The following terms apply to our website design and development services.
We have separate terms and conditions for the various services we offer which can be accessed from the options below:
- Website Hosting Terms and Conditions of Service
- Domain Name Registration Terms and Conditions of Service
- PAYG Website Terms and Conditions of Service
All services provided by aprompt limited (also referred to as A Prompt Ltd and 'us' and 'we' and 'our') to the Customer are subject to the following terms and conditions. These terms apply to services and orders placed with aprompt Ltd. We may change our terms and conditions at any time, so please do not assume that the same terms will apply in the future.
- Acceptance. All new customers accept these Terms and Conditions at the time of submission of work to A Prompt Ltd.
- Charges. Charges for services to be provided by A Prompt Ltd are defined in the proposal and/or order that the Customer receives prior to work carried out. The proposal and client meetings will outline the interim payment schedule (if applicable) regarding this project. A Prompt Ltd reserves the right to change the rates for ongoing maintenance services with thirty (30) days advance notification to the Customer. Payment for services is due by BACS, credit/debit card or cash. We do accept cheques if you do not have access to online banking. Cheques should be sent to: A Prompt Limited, Brinkworth House, Brinkworth, Chippenham, Wiltshire SN15 5DF, UK
- Project Proposal: A Prompt Ltd will supply a project proposal as part of our quotation for web site projects. The project proposal is a representation of the website/web application A Prompt Ltd will be developing for you. It will have been constructed to represent the combination of the verbal brief and all other verbal contact regarding this project up to and including the quotation submission and overrides all previous documentation or verbal agreements. The Customer must ensure all functionality described matches your desired requirements, and that all required functionality is specified. The project proposal document is created for the following purposes:
- As a specified list of the functionality required in the website and application by you, the Customer.
- As a checking document for you, the Customer, to double-check your requirements.
- As a legally binding agreement describing the scope of the project.
- As a development team working document.
- As a development quality control document.
- Customer Review. A Prompt Ltd will provide the Customer with an opportunity to review a hard or soft copy mock-up sample web page prior to web site construction. Once approved by the customer, the construction of the web site will begin. Any changes to the website or web application design after approval are chargeable. The client will be offered the opportunity to privately review and make minor 'content' changes to the web site prior to the site going live. This private preview is carried out via the A Prompt testing server or loaded within clients hosting. The web site will remain on the testing server for up to two (2) weeks, during this time the Customer must test the functionality of the web site to ensure that the web site includes all the functions outlined in the project proposal. At the end of (or during) this period the Customer must submit any queries or omissions to A Prompt Ltd in writing or by E-mail, if no communication is received it will be deemed that the web site fulfils the functionality specified in the project proposal and will be made ready to go live. Any queries or changes requested after this time will be deemed to be outside of the original project proposal and be charged accordingly. Additional functionality requests will be quoted for separately. Once the Customer has approved the final preview all outstanding payments become due. Once these payments have been made the web site will be made live and accessible to all users of the World Wide Web. Any bugs found within one year of the website development completion date (i.e. the date the website is loaded on to the aprompt development server) will be fixed free of charge by aprompt, thereafter any bugs found that require fixing will be charged for. A Prompt accept no responsibility whatsoever for loss of business if bugs are found after the first two weeks of the site being loaded on to the A Prompt development server.
- Turnaround Time. A Prompt Ltd will install and publicly post the Customer's Web site by the date specified in a project proposal, unless the Customer delays approval, delays providing content (of any sort), delays answering project queries or specifically requests a delay.
- Payment. Invoices will be provided by A Prompt Ltd for payment in advance or interim payment, if applicable and upon completion of the work for Web site design and development services, copy creating, photography, logo creation and other design essential services. The payment terms and payment dates are set out on our project proposals and must be adhered to. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of twenty percent (20%) per month of the total amount due. The web site/s remains the property of A Prompt Ltd until such time that all accounts are paid in full.
- Default. A Prompt Ltd will not upload and make live any new website until all outstanding invoices have been paid, or, at it's discretion A Prompt Ltd may upload and make live a website on the understanding that all outstanding invoices are paid within thirty (30) days of the web site going live. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of twenty percent (20%) per month of the total amount due. The web site remains the property of A Prompt Ltd until such time that all accounts are paid in full. Accounts unpaid thirty (30) days after the date of invoice for existing websites will be considered in default. Accounts unpaid thirty (30) days after the date of invoice for other services will also be considered in default. If a Customer is in default A Prompt Ltd will, at its discretion, remove all files, scripts, email accounts and images from its Web space and therefore prevent the web site from being viewed. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Direct debits or cheques returned for insufficient funds will be assessed a return charge of £35.00 and the Customer's account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay A Prompt Ltd reasonable expenses, including an administration fee of £125.00 for re-loading the website if applicable, legal fees and costs for collection by third-party agencies, incurred by A Prompt Ltd in enforcing these Terms and Conditions.
