Web Design & Development - Terms and Conditons

The payment:
The cost of the development is negotiated between clients and Flick Media. And Will be taken from the client in different stages of the development. Any design revision will allow client 3 days normally to provide design feedback.  The performance check after the design conversion will allow client 5 days to provide feedback for any changes, if client do not provide feedback within 7 days of the demonstration, FM will presume that, the development was no obligation and is ready to upload. A second payment will be demanded and need to be paid, once the payment is received the website will be uploaded into the FTP. Once the installments are paid and the total is paid, FM will provide the details of the website including domain and hosting will be handed out to the client officially. Client may pay the total at a time and get the details prior to the time.

Development Stages and Delivery:
FM will only start the development once the agreed deposit is received and contract signed and dated. It is client’s responsibility to guide developer about the look and feel they want as individual have different prospective and choices. FM will provide up to 3 design revision to the client to be able to finalize the designed template at no extra charge. Any revision beyond 3 times will be chargeable at £75.00 per revision. Once the design has been approved, an email from the client is required mentioning the design approval. FM will convert the design to functional web format only after the approval email from the client received. A demonstration of the web format will be provided to the client. In second demonstration, client would be able to see the website in performance. The second payment will be due at this point. The final feedback will be accepted along with the second payment. The client feedback will be taken care of as appropriate and with accordance to the development in an electronic format via email or in CD/DVD. The final delivery of the site will be made after fulfilling all the legitimate requirements.  The website will be delivered online by uploading the website in to the FTP. The final payment needs to be made at that point.  

Warranty:
Any development undertaken by FM will have a service warranty of 30 days after the final delivery. The warranty includes small adjustments, functional problems & repair, moderate changes in the content (maximum of 5 pages, except E-Commerce websites), error reporting, Training and support where appropriate. FM declares that, FM have the ability to deliver the CLIENT with the requirements on which the agreement is bounded, therefore, if any part of the development do not function within the period of warranty, FM without any obligation will agree to repair the affected part of the development.  Any error report or changes will be chargeable at an hourly rate of £20.00/hour if not bounded by a maintenance contract. 

Timeline of the Development and Payment schedule:
The development would require  an agreed time line from the date of deposit received. FM will demonstrate the first design within  7 days from the date of deposit received. Client must provide the design feedback and instructions in writing or by email within 3 days from the design demonstration if any changes to take place or not. Any delay in providing feedback may also delay the delivery of the project, where FM will not be liable.  

Flick Media provides all projects completion dates based on the previous experience and on estimation. Flick Media will make every effort to meet the completion date, however, do not guarantee or bound to complete the project by the given date. The expected completion date which is provided by any employee of Flick Media is purely a timely estimate.

In such an event, where FM is unable to deliver the site or the demonstration, the client will be notified in advance in email the reason of delay and when it will be delivered. However, a maximum of 14 days delay in delivery need to be acceptable by client.

Content & Graphical Materials:
All the contextual and graphical materials provided by client must follow the copyright law. FM will not be liable for any enforcement by third party for such contents provided by clients after the initial period of warranty. FM may use test data and material to demonstrate website functions before uploading or during the website delivery, however, client on their own responsibility need to check for the copyright compliance for each materials and remove all test data. FM may need to provide graphical contents during the design; however, the materials will be royalty free and should have no obligation to use in the main website pages.

After the handover of ownership, it is your responsibility to check and maintain if your website contains any copyright or licensed images, pictures or such licensed or copyright materials. FM is not liable for any copyright violation during the design, testing and go live stage, including images provided by yourself and the in-house and 3rd party developer.

Termination of Agreement & Refund Policy:
The customer at his/her sole decision may terminate the agreement. If the termination notice is received in writing within 7 days from the date of deposit received, the development will be stopped immediately. However, 50% of the deposit will be kept as cost of service. If termination notice is received later than 7 days and between the design demonstrations, the deposit will not be refunded. However the development will be stopped and the unfinished or raw work can be provided to the client if required. Any termination notice after the design demonstration will stop further development, however the payment in full need to be paid.

FM may terminate the contract if client demands unlawful elements during the development or if client demands beyond agreed or being bullied by the client or any king of harassment both financially and technically by the client. FM believes that, every problem can be solved with proper discussion and documentation. Therefore, all the requirement and instruction from the client must be in electronic format (email or word document). FM may not accept verbal instruction.  Any refund should follow the above-mentioned principle.

Ownership:
All property of the website belongs to FM until the payment is cleared for licensed packages.  Once the payment is cleared, the website is handed over to the client with all the rights. All the contents provided by the client have the rights to retain them if service is not terminated unexpectedly or under enforcement.  FM uses the branding in all developments and lists in FM Portfolio. If client do not wish to display our branding, a fee of £150 is applicable to remove the branding.

