The following terms and conditions apply to all services provided by Gingerweb Ltd to the Client.

Definitions

The Client: The company or individual requesting the services of Gingerweb Ltd.

Gingerweb Ltd: Primary designer & developer.

The Project: Web design or hosting or other computer-related services being provided to the Client by Gingerweb Ltd

Project Completion: Completion of components outlined in project breakdown.

Launch: Upload to the server or release of materials to the Client.

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.

Agreement

Gingerweb Ltd will carry out work only where an agreement is provided either by email or telephone. An ‘order’ is deemed to be a written or verbal contract between Gingerweb Ltd  and the client, this includes telephone and email agreements.

Please ensure that you read the project design, breakdown, quote and terms & conditions properly and that all details of the work are included, understood and mutually agreed on.

Timeframes

Unless otherwise agreed upon with the client, the timescale for completion of work may vary and can take from 1 to 6 months after approval of design and plan, depending on the scale of the work. Time-frames for the project will be discussed with the client, before the project commences. Gingerweb Ltd will do their best to complete the project as soon as reasonably possible.

Please understand that Gingerweb Ltd cannot simply provide you with a website, you will always need to supply content and this is usually the issue with any delay.

Content

During the project, Gingerweb Ltd will require the Client to provide website content; text, images, movies and/or sound files. Gingerweb Ltd 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 the Client’s work is completed at the time arranged.

This is why we ask that the Client provides 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% of the original quote.

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.

Please 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. Contact us if you need clarification on this.

The Client will always have full access to the Content Management system and with instruction be able to complete most tasks. Anything they are not able to manage we will always help with.

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 and that all photographs and other graphics will be provided digitally ideally using a Cloud format like Dropbox or Onedrive, again we can help you with this.

Web Design

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Gingerweb Ltd 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 Gingerweb Ltd until all outstanding accounts are paid in full, unless provided by the client previously.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Gingerweb Ltd remain the copyright of Gingerweb Ltd and may only be commercially reproduced or resold with the permission of Gingerweb Ltd.

Gingerweb Ltd 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 the brief will be carried out at the discretion of Gingerweb Ltd and where no charge is made by Gingerweb Ltd for such additions, Gingerweb Ltd 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 Gingerweb Ltd all materials required to complete the site to the agreed standard and within the set deadline.

Gingerweb Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Gingerweb Ltd 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.

Gingerweb Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Gingerweb Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its server, software or any material provided by its agents.

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 work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.

Database, Application and E-Commerce Development

Gingerweb Ltd 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.

Where applications or sites are developed on servers not recommended by Gingerweb Ltd, 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 Gingerweb Ltd before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Gingerweb Ltd will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Charges

Charges for services to be provided by Gingerweb Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of thirty (30) days. Gingerweb Ltd reserves the right to alter or decline to provide a quotation after expiry of the thirty (30) days. Prices quoted are only an estimate, and may be subject to change during the process of design and build. This can be caused by the client choosing to amend any aspect of their requirements or any third party costs which occur beyond Gingerweb Ltd’s control.

Any charges incurred by international payments or international bank transfers are not the responsibility of Gingerweb Ltd Therefore, any such charges must be paid, by the client, in addition to the amounts invoiced by Gingerweb Ltd. Consequently, Gingerweb Ltd does not accept ‘shared charges’ for international bank transfers or international payments.

Payment of Accounts

Unless agreed otherwise with the Client, For all projects payment is due when the website or hosting becomes live, unless otherwise arranged.

Any additions or amendments outside of the project breakdown, which are required by the client, will not extend the deadline of the payment of the remaining balance.

Any delays to the estimated project timeframe which are caused by the client, will not extend the deadline of the payment of the remaining balance. Any delays to project completion which are caused by the client, will not extend the deadline of the payment of the remaining balance.

Payment for services is due by bank transfer. Bank details will be made available on invoices.

