Terms and Conditions
Placing any orders with NS Web Design Studio confirms you are in agreement with and bound by the terms and conditions below:
NS Web Design Studio: NSWDS, Web Designer, IT Practitioner / site owner & Affiliates.
Client: The company or individual requesting the services of NS Web Design Studio.
NS Web Design Studio will carry out tasks only where an agreement is provided either by email, telephone or mail fax. NS Web Design Studio will carry out tasks only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between NS Web Design Studio and the client; this includes telephone and email agreements.
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, NS Web Design Studio cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of NS Web Design Studio until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by NS Web Design Studio remain the copyright of NS Web Design Studio and may only be commercially reproduced or resold with the permission of NS Web Design Studio.
NS Web Design Studio cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of NS Web Design Studio and where no charge is made by NS Web Design Studio for such additions, NS Web Design Studio accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to NS Web Design Studio all materials required to completing the site to the agreed standard and within the set deadline.
NS Web Design Studio will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
NS Web Design Studio will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
NS Web Design Studio will not be liable for any costs incurred, compensation or loss of earnings due to the tasks carried out on behalf of the client or any of the clients appointed agents.
NS Web Design Studio will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A non-refundable deposit of 50% is required with all of our projects before any design tasks will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the tasks and paid a deposit they are still obliged to pay for the tasks that has been done. Nonpayment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.
Database, Application and E-Commerce Development
NS Web Design Studio cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by NS Web Design Studio remain the copyright of NS Web Design Studio and may only be commercially reproduced or resold with the permission of NS Web Design Studio.
Where applications or sites are developed on servers not recommended by NS Web Design Studio, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by NS Web Design Studio before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, NS Web Design Studio will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
NS Web Design Studio will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 8 and to an acceptable level with Mozilla browsers. NS Web Design Studio can offer no guarantees of correct function with all browser software.
Whilst NS Web Design Studio uses third-party hosting companies to host websites (shared or dedicated hosting), no guarantees can be made as to the availability or interruption of this service by NS Web Design Studio 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.
NS Web Design Studio 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 the hosting service should the necessity arise.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
We use ‘white hat techniques’ when optimising websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the tasks involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of tasks.
NS Web Design Studio reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts
A deposit is required from any new client before any tasks is carried out. It is the NS Web Design Studio policy that any outstanding accounts for tasks carried out by NS Web Design Studio or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with NS Web Design Studio.
Once a deposit is paid and tasks completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or NS Web Design Studio have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, nonpayment can result in county court judgments (ccj’s) being added to the clients credit rating.
Following consistent nonpayment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Pay monthly websites consist of one initial payment followed by a monthly fee as outlined on your payment plan. The minimum term of this contract is 12 months. Therefore the total to pay on this contract will be your initial payment plus 12 payments of your monthly amount as outlined on your payment plan. The website will be in service i.e. online while the initial payment and monthly payments are being made.
If you cancel your agreement at the end of 12 months, your website files will be removed and deleted 7 days from cancellation. This contract may be cancelled at anytime provided the minimum 12 months of payments have been or are made along with the initial payment. Confirmation of cancellation must be in writing for changes to come into effect.
Cancellations after the minimum contract period must be made one month in advance and will be cancelled one day before the payment date one month after rounded to the next month, for example cancellations made on May 12th will with a payment date of the 1st of the month will make final payment on June 1st and service will cease on June 30th.
All designs by NS Web Design Studio including designed logos as part of your pay monthly plan, excluding; supplied logos or trademarks and other supplied content remain the property of NS Web Design Studio unless otherwise agreed. These designs can be withdrawn at anytime and may be duplicated for use with other clients or designs. Rights to designs may be purchased outright at 150% of the minimum contract amount including initial payment in addition to other client contract costs.
General maintenance, changes and additions to the website are exclusive to NS Web Design Studio and access to all files is prohibited. Maintenance charges are subject to your payment plan.
