphics, source code, files, and computer programmes are specifically not transferred to you, and remain the property of their respective owners. They may also be reused on future unrelated projects. We retain the right to display graphics and other web design elements as examples of work in our portfolio. You reserve the right to reuse, modify, transfer or sell your implementation although the code itself cannot be resold without consent from us.
You agree that we may include development credits, logo images, and links within any website & code we design, build or amend.
All preliminary work carried out at your request, whether experimentally or otherwise, shall be charged to you.
We withhold the right to refuse publication of any content which is indecent, obscene or offensive towards others.
Proofs of all art work may be submitted for your approval and we shall not be liable for errors not corrected by you in such proofs. Your alterations and additional proofs will be charged as additional charges. When style, type or layout is left to our judgement, changes made by you shall be charged as additional charges.

Invoicing, Payment & Tender Validity

Payment for design services must (unless otherwise agreed with us) be made as development progresses plus balance on completion. Design modifications will be charged at the current hourly rate dependant on type of service required.
Payments are due within 30 days of date of invoice. If due to bank charges, transfer fees, etc, we receive less than the invoice amount, then we will re-invoice you for the shortfall. In the event that any amount remains unpaid 30 days after the invoice date, we reserve the right to discontinue, withhold, or suspend services to you.
In accordance with The Late Payment of Commercial Debts Act 1998 interest will be charged on all payments received outside of our payment terms at the rate of 8% Bank of England base rate. All charges incurred by us due to late payment or fees required to recover debts will be passed onto you.
Tenders, Estimates and Quotations are valid for 30 days from the date given. All prices quoted may be subject to change without notice after this period.
Once we have undertaken a commission for services, a cancellation fee of up to 75% will apply of the total quotation value if the contract is terminated through no fault of ours.
If we consider a commission for services to be completed and no further changes or additions have been requested, a final invoice shall be issued for the services provided.

Expenses

Out-of-pocket expenses will be subject to an industry-standard mark-up to cover time and costs involved. Unless projected to be costly, they will not be included in the estimate or quotation. Any expenses expected to be above £100 will be discussed with you. You shall reimburse us for expenses arising from this project, including but not limited to: hired services, photography, software, web hosting, and printing fees.

Approvals

You will be ultimately responsible for final approval of all compositions. It is important to make all final corrections and amendments before the project goes live to avoid delays and additional fees. We are not liable for any work that has been finally approved by you and made live.

Verbal Authorisation

Invoices will include (and you shall be obligated to pay) fees or expenses that were verbally authorised.

Completion & Delivery Dates

We will carry out the work in a professional and timely manner. As we progress we will endeavour to meet all the deadlines. We are not responsible for a missed deadline, if you are late in supplying materials, approval, or signing off our work on-time at any stage.

Any delay in the completion of a project due to forces beyond our control, or actions and negligence, by you shall entitle us to extend the completion/delivery date.

Cancellation

In the event of cancellation of a project, the ownership of all copyrights and original artwork, drawings, PDF files of layouts, and any other mock-ups, shall be retained by us. Any usage by you of all or any part of the work will result in legal action.

Additional Usage

If you wish to make additional uses of the work, then an additional fee may be charged, at an agreed price.

Limitation Liability

We do not guarantee that the functions contained in a completed web site will always be error-free and therefore we are not liable to you or any third party for damages, including lost profits, savings or other expenses.

If any provision of this agreement shall be unlawful, or unenforceable, then that provision shall be considered severable from this agreement and will not affect the validity and enforceability of any remaining provisions.

Legal Fees

You shall bear all costs, expenses, and reasonable legal fees in any action brought to recover payment under this contract.

Disclaimer

We cannot be held liable for any information contained within your web site or printed literature. The content of such remains the copyright and intellectual property of the owner. You are liable for any reasonable legal costs incurred by us caused by the content of your web site or other project and agrees to indemnify us for any awards made by a court of law.
Search Engine entry and ranking cannot in any way be guaranteed, as this remains at the sole discretion of a third party search engine provider.
No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced.
Where a time scale or schedule has been given, we will not be responsible for any money lost to you if the deadline is not met.
On completion of any web site it is your sole responsibility to manage the site unless this is contracted to us on our servers. We will no longer be responsible for the site upon completion unless an alternative agreement has been reached.
Should we waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit us to waive the same clause on any other occasion.
This contract shall be subject to English Law.

Authorisation

Written approval or emailed quotation acceptance from you, or payment of an invoice issued as a result of a quotation or estimate, indicates authorisation from you to proceed with the project mentioned within the document. You are stating that you are a legally authorized representative and are committing to pay for all fees incurred in the production of this project and that you agree to the terms laid out here.

Apologies

These terms have been drawn up under legal advice - we are unlikely to strictly enforce these terms and conditions with clients that are fair, agreeable, understanding and flexible. We do however reserve the right to change these terms & conditions at any time.

Wealden Business Network