Terms and Conditions

The following terms and conditions apply to all website development / design services provided by Tweed Solutions to the Client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by Tweed Solutions are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Tweed Solutions reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance (non-refundable) deposit payment of fifty (50) percent of the project quotation total before the work is undertaken for the Client. The remaining fifty (50) percent of the project quotation total is due upon completion of the work.

Website design / development is based on a rate of £55 per hour (minimum 1 hr charge).

Payment for services is due by cheque or bank transfer. Cheques should be made payable to Tweed Solutions and sent to Tweed Solutions, 16 Berrymoss Court, Kelso, Scottish Borders, TD5 7NP. Bank details will be made available on invoices.

3. Client Review

Tweed Solutions will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Tweed Solutions otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

Tweed Solutions will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Tweed Solutions receiving initial payment, unless a delay is specifically requested by the Client and agreed by Tweed Solutions.

In return, the Client agrees to delegate a single individual as a primary contact to aid Tweed Solutions with progressing the commission in a satisfactory and expedient manner.

During the project, Tweed Solutions will require the Client to provide website content; text, images, movies and sound files

5. Failure To Provide Required Website Content

Tweed Solutions is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Please contact us if you need clarification on this.

Using our content management system you are able to keep your content up to date yourself.

6. Payment

Invoices will be provided by Tweed Solutions upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due within 14 days upon issue date. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

If any payment becomes overdue, Tweed Solutions reserves the right to immediately Remove the Client’s Website from viewing on the Internet and to suspend all other work until payment of all outstanding charges and interest, if applicable, is made. Such removal or withholding does not relieve the Client of his or her obligation to pay any outstanding Charges and Interest. If such a suspension is imposed, the Client will be liable for a “reconnection” charge of £55.

Invoices will be generated and sent out approximately 60 days before their due date.

7. Additional Expenses

Client agrees to reimburse Tweed Solutions for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

8. Web Browsers

Tweed Solutions makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). The Client agrees that Tweed Solutions cannot guarantee correct functionality with all browser software across different operating systems.

Tweed Solutions cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Tweed Solutions reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Tweed Solutions's Web space, Tweed Solutions will, at its discretion, remove all such material from its web space. Tweed Solutions is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Tweed Solutions reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Tweed Solutions in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity

All Tweed Solutions services may be used for lawful purposes only. You agree to indemnify and hold Tweed Solutions harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Tweed Solutions the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Tweed Solutions permission and rights for use of the same and agrees to indemnify and hold harmless Tweed Solutions from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Tweed Solutions that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, memory stick 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, .png or .tiff format. Although every reasonable attempt shall be made by Tweed Solutions to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.

14. Design Credit

A link to Tweed Solutions will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 15% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in Tweed Solutions portfolio.

15. Access Requirements

If the Client's website is to be installed on a third-party server, Tweed Solutions must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

16. Post-Placement Alterations

Tweed Solutions cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names

Tweed Solutions may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Tweed Solutions. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. Hosting

Whilst Tweed Solutions recommends which hosting to host websites, no guarantees can be made as to the availability or interruption of this service by Tweed Solutions. Tweed Solutions cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Tweed Solutions reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise.

19. Bandwidth Utilisation

Tweed Solutions reserves the right to monitor the Client’s bandwidth usage. If the Client’s bandwidth usage exceeds 1000mb in one calendar month, the Clients hosting package will be automatically upgraded to the next level (currently £218 per annum for 2Gb as opposed to £168 per annum for up to 1Gb. £268 per annum for 3Gb, £318 per annum for 4Gb, £368 per annum for 5Gb. Additional hosting packages are available upon request). Any upgrade will be subject to current terms and conditions.

20. Disk Storage Space

Tweed Solutions reserves the right to monitor the Client’s disk storage space usage. If the Client’s disk storage usage exceeds 1Gb, the Clients hosting package will be automatically upgraded to the next level (currently £218 per annum for 2Gb as opposed to £168 per annum for up to 1Gb. £268 per annum for 3Gb, £318 per annum for 4Gb, £368 per annum for 5Gb. Additional hosting packages are available upon request). Any upgrade will be subject to current terms and conditions.

21. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

22. Governing Law

This Agreement shall be governed by Scottish Law.

23. Liability

Tweed Solutions hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Tweed Solutions to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

24. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,

25. Website Maintenance

Does the monthly support time rollover? Like a regular retainer, the monthly time is there for you every month to reserve your place in our queue and our resources, therefore it does not rollover. You can however, take comfort in the fact that your request will be addressed with immediate attention.

