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Joules A Taylor

JAT Designs - Basics and Terms and Conditions

Basics


I've been creating websites using HTML since 1996 - by hand: I do not and will not use web-editing software. Sites I design these days are Disability Discrimination Act-compliant to at least W3C Level 1, and older sites are gradually being upgraded to meet the same standard. The sites are coded using Cascading Style Sheets and HyperText Markup Language, and a little javascript where appropriate.

My charges are modest - but then, so are the sites I design! I don't use Flash: any animations are small, light on memory, and personally created. Reduced charges apply for charities and non-profit organisations.

I offer a full service, from checking that the domain name required hasn't already been used, registering domain and webspace, designing the site to your specifications (within limits, see elsewhere on this page or contact me), uploading to the webspace and submitting to search engines.

I'm also more than happy to maintain your site for you afterwards. I charge per hour or part thereof, pro rata, invoices sent quarterly (30 day terms). Third party charges - for website hosting, additional site-related applications such as password protection, etc - require payment in advance.



Terms and conditions


These terms and conditions are intended for business clients; please contact us if you wish to engage our services for a personal website.

These terms and conditions apply to the creation and development of websites, and also to services relating to third parties such as domain name registration and website hosting companies.

We reserve the right to change these terms and conditions at any time.

The JAT website service is operated by JAT who can be contacted in the UK at 59 Hampstead Road, Bristol, BS4 3HW.



Website services


New websites and major rebuilds will be hosted by JAT and available for the client to view and test before it 'goes live' under its own domain name.

Errors (such as spelling mistakes or faulty navigation) that are solely our fault will be corrected free of charge if they are reported within thirty days of the client being able to view them, and provided that we are maintaining the website at the time we receive notification.

Once the work has been completed, an invoice will be raised and payment is due in accordance with our payment terms.

JAT will endeavour to ensure that any developed/designed site will function correctly when viewed with current browsing versions of Firefox, Internet Explorer, Netscape, Chrome and Opera. JAT can offer no guarantees of correct function with all browser software or future compatability.

The website, including programming code and graphics supplied by JAT, remains the property of JAT until all invoices are settled in full. Upon settlement of the account the client is granted non-exclusive use of design features and coding, and exclusive use of graphics supplied by JAT.



Conditions of service


To purchase services from JAT you must be at least eighteen years old.

A non-refundable deposit is normally required from any new client before any work is carried out.

Payment for third party services (such as website hosting) is normally requested in advance.

JAT reserves the right to place a notice discretely stating that JAT designed and or maintains the website. This notice may include a small version of JAT's logo.

JAT reserves the right to publish a static image of a page of the website to promote our service to potential clients.

JAT reserves the right to cancel this contract at any time without explanation or compensation, returning all materials supplied and returning any fees paid (less expenses directly incurred in registration of a website name and hosting).



Third parties


Whilst JAT recommends website hosting companies, which are independent third parties, no guarantees can be made as to the availability of their service, and JAT 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.

New website design services include the provision of a website name (domain name) chosen by the client, which is registered with the appropriate registration authority (for example Nominet) in the name of the client and for the client's exclusive use. This establishes a contract between the authority and the client subject to the authority's own terms and conditions (those of Nominet, for example, may be found at www.nominet.org.uk).

Where clients use a third party product or service (e.g. PayPal for e-commerce) then their relationship is exclusively with the supplier of that product. Although JAT may introduce these products and services, it is entirely up to the client to inform themselves both as to benefits and risks and to correct usage.



Fees


New designs or major rebuilds of existing sites, may be priced as either a fixed fee or hourly rate (agreed in advance), at the sole discretion of JAT.

Our standard rate is £30 per hour, and we currently offer a 50% discount for charities and other not-for-profit organisations. Some artistic or ethical business ventures may qualify for a discounted introductory rate, available at our discretion.

Development and maintenance costs are calculated at an hourly rate (agreed in advance), and are billed quarterly. Quarters consist of three full calendar months commencing on the 1st day of January, April, July, and October.

Low maintenance websites are subject to a £10 surcharge in each quarter that JAT's fees amount to less than £10.

If the client is paying a fixed fee, and opts to cancels the service prior to completion, a cancellation fee will be charged. The fee will be based on a fair and reasonable assessment of the work already done, expressed as a proportion of the work originally quoted for. If the cancellation fee is smaller than the deposit received, then the balance will be returned to the client within thirty days.




Payment of accounts


All payments must be in £ pounds sterling (Great Britain Pounds - GBP).

Payments are accepted via BACS (Bank Automated Clearing System) or cheque.

Invoices are normally sent by email although a postal service is available upon request. JAT shall not be liable to you for any loss or claim arising from your failure to provide us with accurate and/or up to date contact details.

Credit terms: payment in full is required to be made no later than thirty days from the date of the invoice.

If we are not paid according to agreed credit terms, JAT will exercise its statutory right to claim interest and compensation for debt recovery costs under late payment legislation. At the same time, JAT will cease to service the website until payment is received.

If overdue accounts are not settled in full (including interest and compensation) within sixty days of the date of the invoice that became overdue, JAT reserves the right to replace the main page of the website with a 'site temporarily suspended' notice. All subsequent pages will be made inaccessible until the account is settled in full. At the same time we may pass such cases to legal consultation for debt recovery.



Limitations of liability


Neither party shall be held liable for any breach of these terms and conditions that is caused by a matter beyond its reasonable control.

JAT shall not be responsibility for any copyright infringements caused by materials submitted by the client, which may have been accepted in good faith on the assumption that the client has the right to authorise their use. The client indemnifies JAT against any action resulting from their failure in this matter.

JAT reserves the right to refuse to handle any material that in our opinion may be deemed offensive, illegal or controversial. Moreover, JAT cannot accept any legal responsibility for using any such material supplied by the client, and the client indemnifies us against any action resulting from any failure on their part in this matter.

Whilst every endeavour will be made to ensure that our service is delivered on time and free of errors, JAT cannot accept responsibility for any losses incurred due to delay or the malfunction of the website or any part of it.

JAT shall not be liable for any failure to register or delay in renewing any domain name which results in the loss of the domain name. Clients are advised that registration is ultimately their responsibility and that they can check status of any domain name through www.nominet.org.uk or via www.whois.net as appropriate.

Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this agreement or operation of the service. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.



Complaints procedures


Any client experiencing a problem with their service provided by JAT should raise the matter directly with us by email, giving sufficient information to locate the material (such as a webpage address) and clearly outlining the grounds for complaint. Whereupon JAT will endeavour promptly to resolve the matter to the satisfaction of the complainant.

However, should the above procedure prove ineffective, or the client feels their complaint is too serious to be dealt by that method, a formal complaint should be made in writing by post to JAT, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within thirty days and any subsequent remedy implemented with the minimum of delay.



Acceptance, jurisdiction and severability


By placing an order with JAT you confirm that you accept these terms and conditions which thereby form an agreement that is deemed to be made in England and is subject to English law and the exclusive jurisdiction of the English courts.

In the event any one or more of the provisions of these terms and conditions shall be held to be invalid, illegal or unenforceable, the remaining provisions shall be unimpaired and this agreement shall not be void for this reason alone.