- Termination. Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or by E-mail. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
- Legal Restrictions. A Prompt Ltd's services may be used for lawful purposes only. Submission, transmission, or maintenance of any information or materials in violation of any legal statutes and/or regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene. A Prompt Ltd reserves the right to refuse service to the Customer without providing reason or cause.
- Copyright. Customers retain the copyright only to data, files and graphic logos provided by the Customer, and grants A Prompt Ltd the rights to publish and use such material. Custom artwork and graphic logos designed by A Prompt Ltd for use in the Customer's website will remain the property of A Prompt Ltd; at its discretion, A Prompt Ltd will grant the Customer rights to use such material in formats other than website use upon written permission to the client. A Prompt Ltd may, from time to time, engage third party designers or use Royalty Free stock images; where such third party designs or images are used A Prompt Ltd will obtain a single use licence for use on the website which cannot be used on any other marketing material other than the website under any circumstances. A separate agreement must be entered into, in the event that the Customer wishes to obtain all rights for custom artwork or graphic logos designed by A Prompt Ltd or any third party designers. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting A Prompt Ltd permission and rights for use of the same and agrees to indemnify and hold harmless A Prompt Ltd from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. Every contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to A Prompt Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. For any accounts that remain unpaid, the copyright of website designs and associated items is owned by A Prompt Ltd. The admin area software is copyright A Prompt Limited and the client is granted a perpetual licence to use the software for the lifetime of the website. The admin area software cannot be re-sold, modified or re-branded without the prior written consent of A Prompt Limited. There may be elements in the website that are provided by 3rd party providers who own the copyright of those elements.
- Standard Media Delivery. Unless otherwise specified in the project proposal and/or client meeting, this Agreement assumes that all text will be provided by the Customer in electronic format (ASCII text files delivered on CD-ROM or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg or. tiff format. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media or outside facility charges. Although every reasonable attempt shall be made by A Prompt Ltd to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed.
- Design Credit. A link to A Prompt Ltd will appear in either small type or by a small graphic at the bottom of the primary "home" page of the Customer's Web site. If a graphic is used, it will be designed to fit in with the overall site design.
- Access Requirements. If the Customer's website is to be installed on a third-party server, A Prompt Ltd must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- Right To Pull. By agreeing to this Agreement, the Customer agrees to give A Prompt Ltd "on demand" access to the Customer's installed Web site, and further agrees that A Prompt Ltd shall have the right to remove that site from public posting for failure to adhere to the terms of this Agreement, including violation of any licensing agreements or failure to pay fees duly assessed.
- Post-Placement Alterations. A Prompt Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions. Any work done by A Prompt to correct such third party actions or alterations will be charged for, whether the website is within warranty or not.
- Search Engine Submission. A Prompt Ltd cannot accept responsibility or liability for Customers web sites not being listed or ranked by any Search Engines. The structure of the website will be optimised for search engine recognition and ranking at time of order and loading live. If You, the Customer, make any changes to the structure, we take no responsibility of the effect such changes can have on the search engine recognition and ranking of the website. You have total responsibility for entering and editing the ‘Page title’, ‘Meta keywords’, ‘Meta description’, ‘Menu links’ and the actual content of the web page, using the tools that we provide for each page / product You create in the website. We cannot guarantee You will be listed in any search engines. It is the responsibility of the Customer to market their new website, add their new web site to directories and promote their web site both off and online. It is also the responsibility of the Customer to ensure that the content of their web site reflects and includes the keywords and phrases for which they wish to be found in search engines. At no point do we guarantee your website will be found in search engines as we have no control over these.
- Search Engine Optimisation (SEO). As a separate service A Prompt Ltd can offer Search Engine Optimisation (SEO) on a page by page basis. It is the responsibility of the Customer to provide between 600 and 1000 words of content for each page to be search engine optimised. Or we can create the content from scratch and there would be an additional charge. The Customer would also need to provide, for each page, a list of keywords and phrases for which they wish to be found in search engines. A Prompt Ltd do not represent or warrant that Customers' web site will achieve a favourable position, or any position, within a particular search engine.
