Terms of Contract
Having received a brief of requirements from The Client, either verbal or written, Atomic Agency will produce a quotation detailing the work to be carried out.
The Client by accepting our quotation is accepting our terms and this will effectively form the basis of the contract.
This agreement constitutes the entire agreement between Atomic Websites and The Client.
In making this agreement each party confirms that they have not relied on any inducement not recorded in this agreement.
Copyright and Content
The Client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials reproduced in The Client’s project. The Client shall indemnify Atomic Websites against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The Client shall have full liability for the consequences of the contents of the printed literature, website or other project commissioned.
The Client’s supplied logos, artwork, graphics and photographs remain the copyright of The Client.
Design, graphics and programming produced by Atomic Websites remain the intellectual property of Atomic Websites until full and final payment has been received, at which time the ownership is then transferred to The Client.
All preliminary work carried out at The Client’s request, whether experimentally or otherwise, shall be charged to The Client.
Atomic Websites withholds the right to refuse publication of any content which it sees as being indecent, obscene or offensive towards others.
Proofs of all printed work may be submitted for The Client’s approval and Atomic Websites shall not be liable for errors not corrected by The Client in such proofs. The Client’s alterations and additional proofs necessitated thereby shall be charged as additional charges.
When style, type or layout is left to the judgement of Atomic Websites, changes therefrom made by The Client shall be charged as additional charges.
No responsibility will be accepted for any errors, including colour variations, in proofs approved by The Client.
Web Site Design
Atomic Websites will produce and publish temporarily on the Atomic Agency web site a design proof for The Client’s approval. The design copyright of the proof shall remain the sole property of Atomic Websites. Use of the design in any respect without the express written permission of Atomic Agency will constitute breach of copyright.
Atomic Websites will complete the design and build of The Client’s web site after receiving confirmation that the design proof is satisfactory.
Atomic Websites will release website code & graphics when payment of the final invoice for the outstanding quotation value is received in full.
Once Atomic Websites has received written 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.
Our consultancy service and general advice is, by it’s nature, subjective. It is up to The Client whether they decide to follow our ideas and suggestions. We cannot guarantee that any of those ideas and suggestions will increase traffic to The Client’s web site, improve ratings with search engines or boost sales.
Domain Name Registration and Website Hosting
Atomic Websites will register domain names in The Client’s name. In doing this, Atomic Websites are acting as The Client’s agent with the appropriate Naming Authority. The contract of registration is between The Client and them and The Client is bound by their terms and conditions (available on request).
Registration is for one year unless otherwise agreed. Although we will do our best to renew the registration for you, it is ultimately your responsibility to make sure this happens, so please keep a note of the date.
Atomic Websites will advise The Client on the most appropriate and cost effective web site hosting package supplied by a third party. The website hosting contract is between The Client and the hosting company and The Client is bound by their terms and conditions (available on request). Atomic Agency may take payment from the client for webhosting services, however it is understood that Atomic Websites accepts no responsibility or liability for the performance of the website hosting company.
The Client takes all risks in connection with the solvency and performance of such third parties and The Client accepts that the third party has sole liability to provide such services.
The Client shall be responsible for effecting all necessary insurance in respect of any loss, damage, or expense that it may suffer directly or indirectly in relation to the provision or non-provision of Atomic Websites goods and services.
Atomic Websites shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default or failure of subcontractor or suppliers or any other cause beyond its reasonable control and Atomic Websites shall not be liable for any loss, damage or expense suffered by The Client or any third party arising directly or indirectly from such matters.
Invoicing, Payment and Tender Validity
Payment for design services must (unless otherwise agreed with Atomic Websites) be made as follows: 50% (or an agreed deposit) with order, plus balance on completion.
Design modifications will be charged at the prevailing hourly rate dependant on type of service required.
Payment shall be made in UK Pounds Sterling to Atomic Websites. Payments are due within 7 days of presentation of invoice, or by return in certain instances (in these case the payment terms will be listed on the invoice). If due to bank charges, transfer fees, or the like, Atomic Websites should receive less than its invoice amount, Atomic Websites will re-invoice The Client for the shortfall.
In the event that any amount remains unpaid 14 days after invoice date, Atomic Websites reserves the right to discontinue, withhold, or suspend services to The Client to whom such unpaid amounts relate.
If it is required that Atomic Websites visit the customer to solely collect payment, an administration fee of £25.00 is charged plus £2 per mile to and from the customer. For example if the customer is 10 miles away, an additional charge of £40 will be charged, plus the £25.00 administration fee, making the collection fee for this example £65.00.
This is still charged on top of any late payment fees in accordance with The Late Payment of Commercial Debts Act 1998 interest will be charged on all payments received outside of payment terms at the rate of 2% above Lloyds Bank plc base rate per day. All charges incurred by Atomic Websites due to late payment or cheques that require representing or fees required to recover debts will be passed onto The Client.
Tenders and Quotes are valid for 30 days from the date of the Tender or Quote. All prices quoted may be subject to change without notice after this period.
Once Atomic Websites has undertaken a commission for services, a cancellation fee of upto 75% will apply if the contract is terminated through no fault of Atomic Websites.
An interim invoice will also be levied for upto 75% of the total quotation value if the commissioned project’s content is not received within 60 days of commission.
Atomic Websites cannot be held liable for any information or images contained within The Client’s web site or printed literature. The content of such remains the copyright and intellectual property and responsibility of The Client.
The Client is liable for any reasonable legal costs incurred by Atomic Websites caused by the content of The Client’s web site or other project and agrees to indemnify Atomic Websites for any awards made by a court of law.
Search engine entry and ranking can in no way be guaranteed as this remains the sole discretion of a third party provider.
No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced.
Where in the instance that a time scale / schedule has been given, Atomic Websites will not be responsible for any money lost to the Client if the deadline is not met.
On completion of any web site it is the sole responsibility of The Client to manage the site. Atomic Websites will no longer be responsible for the site upon completion unless an alternative agreement has been reached.
Should Atomic Websites waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Atomic Websites to waive the same clause on any other occasion.
This contract shall be subject to English Law. Where it is held that Atomic Websites is not entitled to rely on any term in this contract, then Atomic Websites may also be allowed to cancel all rights and obligations under this contract, or to hold all other clauses as valid entirely at their sole discretion.
These terms have been drawn up principally to protect Atomic Websites from bad debts and the compensation culture; we are generally agreeable, understanding and flexible and will be unlikely to strictly enforce these terms and conditions on clients that are also honest, agreeable, understanding and flexible. This apology in no way constitutes a waiver of any of the terms listed above!
These Terms may be amended at any future date; please check back prior to comissioning a project.