Website Design Terms And Conditions
Definitions
“EML” means Enable Media Ltd of r/o 200 Grays Inn Road, London WC1X 8HF (co registration number is 5178759). EML is a wholly-owned subsidiary of ITV plc
“Customer” means any person, company, partnership, organisation or body at whose application, EML agrees to provide the Services under the terms of the agreement.
“Agreement” means the contract between EML and the Customer to which these conditions will apply.
“Services” means the design of a Website in accordance with the Customer’s specification
“Order” means confirmation by the Customer of its acceptance of the quotation given by EML
2. The Contract between you and EML
2.1 You are invited to buy the Services from EML. If you wish EML to provide the Services to you , you will need to confirm your Order whether verbally or in writing following receipt of EML’s quotation for the design of the website in accordance with your specification. The Services will be subject to these Terms and Conditions.
2.2 The Order must be accompanied by a deposit of 50% of the Price.
2.3 A binding contract will only arise when EML has received your Order and deposit from you. You should only confirm your Order to EML if these Terms and Conditions are acceptable to you without modification.
3. The Price of our Services
3.1 Our charges for any Services ordered by you will be based upon the quotation submitted to you prior to the placing of your Order.
4. The Services
4.1 EML will design and build a website for the Customer based around images and text provided by the Customer.
4.2 The website design service described in the Web Starter Basic package consists of a one-page website built in HTML. The website design services described in the Web Starter Plus package and the Basic Website service consist of three-page websites built in HTML.
4.3 For additional payment based upon the quotation further HTML pages will be added to the website.
4.4 Alternatively if in the Order the Customer so specifies a website may be designed and built using EML’s Content Management System (CMS).
4.5 A single page of the website will be designed and submitted to the Customer for approval of the overall design of the website. Once the Customer has approved the design of this page, any alteration will result in an additional charge being made in accordance with the quotation.
5. Performance of the Services
5.1 EML will use its best endeavours to complete all Services within any agreed timescale or within a reasonable period.
5.2 The design and building of the website will commence upon the receipt of the deposit and the provision of the images and text by the Customer and will be completed when the Customer gives written notice to EML of approval of the website.
5.3 Time shall not be of the essence.
5.4 On completion of the Service, the website will be uploaded to a temporary URL for approval by the Customer.
5.5 EML reserves the right to delay uploading of the approved website to its hosting server or supply of the website files to the Customer for use on any hosting server other than that provided by EML until full payment has been received.
5.6 Any web site designed by EML and built using EML's Content Management System (CMS) is designed to fully function with EML's hosting service. EML recommends that the Customer's domain name is transferred to EML's hosting service but, should the Customer host their domain name elsewhere, EML will provide the required files to the Customer; EML is not responsible for uploading or implementation of the CMS on any hosting service other than that provided by EML.
6. Payment
6.1 Upon acceptance of the Customer’s Order by EML the full cost of the selected Service shall be due and payable.
6.2 A minimum deposit of 50% of the Price will be made with the Order.
6.3 The balance of the Price including any additional fees for Services provided shall be paid upon completion of the Services. The website will not be transferred to the permanent server until payment in full has been received.
6.4 EML will accept written notice of termination of the Agreement but will not be required to make any refund to the Customer or give credit for any uncompleted element of the Services.
6.5 Any unpaid balance of the Price as at the date of termination shall be immediately due and payable and EML shall be entitled to recover payment upon demand.
6.6 EML accepts single payments by cheque (payable to “Enable Media Limited”), Visa, MasterCard, Delta or Switch (although we reserve the right to decline payment in any of these forms without notice to you). Without limitation, EML does not accept payment by Diners Club or American Express card. EML reserves the right to withdraw any payment methods at any time and to vary its prices without notice to you.
7. Intellectual Property Rights
7.1 All intellectual property rights in the website, its functionality, and any design work, documents or drawings are vested in and at all times remain the property of EML.
7.2 The Customer acknowledges that EML may and is by the Agreement licensed to use any information provided by the Customer to enable EML to produce the website.
8. Your Obligations to Us
8.1 The Customer will promptly provide to EML (free of charge) any information that EML may reasonably require to enable EML to proceed with its obligations under the Agreement.
8.2 The Customer shall be responsible for ensuring that all material provided to EML is accurate and is either owned by the Customer or that the Customer has permission of the owner for the material to be used in relation to the provision of the Services.
8.3 The Customer acknowledges that it will indemnify EML in respect of any losses, costs or claims incurred by EML as a result of any breach by the Customer of this obligation.
8.4 The Customer shall promptly pay to EML all payments due under the Agreement.
9. Our Liability to You
9.1 EML’s obligation is limited to the provision of the Services.
9.2 Whilst EML believes that the website will benefit the Customer EML gives no express or implied warranty as to the effectiveness of the website as a mode of benefiting the Customer.
9.3 EML accepts liability to the Customer for any direct loss that the Customer suffers due to a breach by EML of its duty to exercise reasonable skill and care in the provision of the Services. EML also accepts liability to the Customer for any direct loss that it suffers because the Customer is injured or dies as a result of EML’s negligence.
9.4 The Customer acknowledges and accepts that EML will have no further liability to the Customer whether in contract, tort, breach of statutory duty or otherwise.
9.5 The Customer acknowledges and accepts that EML makes no warranty and has given no representations of any kind beyond those contained above.
10. Termination
EML shall have the right to terminate the Agreement if:
- 10.1 the Customer shall be in breach of its obligations to EML pursuant to paragraph 8.|
- 10.2 the Customer shall fail to approve the website without reasonable cause within a reasonable period.
11. Governing Law and Jurisdiction
11.1 The Agreement shall be given by and interpreted in accordance with English Law.
11.2 EML and the Customer acknowledge that the Courts of England shall have exclusive jurisdiction to settle any dispute which may arise in connection with the Agreement.