- Website Database Back-up Service. By default A Prompt Ltd do not back up Customers data or web site files unless specified and is not responsible for the backup of any files on its servers. Should data be erased due to hardware failure or any other reason, we will not be responsible for any resulting financial loss whatsoever. However, as a separate service A Prompt Ltd can offer a scheduled back-up service of the Customers web site database and uploaded files folder. The back-up service will run at a scheduled time once a week (unless a different schedule is specifically requested). The backed-up files will remain on the A Prompt Ltd servers, the Customer may request a copy of the files at any time. Database back-up files are stored for four weeks after which time they are destroyed. Should the web site database need to be restored we can restore any one of those weekly database back-up files upon request within the current four week period.
- Server Security. Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
- Website Admin Area Security. Your new A Prompt Ltd website may come with a secure online admin area (or control panel). It is solely the Customers responsibility to change the default username and password as soon as they are given access to the website. Failure to change the default username and password may allow unwanted access to your admin area which may cause loss or corruption of data for which A Prompt Ltd is not responsible.
- Indemnity. The Customer agrees to indemnify and hold harmless A Prompt Ltd from any and all claims resulting from the Customer's use of A Prompt Ltd's services, which cause damage to the Customer or a third party.
- Disclaimer. A Prompt Ltd makes no warranties of any kind, whether express or implied, for the services it provides. A Prompt Ltd also disclaims any warranty of merchantability or fitness for a particular purpose. A Prompt Ltd will not be responsible for any direct, indirect or consequential damages, which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service. The Customer acknowledges and agrees that A Prompt Ltd cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond its control. Furthermore A Prompt Ltd do not guarantee the success of the Customers online business, it is the responsibility of the Customer to research, market and develop a strategy for their online business.
- Design. It is the responsibility of A Prompt Ltd Customers to approve the design of a website/graphic/logo/artwork provided by A Prompt Ltd. Once the Customer has approved a design, it becomes the legal responsibility of that customer. A Prompt Ltd cannot be held responsible for any similarities or infringement of copyright to any other website if the design has been approved by the Customer. It is therefore the responsibility of the A Prompt Customer to ensure the design they approve is not similar to competitors or other business websites and A Prompt cannot be held responsible in any way for damages or loss of earnings or any other loss or legal action if similarities are found after the approval is received from the Customer to A Prompt Ltd.
- eCommerce websites using Sage Pay - If your website is to be integrated with Sage Pay, please note that for Sage Pay Form transactions, Sage Pay cannot guarantee to return the customer to your website. If the customer closes their browser mid-way through a transaction, or if something goes wrong ant any redirect stage, it will be up to you to check the status of the transactions on the ‘My Sage Pay’ reporting screens.
- Responsive Website Design. Responsiveness is aimed at mobile phone devices (i.e. smartphones) that are on the market at the time your website is designed and built – not necessarily every “non desktop” device.
- General. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted, save only for any exceptions specifically outlined in the project proposal. The Customer's signature on project orders constitutes agreement to and acceptance of these Terms and Conditions. A Prompt Ltd reserves the right to change the terms and conditions of the acceptance of future orders for authoring and placement of the Customer's pages.
- Governing Law. This Agreement shall be governed by the laws of the England and the United Kingdom, which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement. This Agreement is void where prohibited by law. I have read and understood the Terms and Conditions for services provided by A Prompt Ltd, and agree to abide by them.
- Website Warranty. Websites that we develop have one year (12 months) warranty from the date it is loaded on to our development server. You are notified when the website is available for you to fully test on our development server before we make the site live. Any changes to the website or investigation work in to the workings of the website after this time period will be charged at £90.00+VAT/hour with a minimum time required each time of 1 hour. We will fix any errors in the code, if found, free of charge within the first 12 months of the site being loaded on to our development server.
- Finders Fees. For companies and individuals that refer work to us, a finders fee or commission may be given, upon our discretion. Finders fees are dependent on the type of website or web application. Please ask us for details. (Finders fees do not include any renewable items, SEO, page population, image purchases, CMS Express or Premium websites, etc).
- Commission Structures. For companies and individuals that refer work to us but also do some of the work, we have an agreed commission structure available upon request. Commission structures and the amounts paid as commission may change from time to time, so please check with us first to find out how much commission you could get, depending on the amount of work you do for the client and aprompt. Please note: we do not use website design agencies or website development companies outside the UK.