WBW Terms & Conditions
These Terms and Conditions (T&Cs) are agreed by We Build Websites Ltd (WBW), Registered Company 9517092 in England & Wales (“we” or “us”) and the individual or business agreeing to these T&Cs (“you” or “your”). If you represent or are acting on behalf of another entity, you warrant that you have the legal authority to commit that entity (individual or business) to these T&Cs.
1. Agreed Terms
1.1 We Build Websites Ltd provides its services to you, subject to the following T&Cs (in addition to specific T&Cs which may be relevant to an additional service you purchase from us). We reserve the right to update these T&Cs without notice to you.
1.2 “Quotation” means the document (PDF sent by email, or written email or uploaded document to your WBW Management System) which contains the job reference number (“Job Number”) and quoted price (“Cost”) and and description of the work to be carried out.
1.3 “Payment Terms” these are the terms which will be set out in the Quotation and cannot be altered or changed in anyway (except and unless agreed in writing by WBW.
2 Price and Payment
2.1 Payment, as described in the Quotation, must be paid by debit card, credit card or direct debit. We will not begin work on your website until we have received the deposit as stated on your quotation.
2.2 The price quoted is the gross price (inclusive of applicable taxes, which will be broken down separately, unless stated otherwise).
2.3 The price quoted is valid for a period of 60 days from the date on the quotation.
3. Your right to cancel
3.1 In accordance with Consumer Contracts Regulations (June 2014), you have the right to cancel within a period of 14 days from placing your order provided we have not begun work. Once we have commenced production of your website, the right to cancel is no longer applicable. Therefore, WBW will charge you for the value of the service that is provided up to the point you cancel and refund outstanding monies.
4. Description of Service
4.1 On receipt of your order and deposit we will begin the design process. This may include any or all of the following; telephone you for confirmation of your requirements, request for supply of any digital assets you wish us to include, email clarification of the scope of your website. Once these have been received we will confirm in writing and begin the design process. We undertake that you will receive your designs within five (5) working days, but aim to have them with you in two (2) working days.
4.2 WBW includes two amendment stages to the design process and two rounds of amendments (that are fair and reasonable) to your website once the demo is online and available for review. An amendment means to request for small changes to your website, which may include, but not limited to design changes (changing font types or website colours), simple menu changes. If you request a change in the functionality of your website other that what was initially agreed, then you will incur additional charges. The charges will be quoted prior to the work starting.
4.3 Website snags (where your website does not respond as it should and could be considered as WBW's responsibility) are not included in the amendment rounds and will not be charged.
5 Improper Use
5.1 The websites produced by WBW may only be used for lawful purposes. You agree to indemnify WBW and hold us innocent from any and all claims resulting in unlawful use of your website.
5.2 If WBW believes that your website is unlawful, then we reserve the right to take your website offline until the issue is resolved.
6 Exclusions of Liability
6.1 We will incur no liability for any errors in the Quotation not corrected by you. You take full responsibility for ensuring that the Quotation meets your requirements
6.2 WBW will incur no liability if any aspect of the work (outlined in the quotation) that is dependent on a third-party service ceases to function due to the actions of a third-party.
6.3 In the event of any breach of contract by us, the remedies available to you are limited to damages. Under no circumstances shall our liability exceed the quoted price.
6.4 WBW cannot be liable for any loss of earnings or potential loss of earnings due to unforeseen failure of internet connection, broadband, or server downtime.
7 Force Majeure
7.1 We Build Websites Ltd shall not be held liable for failure to perform our obligations under this agreement due to act of God, war, civil war, sabotage, act of terrorism, government sanction, embargo, import regulation, export regulation, labour disputes (including strikes, lockouts, boycotts, or other industrial action), failure in the transportation of equipment, machinery or personnel, failure in the provision of any utility (including power, gas, water or communication services), or any event or circumstance beyond our reasonable control.
8 Intellectual property
8.1 Unless explicitly stated otherwise in the quotation, WBW owns all rights, interest and title in the development, software and work produced, including all intellectual property rights. The rights are protected by intellectual property laws both in England and Wales and internationally. You agree not to reproduce, modify or otherwise create derivative works from the work produced or the software developed.
8.2 You agree to indemnify us and hold WBW harmless from any and all claims resulting from your negligence or inability to obtain relevant permissions in connection with any material you supply to us.
9.1 You may not assign the benefits of this agreement to any other party.
10 Prior/Other Statement
10.1 No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement, or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these T&Cs and the remainder of the terms and conditions in question shall not be affected and shall remain in full force.
11 Governing Law
11.1 The law of England and Wales governs this contract and the parties submit to its exclusive jurisdiction.