Service & Maintenance (2.0):
Website service and maintenance are subject to service and maintenance agreement. FM will not provide any support beyond the period of warranty if not bounded by service and maintenance contract. The service and maintenance are subject to service plan chosen by the client. FM is liable to make the designated changes agreed per month. If there are no such changes need to be made for a month or several months, the regular payment must be made for the contractual period.  The regular maintenance does not include design changes or template modification. However, FM may provide service on a billing per update basis if agreed by the client those who are not bounded by a service contract and the changes, which are not covered by the service and maintenance agreement. The fixed general update charge would be a minimum of £50.00 per change and need to be paid in advance. The client must provide all instructions and contents by emails or in electronic format with proper instructions of the change. Any scanning or typing or word processing will be chargeable at an hourly rate of £20.00/Hour.

Security of the Website is the client’s responsibility. Virus and malicious software attack, hacking, data loss, site disappearance is a phenomenon cannot be predicted in advance, therefore FM will not be held responsible for such an event. FM will provide support in such an event if bounded by a valid service and maintenance agreement and for the hosted packages. However, the last kept backup will be uploaded to minimize the damage.

If you do not renew your domain and or hosting services on time then FM will not be liable for any service and or loss of your website data. Unless you have any prior maintenance agreement with FM, we will not keep any back up copy of your website after the handover period. Up to 30 days, the hosting services provider may keep a backup of your website and will release them once the due amount and any penalty fees are paid for. After 30 days all data will be terminated and lost and cannot be recovered.

Control Panel & FTP:
FM will provide all Control Panel login details and the FTP access details to the client for safe keeping once the payment is cleared. The website may be encrypted and restricted to the designated URL only. The renewal of the Domain and Hosting is client’s responsibility. FM will notify the renewal dated for the Domain and Hosting if purchased from Flick Host or provided by FM as part of agreement. The domain and hosting is renewable and the renewal amount needed must be paid by the client when incur. If client do not renew the domain and hosting, the website may be suspend by the service provider. In such an event, FM will not be held responsible for website disappearance. Recovery of the website needs a service charge of £25.00 (need to be paid in advance) and the domain and/or hosting renewal must be made to recover the site within the period of provision of the service provider.

Search Engine Submission & Optimization:
Search Engine Submission & Optimization is a different service which needs to be subscribed separately. However, FM offers submission and promotional optimization for some packages for a limited period exclusively and for some packages in hosted services.

Third Party Expenses:
Third party expenses such as SSL certification, Domain & Hosting (for licensed packages), Merchant account fee, third party website and application fee such as EBay, Amazon, Gum tree, PayPal, Google PPC etc are not included in any service of FM. The client maintains third party expenses. FM may offer assistance only if client authorizes FM to maintain those expenses on behalf of them and the amount required to maintain the service is paid in advance to FM. 

Missing Payments:
FM have a high value for its clients. A single missing payment may be an incident, therefore, FM will allow client 7 days period before suspending the service in case of a missing payment. A demand note will be issued once the payment is missed for the client to take immediate action to pay the due amount. If no action is taken within the period of 7 days, FM will suspend the service until the payment is received. If client do not take any action to make the payment, FM may stop the service permanently and issue enforcement to recover the total contractual amount outstanding. However, resuming the service once suspended may incur a fee of £25.00 within the provisional period of 30 days of the missing payment.

Communication:
Client must produce all instructions and notes for the website in electronic writing format as email and word files (attached in email). All support related issues must be emailed to Flick Media at the designated email address form clients' registered email address with Flick Media. It is the Client's responsibility to inform us of any change in E-mail address. We may not accept any work related instruction over the phone or in conversation. If work or change instruction is not provided in the above medium, Flick Media will not be liable in any case of changes and losses in business and development time.

Throughout the entire project development, it is client's responsibility to keep correspondence and replies to Flick Media's correspondence on time. If client do not contact Flick Media or respond to any of Flick Media's attempts for 3 weeks, Flick Media will send up to 4 emails before terminate the project. The deposit and any other development cost will not be refunded in any case. If client returns at a later stage and wishes to continue with the project, it must be re negotiated with Flick Media and will charge minimum of £50.00 or more based on the situation and elapsed time from the day of termination.

Declaration:
I as a client fully understand and agree the terms and conditions mentioned in the agreement and also declare that, I will respect the contract. All the information about the business, which I provided, is true. I agree to pay the development cost as specified in the page 1 and in Authorization of Engagement.