NS Web Design Studio hosting and email services are supplied by a 3rd party hence NS Web Design Studio no responsibility or offer neither compensation, nor guarantees of uninterrupted service to our clients.
Template site purchases are limited in design to what is already designed or available. Specific requirements or changes to a template design are additional options.
NS Web Design Studio has the right to cancel a contract at any time without any rebate. In such circumstances no further monies will be payable by the client.
Failure to meet payment deadlines may result in discontinuation of service, recovery of owing funds or in extreme cases prosecution for breach of contract. If payment is not received by due date, the client will receive a payment reminder notice along with a £3 per day late payment penalty/administrative charge.
Any design services currently active will be withdrawn until payment is made. Late fee amounts are as per your payment plan. Consistent late payment may result in termination of this agreement including the collection of any remaining funds in full.
Payments may be made by bacs transfer, cheque (allowing 5 days for processing) or by Credit/Debit card.
Any payment dates given are days of receivership, therefore monies must be with us by the said date.
Any work completion dates are estimates only and NS Web Design Studio accept no responsibility or liability in delays of service.
Additional services purchased including changes are due by the next payment date according to your schedule. Additional Services will be charged separately.
Online webmail (email) accounts are subject to a 10MB limit, over or misuse of this facility may result in deletion of files or cancellation of contract.
NS Web Design Studio accepts no reasonability or protection from Virus or Trojan devises meant to harm either your computer or your website. We can offer no guarantee of service with instances of this nature other than the extreme security of all information including passwords and website details. Interference by 3rd parties to the client website will not be compensated by NS Web Design Studio under any grounds including interruption of service other than repair of service as soon as possible at no charge.
Payment Plan prices and all other prices advertised without a valid specific quote are estimates only and may be changed at any time without prior notice. Please ask for specific quotes for required alterations or other work.
Any agreement wishing to make regular payments by credit or debit card will be automatically charged on the payment date as given on your price plan. By signing this agreement and selecting credit/debit cards as your payment method you are authorising NS Web Design Studio to process these monthly transactions. Payment method can be changed at any time with good notice and provided that a payment date is still met. Any declined transactions will be alerted immediately and alternative payment must be sourced immediately.
Website optimisation services are non-guaranteed services, we offer no assurances of page rankings or positions. Payment must be made by the payment date and not per result.
NS Web Design Studio takes no responsibility or accepts no liability in any key phrase selection, chosen by the client and optimised by us. This includes use or request for offensive or illegal terms or materials, terms or materials including company names and registered or copyrighted trademarks. We advise to request no terms or phrases that may fall under any of the above.
Your details will not be used, shared or sold with or to any companies or bodies outside of NS Web Design Studio.
Additional Terms and Conditions
- NS Web Design Studio includes the following elements in their Standard Website Packages:
E-mail/phone consultation (Up to 1hour total general Internet orientation education, marketing strategy and Web design consultation. Additional education and consultation is at our hourly rate.)
Words of text supplied by the client (200 words per page approximate maximum if not supplied flash drive or email. Web pages of more than 1,200 words of text may be subject to additional fees, especially if they require a great deal of formatting.) If client is unable to provide content then content maybe supplied by NS Web Design Studio at an additional fee.
Links to external pages, up to an average of 2 per page.
Photos and other misc. graphic images supplied by client (up to an average of 1.3 included per page in standard websites and "regular" online store pages, in addition to masthead and top-of-page graphic. Colour originals larger than 5" x 8" are extra).
Installation of web pages on the client’s web hosting service.
Minor updates and changes to existing web pages for specified fee, subject to the limits outlined below. Additional changes billed at hourly rate. For online stores, this includes only "regular" pages, not product pages or the ordering system pages.
Site publicity (Basic)
Site Map for internal navigation (Not included in the package price for sites smaller than 6 pages.)
