Service Agreement and Conditions
By contracting RapidWebSites, you agree and understand to the following terms and conditions.
An ‘order’ is deemed to be a written or verbal contract between RapidWebSites and the client, this includes telephone and email agreements.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, RapidWebSites 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 RapidWebSites until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by RapidWebSites remain the copyright of RapidWebSites and may only be commercially reproduced or resold with the permission of RapidWebSites.
RapidWebSites 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 RapidWebSites and where no charge is made by RapidWebSites for such additions, RapidWebSites 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 RapidWebSites all materials required to complete the site to the agreed standard and within the set deadline.
The “48 hour website up and running” is subject to the client supplying all text, images, domain hosting details and other requested information at time of order and contract agreement.
RapidWebSites will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
RapidWebSites 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.
RapidWebSites 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.
RapidWebSites 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 deposit of 50% is required to commence any project before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is due in accordance with our payment terms and prior to the site going live. Should the client decide they no longer want or require the site no refunds are made or may be claimed by the client.
Database, Application and E-Commerce Development
RapidWebSites 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, cgi applications or software (unless specifically agreed) written by RapidWebSites remain the copyright of RapidWebSites and may only be commercially reproduced or resold with the permission of RapidWebSites.
Where applications or sites are developed on servers not recommended by RapidWebSites, 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 clients 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 RapidWebSites before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, RapidWebSites will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Whilst RapidWebSites recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of any service. RapidWebSites cannot accept liability for losses caused by the unavailability, malfunction or interruption of a service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Hosting Payment Policy & Billing Procedures
All accounts are set up on a pre-pay basis. We accept payments via Cash, Online EFT Transfer and PayPal. All pricing is guaranteed for the term of pre-payment. RapidWebSites reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been received, the account and service may be suspended. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies RapidWebSites to request termination of services.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the RapidWebSites policy that any outstanding accounts for work carried out by RapidWebSites 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 RapidWebSites.
Once a deposit is paid and work 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 RapidWebSites 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, non payment can result in court judgements being added to the clients credit rating.
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. This means that we will have a lien over any service, products, data or information. 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 to 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.