What happens if my website goes down, is hacked, breaks, etc? The whole purpose of a website maintenance plan is preventative care, so we work hard to prevent anything from happening. However, in the case something does happen and your website needs emergency care, we will be there right by your side communicating with the web hosting company on your behalf. We cannot promise your website will not be hacked but can promise we will do everything in our power to prevent it, as well as assist in the restoration and cleanup of the website with one of the backups.

Can I really cancel at any time? Absolutely. We’re all about building a valuable relationship with you and your website, so we would hate to see you go but we know financial needs weigh on many decisions and don’t want to lock anyone in. If a website maintenance plan is canceled or the monthly payment is not made, your maintenance plan will cease and you will be switched over to an hourly payment method from then on.

26. Third-Party Services

The Client acknowledges that the Services may rely on third-party providers, including web hosting companies, domain registrars, email providers, SSL certificate providers, payment gateways and software vendors. The Supplier is not responsible for the performance, availability or continued operation of any third-party services.

27. Hosting

Where the Supplier manages hosting on the Client's behalf, the Supplier acts as an intermediary unless expressly agreed otherwise in writing. The Supplier does not own or operate the hosting infrastructure and cannot guarantee uninterrupted service or uptime.

28. Domain Names

Where reasonably possible, domain names will be registered in the Client's name. The Client is responsible for ensuring that domain renewal fees are paid when due unless renewal is included within an agreed maintenance plan.

29. Website Ownership

Upon receipt of full payment, the Client owns the website content and any bespoke development created specifically for the Client, subject to any third-party software licences. The Supplier retains ownership of any proprietary tools, templates, frameworks or reusable code unless otherwise agreed.

30. Backups

Where included within the agreed Services, the Supplier will use reasonable endeavours to maintain website backups. Backups are provided as a safeguard but cannot be guaranteed. The Client remains responsible for retaining copies of any critical business data.

31. Maintenance Services

Maintenance may include software updates, plugin updates, theme updates, security monitoring, backups and minor content changes as agreed. Requests outside the agreed maintenance scope may be quoted separately.

32. Emergency Recovery

If a third-party hosting provider suffers a service interruption, insolvency or other failure, the Supplier will use reasonable endeavours to restore the website using available backups and migrate services to an alternative provider where reasonably practicable. Additional work outside the agreed maintenance plan may be chargeable.

33. Security

The Supplier will take reasonable precautions to maintain website security but cannot guarantee that any website will be free from hacking, malware, viruses, denial-of-service attacks or other cyber incidents.

34. Software Updates

The Supplier will use reasonable endeavours to keep supported software up to date. The Client acknowledges that updates supplied by third-party developers may occasionally introduce compatibility issues or require additional remedial work.

35. Client Responsibilities

The Client agrees to:

* provide accurate information and required access credentials;
* keep usernames and passwords secure;
* obtain the necessary rights to all content supplied;
* notify the Supplier promptly of any suspected security incident or website issue;
* review and approve completed work within a reasonable time.

36. Payment

Invoices are payable within the agreed payment terms. The Supplier reserves the right to suspend maintenance or support services where invoices remain unpaid after the due date.

37. Suspension of Services

Where services are suspended due to non-payment, the Supplier shall not be liable for any resulting interruption, downtime or loss of business.

38. Limitation of Liability

To the fullest extent permitted by law, the Supplier's total liability arising from the Services shall not exceed the total fees paid by the Client during the twelve months preceding the event giving rise to the claim.

The Supplier shall not be liable for indirect or consequential losses including, but not limited to:

* loss of profits;
* loss of revenue;
* loss of business opportunities;
* loss of goodwill;
* loss of anticipated savings;
* loss of data arising from third-party failures.

Nothing in these Terms excludes or limits liability that cannot legally be excluded under applicable law.

39. Force Majeure

The Supplier shall not be liable for any failure or delay caused by circumstances beyond their reasonable control, including internet outages, cyber attacks, failures of third-party providers, industrial action, natural disasters or acts of government.

40. Termination

Either party may terminate ongoing services by giving the agreed notice period. Upon termination, and subject to payment of all outstanding invoices, the Supplier will provide reasonable assistance to transfer the website and associated files to the Client or a new provider. Migration work beyond the supply of website files and available backups may be chargeable.

41. Intellectual Property

Unless otherwise agreed in writing, the Supplier retains ownership of any proprietary processes, reusable code libraries, design assets and development tools used in providing the Services.

42. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales (or Scotland, if applicable), and the parties submit to the exclusive jurisdiction of the courts of that jurisdiction.