- Standard Website Packages only
In case the client desires additional standard web pages beyond the original number of pages specified above, the client agrees to pay NS Web Design Studio an additional specified fee for each additional webpage. Graphics or photos beyond the allowed average of 1.3 per webpage shall be billed at an additional specified fee each. Where custom graphic work (beyond the scope of the "Custom Graphics Package" detailed above) is requested, it will be billed at the fixed rate specified below. The store size and additional services, and prices of each are detailed on the attached estimate.
- Online stores only
The text and graphic content of the web pages will be supplied by the client and executed as specified by the client in the "webpage Planning Worksheet" dated at a specified date, and the Store Planning Worksheet at a specified date. It is understood that total prices calculated below are likely to vary from the final amount due to different quantities of products, categories, photos, regular pages, etc. in the final store. An Estimate from NS Web Design Studio governs the prices for this contract. Notwithstanding any prices listed in literature or on web pages, the client and NS Web Design Studio agree that the services described above in this section shall be completed for a specified amount and upon this amount the first payment shall be determined. The final payment shall reflect and include all elements actually completed at the prices attached.
- We include e-mail/phone consultation of up to 30 mins total Web design consultation, and helping clients learn to use the store software. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate.)
- Product web pages, products, or photos added after the store is ready for advertising to the Web search engines will be calculated for actual time spent at the hourly rate specified below.
- Maintenance and Hourly Rate
This agreement includes minor webpage maintenance to regular web pages (not store product pages) over a six-month period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the client or an agent other than NS Web Design Studio attempts updating the client’s pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the updating time. The six-month maintenance period commences upon the date the client signs this contract or accepts via email.
- Changes requested by the client beyond those limits will be billed at the hourly rate of £30. This rate shall also govern additional work authorised beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics services.
- Changes to Submitted Text
Please send us your final text. Time required to make substantive changes to client-submitted text after the web pages have been constructed will be additional, billed at the hourly rate.
- Web Hosting and Email
NS Web Design Studio hosting (shared or dedicated) and email services are supplied by a 3rd party hence NS Web Design Studio no responsibility or offer neither compensation, nor guarantees of uninterrupted service to our clients.
- Completion Date
NS Web Design Studio and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than a specified date when fees become payable by client.
- If the client does not supply NS Web Design Studio complete text and graphics content all web pages contracted for within six weeks of contract date, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within two months after contract date, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is advertised.
- Payment of Fees
Fees to NS Web Design Studio are due and payable on the following schedule: 50% upon signing this contract, 50% when the web pages have been constructed according to the client’s original written specifications. If the total amount of this contract is less than £160, the total amount shall be paid upon signing this contract. In case the client has not secured Web space on a web hosting service by the time the web pages are completed, the web pages may be delivered to the client on diskette or attached to an e-mail message. Basic SEO and updating occur only after the final payment is made. All payments will be made in Great Britain Pounds Sterling funds.
- Assignment of Project
NS Web Design Studio reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion.
- Legal Details
NS Web Design Studio does not warrant that the functions contained in these web pages or the Internet website will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will NS Web Design Studio be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if NS Web Design Studio has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- Copyrights and Trademarks
The client represents to NS Web Design Studio and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to NS Web Design Studio for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend NS Web Design Studio and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
- Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend NS Web Design Studio and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.
- Copyright to Web Pages
Copyright to the finished assembled work of web pages produced by NS Web Design Studio is owned by NS Web Design Studio. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. NS Web Design Studio and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
- Payment of fees.
In order for NS Web Design Studio to remain in business, payments must be made promptly. Delinquent bills will be assessed a £3 per day from due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. NS Web Design Studio reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
- Sole Agreement
The agreement contained constitutes the sole agreement between NS. Any additional work not specified in must be authorized by a written change order. All prices specified will be honoured for three (3) months. Continued services after that time will require a new agreement.
- Initial Payment and Refund Policy
This agreement begins with an initial payment specified. If the client halts work and applies by registered letter for a refund within 14 days, to the Director of NS Web Design Studio, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 14 days of contract date.