These terms and conditions are applicable to all Web Development projects that are undertaken by Shop Startup.
By accepting a quotation you are agreeing to Shop Startup’s terms and conditions. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions. These terms and conditions are always available on our website for review.
Charges for services to be provided by Shop Startup are defined in the project quotation that the Client receives via email. Quotations are valid for a period of 60 days unless alternate timescales have been agreed beforehand with the Client. Shop Startup reserves the right to alter or decline to provide a quotation after expiry of the valid timescale. Payments can be made in full in advance of work completed.
£0 – £9,999 – 50% invoiced at commencement of project 50% invoiced on sign off
£10,000 – £19,999 – 30% invoiced at commencement of project, 40% invoiced on delivery of test version, 30% invoiced on sign off
Payment schedules for projects over £20,000 will be negotiated on a project by project basis.
Payment for services is due by bank transfer or Bitcoin. Reoccurring billing for support services can be paid by credit or debit card on request.
Shop Startup will provide the Client with an opportunity to review the appearance and content of the Web site during the development cycle (beta stage) and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Shop Startup otherwise within ten (10) days of the date the materials are made available to the Client.
Project Schedule and Content Control
In the majority of projects, Shop Startup will install and publicly post or supply the Client’s Web site by the date specified in the project proposal. If no such date is specified, the timescale shall be within four (4) weeks of the date initial payment is received from the Client, unless a delay is specifically requested by the Client and agreed by Shop Startup. An alternate time scale can be agreed during the initial project discussion.
In return, the Client agrees to delegate a single individual as ‘first-point-of-call’ to aid Shop Startup with completing the project in a satisfactory and expedient manner.
During the project, Shop Startup will require the Client to provide copy and images, unless an arrangement for the copy and images to be provided has been made. If content is not provided within four (4) weeks of an official request by email then Shop Startup reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight (8) weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. Shop Startup will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.
Invoices will be provided by Shop Startup upon completion of the work for Web Development and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices. Invoices are due within thirty (30) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after forty (40) days then Shop Startup will consider the account to be in default and a 3% per day rate of interest will be added to the outstanding balance until payment is met.
If the Client in default has any information or files on Shop Startup’s web space, Shop Startup can, at its discretion, remove all such material from its web space. Shop Startup is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Shop Startup reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Shop Startup in enforcing these Terms and Conditions.
Termination of the Web Development project by the Client must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Terms and Conditions relating to hosting accounts are available upon request.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Shop Startup the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Shop Startup permission and rights for use of the same and agrees to indemnify and hold harmless Shop Startup from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website development and/or placement shall be regarded as a guarantee by the Client to Shop Startup that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Shop Startup maintain the ownership of all intellectual property and code until full payment for the project has been made by the Client.
Media Delivery Requirements
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, CD-Rom, DVD, or FTP) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format. The specific requirements will be discussed and agreed with the Client prior to commencement of the project.
If the Client’s Web site is to be installed on a third-party server, Shop Startup must be granted temporary read/write access to the Client’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Post Project Alterations
Shop Startup will make good any bugs arising within the project for 90 days from the delivery of the project to the Client. Shop Startup cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages once built. Such alterations include, but are not limited to additions, modifications or deletions. Shop Startup may require a one-off Web Development charge before resolving any issues that may arise.
Third Party Services
Shop Startup may require the usage of third party services – for example, credit card processing – to complete the Client’s project requirements and will ensure these services are integrated into the project and working correctly upon completion. Shop Startup cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client’s website and may require a one-off Web Development charge before resolving any problems that may arise.
Shop Startup may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by Shop Startup. Reminder emails will be sent out to the client before the domain expires at thirty (30) days before the expiration date. The Client must notify Shop Startup that they do not wish to keep the domain thirty (30) days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Shop Startup. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
All sites will be built to work with current releases of all major browsers unless otherwise specified within the project brief with the exception of Internet Explorer which is now considered obsolete and will no longer be supported in the future.
Managed Hosting Terms of Service
This Managed Website Hosting Agreement (the “Agreement”) sets out the terms and conditions under which our company provides managed hosting services to you, the customer. By purchasing managed hosting services from us, you agree to be bound by this Agreement.
Managed Hosting Services
We will provide managed hosting services to you as outlined in our Service Level Agreement. This includes server administration, software updates, security management, backups, and technical support.
Payment and Fees
You agree to pay the fees for the managed hosting services as outlined in our pricing plans. All fees are payable in advance and are non-refundable. We reserve the right to change our fees at any time by providing you with notice in advance.
Managed hosting packages start with a limit on monthly bandwidth usage of 300GB. If you exceed this limit, we will upgrade your package to the next level of payment, and you will be notified in advance of any changes to take place or any additional fees associated with the upgraded package.
Content and Use
You are responsible for the content and use of your website. You agree to comply with all applicable laws and regulations, including but not limited to copyright and trademark laws. We reserve the right to suspend or terminate your managed hosting services if we believe that your website is in violation of this Agreement.
Backups and Data Loss
We will provide regular daily backups of your website data. However, we are not responsible for any data loss that occurs due to your actions or inactions, including but not limited to failure to maintain adequate backups or failure to protect your website from hacking or other security breaches.
Either party may terminate this Agreement by providing written notice to the other party. Upon termination, we will delete all website data from our servers. You are responsible for ensuring that you have copies of your website data before termination.
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising out of your use of our managed hosting services or your violation of this Agreement.
Limitation of Liability
Our liability to you for any damages arising out of this Agreement will be limited to the fees paid by you for the managed hosting services. We will not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits or business interruption.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
This Agreement shall be governed by English Law.