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19
May
2009
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Website Design Terms And Conditions
Definitions
“VIP” means VIP Solutions of 519 Citi House, 2 Old Brompton Road, London SW7 3DQ. VIP is a wholly-owned subsidiary of VIP Group Online

“Customer” means any person, company, partnership, organisation or body at whose application, VIP agrees to provide the Services under the terms of the agreement.

“Agreement” means the contract between VIP 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 VIP


2. The Contract between you and VIP
2.1 You are invited to buy the Services from VIP. If you wish VIP to provide the Services to you , you will need to confirm your Order whether verbally or in writing following receipt of VIP’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 VIP has received your Order and deposit from you. You should only confirm your Order to VIP 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 VIP will design and build a website for the Customer based around images and text provided by the Customer. The legal status of images, text, video, and other intellectual property used on websites, supplied by VIP or not, are the sole responsibility of the website owner.

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. The website design services described in the Web Starter Super package consist of a 5-page website 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 VIP’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 VIP 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 VIP 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 VIP 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 VIP until full payment has been received.

5.6 Once the website is approved by the Customer, VIP is not responsible for any errors or downtime caused as a result of changes made to the website by the Customer or by any third parties on behalf of the Customer.

5.7 Any web site designed by VIP and built using VIP's Content Management System (CMS) is designed to fully function with VIP's hosting service. VIP recommends that the Customer's domain name is transferred to VIP's hosting service but, should the Customer host their domain name elsewhere, VIP will provide the required files to the Customer; VIP is not responsible for uploading or implementation of the CMS on any hosting service other than that provided by VIP.


6. Payment
6.1 Upon acceptance of the Customer’s Order by VIP 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 VIP 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 VIP shall be entitled to recover payment upon demand.

6.6 VIP accepts all payments via PayPal. Visa, MasterCard, American Express, Delta or Switch may all be used via PayPal, you do not need a PayPal account to use Paypal. Without limitation, VIP does not accept payment by cheque. VIP 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 VIP.

7.2 The Customer acknowledges that VIP may and is by the Agreement licensed to use any information provided by the Customer to enable VIP to produce the website.


8. Your Obligations to Us
8.1 The Customer will promptly provide to VIP (free of charge) any information that VIP may reasonably require to enable VIP to proceed with its obligations under the Agreement.

8.2 The Customer shall be responsible for ensuring that all material provided to VIP 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 VIP in respect of any losses, costs or claims incurred by VIP as a result of any breach by the Customer of this obligation.

8.4 The Customer shall promptly pay to VIP all payments due under the Agreement.


9. Our Liability to You
9.1 VIP’s obligation is limited to the provision of the Services.

9.2 Whilst VIP believes that the website will benefit the Customer VIP gives no express or implied warranty as to the effectiveness of the website as a mode of benefiting the Customer.

9.3 VIP accepts liability to the Customer for any direct loss that the Customer suffers due to a breach by VIP of its duty to exercise reasonable skill and care in the provision of the Services. VIP also accepts liability to the Customer for any direct loss that it suffers because the Customer is injured or dies as a result of VIP’s negligence.

9.4 The Customer acknowledges and accepts that VIP 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 VIP makes no warranty and has given no representations of any kind beyond those contained above.


10. Termination
VIP shall have the right to terminate the Agreement if:

10.1 the Customer shall be in breach of its obligations to VIP 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 VIP 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.

 
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