Terms & Conditions for Development and Hosting Services by Web Optic Limited

Last updated: 1st August 2024

1. Definitions

This agreement is between the Client (you) and the Developer (Web Optic LTD). These terms govern the services provided by Web Optic, including web design, development, and hosting.

2. Acceptance of Work

  • Quotes are valid for 30 days.
  • A contract is formed when the Client accepts the Developer's proposal via digital signature.
  • Any additional services not specified in the proposal are not included.
  • The Developer reserves the right to withdraw a contract prior to acceptance.
  • Additional work not included in the proposal is subject to an amended timeline and pricing.
  • The Client agrees to provide necessary content and information to the Developer on time for successful project completion.

3. Permission and Copyright

  • The Client owns the final web designs, images, and code only after full payment, unless otherwise agreed.
  • The resale or distribution of completed files is prohibited without written consent from the Developer.
  • The Client ensures all media provided to the Developer is owned or properly licensed.
  • The Developer may include credits and links in code, which can be removed at the Client's request.
  • The Developer retains the right to showcase completed work in their portfolio.

4. Content and Material

The Developer reserves the right to refuse media that:

  • Is illegal or inappropriate.
  • Contains viruses or harmful programs.
  • Promotes harassment, violence, or obscenity.
  • Infringes privacy or copyright.

5. Domain Names and Hosting

  • The Developer may offer domain registration and hosting but is not obligated to do so.
  • The Client is responsible for ensuring they have the right to use their chosen domain name.
  • The Client must comply with third-party terms for domain and hosting services.
  • Payment for domain and hosting services must be made immediately upon invoice.
  • Failure to pay may result in service suspension.

6. Website Hosting Plans

  • The Developer offers website hosting on a UK-dedicated server for smaller websites and provides VPS (Virtual Private Server) solutions for larger or more resource-intensive websites.
  • Hosting on the UK-dedicated server includes basic support, routine maintenance, and monitoring.
  • VPS solutions are customised and managed by the Developer, offering scalability for growing websites.
  • Pricing may be subject to change, especially for VPS servers, depending on the website's growth and the server resources required. Any changes will be communicated in advance and adjusted based on the Client's needs.
  • The Client agrees to provide timely responses for any requests regarding server changes, upgrades, or adjustments needed to maintain optimal website performance.

7. Shopify E-commerce Development

  • The Developer uses Shopify as the preferred platform for e-commerce websites.
  • The Client agrees to comply with Shopify’s terms and conditions, which govern the use of the platform.
  • Any costs associated with Shopify plans, themes, or plugins are the Client’s responsibility unless otherwise specified in the proposal.
  • Shopify integrations, including third-party apps or payment gateways, are subject to separate agreements with those providers, and the Developer holds no liability for their functionality or performance.
  • The Developer will assist with the setup, design, and configuration of Shopify stores but is not responsible for Shopify-related outages, downtime, or third-party app malfunctions.
  • The Client agrees that once the Shopify store is live, any future customizations or third-party app integration work not covered in the original proposal will be quoted separately.

8. Content Management System (CMS)

  • The Developer licenses the Client to use the CMS only for the specific website it was developed for.
  • The CMS may not be resold, redistributed, or transferred without written consent.
  • The Client must inform the Developer if the website is transferred to another provider.

9. Accessibility and Web Standards

  • The Developer ensures compliance with WAI accessibility standards and W3C CSS standards at the time of sale.
  • Future updates to standards or client modifications may require additional work, quoted separately.

10. Payment Terms

  • All quotes exclude VAT.
  • Invoices must be paid within 7 days.
  • The Developer may suspend work or services if payments are outstanding.

11. Liabilities and Warranty Disclaimer

  • The Developer is not liable for issues with open-source software (e.g., WordPress, Drupal) or Shopify’s performance.
  • The Developer is not responsible for service delays or failures due to events beyond their control, including software or hardware failures.
  • The Developer is not liable for financial losses resulting from service provision.

12. Indemnification

The Client agrees to indemnify the Developer against any claims, liabilities, or losses arising from the Client’s use of services, including domain names, hosting services, Shopify stores, and content.

13. Nondisclosure

Both parties agree to confidentiality regarding any sensitive information shared during the project, unless otherwise directed.

14. Privacy Policy

The Developer will use the Client’s information in accordance with the Data Protection Act 1998, including for communication and marketing purposes.

15. Termination and Interpretation

  • The Developer may terminate the contract if the Client breaches these terms.
  • English law governs this agreement.

16. Statutory Rights

These terms do not affect your statutory rights as a consumer.

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