1. The contract (Verbal, Email or Written) between Agnetia Web Design (AWD) / Agnetia and the Client will be on these terms
and conditions. All work is carried out by AWD on the understanding that the Client has
agreed to AWD’s terms and conditions whether verbally or written. The client agrees to these terms from
commencement of initial contact and discussions, including agreement to begin work with
or without payment.
2. We don’t hide behind the telephone- you are welcome to call us! But we do normally
prefer to use email as the method of contact with regard to communication, especially
when your design is in progress. Our clients are able to view their designs in live mode and
we have a lot of contact throughout the design period- and we just work better with email!
It is vital that the Client should inform us of any change in their email, thanks.
3. AWD will only commence work on a Project after receipt of a non refundable, 50% deposit
of the quoted Project fee from the Client, unless an exception is made. AWD will require the
remaining 50% before the pages go live. Full publication of the Web Pages may take place
only after full payment has been received. Exceptions can be made. If full payment is not
received, AWS has rights to all media, works, copyrights, content, postings, creations and
has a right to re-use them, remove them, or delete them. Any outstanding invoice, that has
to be collected can result in legal and other fees, that the client is soley responsible to pay
in full. *
4. The deposit paid to AWD covers partial cost of design work carried out, Domain name, and
Hosting as well as any admin work. The deposit & services are non refundable, sorry. Client
is responsible to pay hosting charges.
5. The Client is expected to provide all content for the website, unless otherwise agreed
upon. This will include all text, images (AWD can purchase these if required, or produce
them if the client pays or it is included in the package), and all links to other outbound
(appropriate) web sites. We can have your content proof read if required- at an additional
cost, although obvious mistakes will be corrected with your permission.
6. AWD shall expect the Client to carry out sufficient research before proceeding with a
website. This will include checking that the website/ idea/ business will operate legally.
7. It is important for the Client to keep in contact with AWD throughout the entire Project.
Projects are available for constant live viewings so it is important for the client to keep us
updated, on a daily basis, especially where changes are needed! We also aim to have your
website up and running in the time specified so please stay in touch with us!
8. The Customer agrees that changes required over and above the estimated work, or
required to be carried out after acceptance of the draft design will be liable to a separate
charge. If for example you give us the go ahead on a design you love- but then change your
mind at about the design(s) we will need to charge you accordingly. Design changes are
9. Since AWD use a Hosting company to host our clients sites, AWD does not guarantee
that the website Hosting will be available at all times, especially in the event of a technical
failure beyond our control. PLEASE bear in mind our present hosting company guarantee
99.9- 100% up time, we’ve been using them for 3 years without a hitch!
10. AWD cannot be held responsible for anything adversely affecting the Client’s business
operation, sales, or profitability that might be claimed is a result of a service offered by
11. Where asked to provide Search Engine Optimization for a Client, AWD cannot guarantee
100% any specific placement or high ranking on search engines. Although we will use our
knowledge and expertise to do our utmost to get you there! No company can promise you
that, we will work hard to get you placed. Clients are responsible for all SEO fees/charges.
12. AWD is not responsible for the Clients’ on-going web site promotion. Should the Client
require the web site to have ongoing promotion a separate contract must be agreed.
Although AWD will do everything we can, AWD make no guarantees about the success of
any Search Engine Ranking/ activity because this is ultimately controlled by the Search
13. It is the Client’s responsibility to check with AWD whether Open Source Software is
being used or not. The Client shall not be charged for Open Source Software. If there is a
charge for a website using Open Source Software, the Client is paying for the actual
content, text, images, links and installation time. Open Source Software is not owned by
AWD or the Client.
15. All images displayed on the Client’s website are the sole responsibility of the Client
regarding usage and copyright (unless owned by another entity). Should any legal issues or
claims arise from the content or copyright of any images supplied by the Client or AWD, the
Client will be the sole responsibility legal actions. *Images provided by Agnetia or BTS MEDIA have other Copyright Licenses / Terms / Usage Requirements See http://btsmedia.agnetia.net/copyright-notice-terms/
16. Domain names will be registered by AWD but transfered to the Clients current address,
and in the Clients name, once the final invoice has been settled.
17. AWD hosting company will contact the Client when the Domain (www.) is due for
renewal (normally every 2 years). If a domain name expires, AWD cannot be held liable for
this. However, AWD will make every reasonable effort to contact the Client regarding
Domain renewal and payment.
18. AWD hosting company will contact the Client when the Hosting is due for renewal (on a
yearly basis). We will normally give you 4 weeks notice. The Hosting renewal charge must
be received within 10 days of the Hosting expiry date. AWD reserve the right to de-activate
any website where the Hosting has expired and the Client has not paid the renewal charge.
There will be an admin fee set by AWD for re-activating the website/ Hosting.
19. AWD has no control of, or responsibility for, the content of Clients’ websites. In no way
does the textual or image based Content of our Client’s web sites constitute AWD’
endorsement, or approval of the website or the material contained within the website. AWD
has not verified any of the materials, images or information contained within our Client’s
web sites and is not responsible for the content or performance of these sites or for the
Client’s transactions with them. AWD provides links or references to our Client’s websites
solely for the convenience of prospective customers and intends that the links it provides
be current and accurate, but does not guarantee or warrant that such links will point to the
intended Clients’ site at all times.
20. AWD reserves the right to change or modify any of these terms or conditions at any
time. Should any persons need clarification of any of the above please contact AWD.
21. You agree not to hold liable AWD for any issues legally or for these services, monies
paid / deposited or for its third party companies and you will hold AWD, it’s employees and
it’s partners harmless. HOLD HARMLESS AGREEMENT AND AFFILIATE/PARTNER COMPANY
DISCLAIMER AWD is not responsible or directly affiliated with the companies or individuals
who provide “services.” Furthermore, We have no control over the internet, ranking, content
etc.. AWD or its contractors are not liable for individual results. Should any concerns arise
from the relationship with the company/individual providing services, these concerns
should be handled directly with the company/individual. By paying for services you agree
that our services are “best practices” as recommended by AWD.
22. That’s it, you’re all done with the boring bit’s (it wasn’t that bad eh?)
*12. Any works unpaid, will not be delivered and Agnetia has the right to keep any deposits. If some or all of the works were delivered in good faith (with out deposits), Agnetia will pursue legal actions to obtain the monies owed. The client is responsible for all legal / personal fees resulting from legal action. They will be handled by a contracted copyright enforcement organization, and most such infringements will be invoiced at several times my usual fees to cover the additional costs of handling infringement cases. Infringement invoices are non-negotiable, and non-payment of infringement invoices will result in legal action to recover statutory damage by law. DCMA violation reports will also be submitted, and your sites/works will be taken down and your website contracts since violated will be taken down.