Invoices will be provided by Gingerweb Ltd upon completion but before publishing the live project. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.

It is the Gingerweb Ltd policy that any outstanding accounts for work carried out by Gingerweb Ltd are required to be paid in full, no later than thirty (30) days from the date of the invoice unless by prior arrangement with Gingerweb Ltd.

Accounts that remain unpaid fourteen (14) 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.

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 Gingerweb Ltd have not been contacted regarding the delay, access to the related website may be denied, work carried out removed and web pages removed, we will then pass such cases to the court to pursue payment, non-payment can result in court judgements being added to the client’s credit rating.

Following consistent non-payment 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.

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 Gingerweb Ltd Web space, Gingerweb Ltd will, at its discretion, remove all such material from its web space. Gingerweb Ltd 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. Clients with accounts in default agree to pay Gingerweb Ltd  reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Gingerweb Ltd in enforcing these Terms and Conditions.

Client Review

Gingerweb Ltd will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall project development is completed, but before upload to a server or release of the materials to the Client. The client must inform Gingerweb Ltd of any amendments required within 7 days of design completion and within 7 days project development completion. At the completion of the project, such materials will be deemed to be accepted and approved.

Additional Work and Expenses

If the client would like design mock-ups of their project before the project commences, this service can be provided for an additional cost.

Please confirm immediately if any changes need to be made to the project breakdown and quote given. Any changes made after approval of the quote, including designs and any other material will incur a further charge.

Any additional work required by the Client on a previously completed project, will be considered as a separate project and will therefore incur charges of its own.

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

Web Browsers

Gingerweb Ltd 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. Mozilla Firefox, Microsoft Edge, Google Chrome, etc.). Client agrees that Gingerweb Ltd cannot guarantee correct functionality with all browser software across different operating systems.

Gingerweb Ltd 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, Gingerweb Ltd 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.

Passing of Rights

Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Contract.

No such rights as described in above will pass until all amounts due to us from you are paid. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.

The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.

Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership.

Design Credit

A link to Gingerweb Ltd 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 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £200 will be applied. The Client also agrees that the website developed for the Client may be presented in Gingerweb Ltd’s portfolio and other marketing material.

Access Requirements

Gingerweb Ltd will only consider working on sites that are hosted on our own secure server and as such will always have access to the website content.

Post-Placement Alterations

Gingerweb Ltd 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.

Domain Names, Website Hosting & Other Subscription Services

Gingerweb Ltd may purchase domain names on behalf of the client these will be renewed and updated annually by Gingerweb Ltd.

Domains registered on behalf of a Client that are full paid for remain the property of The Client, if a payment is not made for a domain renewal the ownership of that domain within time limits as above that domain/s becomes the property of Gingerweb Ltd.

Any domain that is registered on the Gingerweb Ltd registrar may incur a transfer fee of a maximum of £15 if the Client wants to take control of the domain. This is generally only charged to the Client if it is charged to Gingerweb Ltd

Privacy Policy

Please read our full Privacy Policy for more information.

Abuse

We may limit or deny your access to support or terminate services if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or services, or abuse of Gingerweb Ltd team members.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice.

An email requesting formal termination must be received by Gingerweb Ltd.

If the client has paid in advance, no refunds will be issued for the project work which has already been completed to the date of the first notice of cancellation or termination.

Termination of services by the Client, may also incur additional charges, such as: the cost of transferring website hosting, domain names or other services away from Gingerweb Ltd, to another provider.

Refunds on hosting packages that are over 6 months into their calendar year will not be considered. Accounts that are less than 6 months old may allow refunds at the discretion of Gingerweb Ltd on a full monthly pro-rata basis. The cost of the annual security certificate is for 12 months and no part of this will be refunded

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.

Governing Law

This Agreement shall be governed by English Law.

Liability

Gingerweb Ltd 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 Gingerweb Ltd 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.

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 provision.

Gingerweb Ltd