1. Pyewacket Design reserves the right to terminate
any contract that does not comply with our terms and conditions. Deposits
are non-refundable. Hosting plans refunds will be for
full months only.
2. All orders are subject to acceptance by Pyewacket
Design. An order will be deemed accepted by both parties when Pyewacket
Design receives any due deposit or payments and any necessary signed contract.
3. A 'page' is defined as a single viewable
document regardless of size or content. Any
referenced code documents are classed as part of the page.
Pyewacket Design reserves the right
to split up large pages at our discretion.
4. Pyewacket Design requires the customer to display
a discreet active link to our website on their main page stating 'website designed and maintained by Pyewacket Design' or similar.
5. All files created by Pyewacket Design will include a short line of hidden
text stating that they was created by us. This hidden text
cannot be removed under any circumstances.
6. Pyewacket Design reserves the right to refuse
to publish any information that it considers to be obscene, offensive,
libellous, defamatory or harmful in any way or any information that
may breach copyrights or the law.
7. The customer agrees to supply Pyewacket Design with all the necessary copy, images, and information required to create the website. Pyewacket Design cannot be held responsible for any errors or omissions resulting from incomplete information received from the customer.
8. Any permission to alter any copy, images,
photographs etc. supplied by the customer is the customers' responsibility,
and Pyewacket Design cannot be held responsible for any subsequent
disputes arising from their alteration.
9. Once design details have
been agreed by both parties, the customer will be sent an invoice
for 25% of the agreed cost as deposit, plus a contract, which must
be signed and returned with the deposit payment. If no payment and/or
signed contract have been received within twenty-one days the agreement
will be declared null and void and no further action will be taken.
When payment and signed contract are received Pyewacket Design will
create the agreed design.
10. On completion the design will be placed
in a preview area. The customer will be sent an invoice for the
remaining balance, and will be asked to sign off the
design. On payment
of the balance in full the design will be
moved to its final live position. If required, large websites can be created and
paid for in agreed sections.
11. Any design or
website section that has been signed off by the customer will be
considered completed, and therefore any subsequent changes made
to it by Pyewacket Design will be charged at a standard hourly
12. On completion of an agreed design the
customer will have full rights of ownership to that design. Pyewacket Design cannot be held responsible for any
subsequent disputes arising from the customer's use of the
13. Payment is due within twenty-one days of the invoice date. If
the invoice has not been paid by the invoice due date then
Pyewacket Design reserves the right to remove the website from
public view. Late invoices are subject to a late payment fee of
14. Hosting plans will be renewed every year as agreed, unless they
are canceled in writing by either party at least fourteen days
before the contract renewal date. Hosting plan refunds will be
for full months only.
15. Pyewacket Design will attempt to the best of its ability to acquire, on request, an Internet Domain Name on behalf of the customer. The customer hereby waives, any and all claims, which the customer may have against Pyewacket Design for any loss, damage, claim or expense arising out of, or in relation to, the registration, use or release of such Domain Name.
16. Pyewacket Design will attempt to the best of its ability to maintain acceptable performance of hosting services, but makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Pyewacket Design cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Pyewacket Design will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. (Although we will keep back-up copies of all websites created by us). Pyewacket Design shall not be liable to the customer for any claims or damages which may be suffered by the customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non deliveries, or service interruptions whether or not caused by the fault or negligence of Pyewacket Design.
17. Pyewacket Design reserve the right to display
any completed work to potential customers, except where doing so
would violate any previously agreed confidentiality clauses.
18. Pyewacket Design cannot be held
responsible for any changes the customer and/or associated or
un-associated third parties makes to the design.
19. Pyewacket Design owns all rights, title
and interest in Pyewacket Design's trade names, service marks,
copyrights, inventions, trade secrets, and operating know-how
relating to the design and function of any design that it may create
for the customer. The agreement to produce a design for the customer does not constitute a license to the customer
to use Pyewacket Design's trade names or service marks in any way
other than those previously described.
20. Both Pyewacket Design and the customer acknowledge that by reason of their
relationship hereunder, they may have access
to certain information and materials relating to the other parties
business, plans, customers, software technology, and marketing strategies
that is confidential and of substantial value,
which value would be impaired if such information were disclosed
to third parties. Both parties agree that they will not use in any
way for their own account nor for the account of any third party,
nor disclose to any third party, any such information revealed to
it by the other party. Both parties further agree that they will
take every reasonable precaution to protect the confidentiality
of such information. In the event of termination of this agreement,
there shall be no use or disclosure by either party of any such
confidential information in its possession, and all confidential
materials shall be returned or destroyed. The
provisions of this section shall survive the termination of the
agreement for any reason. Upon any breach or threatened breach of
this section, both parties shall be entitled to injunctive relief,
which relief shall not be contested by the other party.
21. The relationship between Pyewacket Design and
the customer is that of vendor and vendee. They shall not be construed
as being joint ventures, franchiser/franchisee, or employer/employee.
This agreement is a commercial agreement between businesses, not
a consumer agreement. The customer has no authority, apparent or
otherwise, to contract for or on behalf of Pyewacket Design, or
in any other way legally bind Pyewacket Design in any fashion, nor
shall the customer be authorized to make any representations about
Pyewacket Design or its services other than to set forth Pyewacket
Design's responsibilities as outlined in this agreement.
22. Both parties shall attempt to resolve all disputes
arising out of this agreement in a spirit of co-operation without
formal proceedings. Any dispute which cannot be so resolved (other
than the collection of money due on unpaid invoices) shall be subject
to arbitration upon written demand of either party. Should any legal
action permissible under this agreement be instituted to enforce
the terms and conditions of this agreement, in particular the right
to collect money due on unpaid invoices, the prevailing party shall
be entitled to recover reasonable legal fees and expenses incurred
at any level.
23. If any provision of this agreement is held to
be invalid by a court of competent jurisdiction, then the remaining
provisions shall nevertheless remain in full force and effect. Both parties agree to renegotiate in good faith any term
held invalid and to be bound by mutually agreed substitute provision.