All work is carried out by Tom Harrop on the understanding that the client has agreed to these terms and conditions.
Design
The ‘design’ of a website in this document refers to the aesthetic representation of the website, including any images used that were created by Tom Harrop, CSS style sheets, and static HTML content as seen by browsers. Copyright is retained by Tom Harrop on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. Any websites designed by Tom Harrop remains the property of Tom Harrop after payment has been made, however, once payment has been made, a licence for use of the website is granted to the client. This licence is valid for the period specified on the invoice and also allows the customer to use images of the website for publicity purposes.
If a choice of multiple designs is offered, only one solution is deemed to be given by Tom Harrop as fulfilling the contract. All other designs remain the property of Tom Harrop, unless agreed in writing that this arrangement has been changed.
Content management systems and back-end website management facilities
Content management systems provided with websites by Tom Harrop are provided as licensed software. The licence of this is only valid as long as the system is hosted by Tom Harrop. Should the client want to move their system away from Tom Harrop to another hosting platform they must pay an ‘ownership fee’ which will grant the client full access to the application’s source code. The price paid for unlimited access and ownership relates to the time taken to develop the entire application. Licence costs are based on the application’s server strain.
If the client wishes to use more than one instance of the CMS then they must purchase a licence for each instance. Failure to do so will result in breach of copyright and will be considered theft and prosecuted in the usual way.
Websites featuring applications do not come with allocated FTP accessible space.
Project acceptance and cancellation
When a project is undertaken by Tom Harrop, it is only done so when acceptance is made by the client in writing, by email, or verbally. Once the client has accepted Tom Harrop’s proposal they are obliged to see the project to completion and make payment as expected. Clients who cancel Tom Harrop’s services before project completion are responsible to settle their account to the point of cancellation. Those who do not cancel the service before completion by email, in writing, or verbally are responsible for payment of the entire amount originally quoted.
Hosting
Websites hosted with Tom Harrop are hosted at the rate agreed with the client. A hosting account is considered in default when it remains unpaid for more that 14 days after an invoice is issued. All services will cease on this date. Loss of data will not be accounted for by Tom Harrop.
Uptime is not guaranteed, however we have experienced over 95% uptime since we began our hosting service.
Moving away from Tom Harrop may require work from Tom Harrop's staff. In this case work will be charged for at our usual hourly rate. This, in the case of web applications, is as well as an ownership fee.
Payment & publication
The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to Tom Harrop. Accounts which remain outstanding for 14 days after the date of invoice, will incur an extra charge of 10% or £10 (for invoices under £100) of the outstanding amount with a maximum charge of £200.
Payments may be made by cash, cheque, transferor PayPal in Pound Sterling.
Publication and/or release of work done by Tom Harrop on behalf of the client, may not take place before cleared funds have been received.
Once the project is published any errors or mistakes then found are deemed to be the responsibility of the client who has by requesting the project to be published given approval to the project for publication. Tom Harrop will have no obligation either financial or otherwise to correct mistakes found after publication.