Terms and Conditions

All services provided by JS Web Services are subject to the following terms and conditions. Please ensure that you read and understand our terms and conditions before entering into an agreement with us.

1. DEFINITIONS

1.1. The following terms and conditions document is a legal agreement between “JS Web Services” and the “Client” for the purposes of website design or development.
1.2. Section 6 will only apply for Clients using our Domain and Hosting Services.
1.3. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.

2. ACCEPTANCE OF WORK

2.1. Quotations are valid for 30 days from date of issue.
2.2. The Client warrants that they are at least 18 years of age and that they possess the legal right and ability to enter into this Agreement.
2.3. An agreement form must be signed by all Clients at the time of submission of work to JS Web Services, indicating agreement to and acceptance of these Terms and Conditions. A copy of these terms and conditions is available via our website http://www.jswebservices.com/terms.php
2.4. JS Web Services reserve the right to withdraw from contract at any time prior to acceptance.

3. CHARGES

3.1. Any work is subject to a minimum charge of £15.
3.2. Charges for services to be provided by JS Web Services are defined in the project quotation that the Client receives via email. JS Web Services reserve the right to alter the quotation after expiry of the 30 days.
3.3. Unless agreed otherwise with the Client, all website design and development services require an advance payment of 15 percent of the project quotation total prior to commencement of the project. The remainder of the fee will be due upon completion of the work and prior to site publication and / or release of materials. Charges for web design work do not cover the release of source PSD or other files associated with the project; if the Client requires these files on CD / DVD, they will be subject to a separate fee.

4. PERMISSION AND COPYRIGHT

4.1. All pages, images, text and code on JS Web Services website at http://www.jswebservices.com is copyrighted material.
4.2. Clients and any visitors to the JS Web Services website may not use any of the pages, images, text or code on the website for use on Client's or visitor’s own website or to create a website or templates without prior written permission from JS Web Services.
4.3. Copyright of the completed web designs, images, pages, code and source files created by JS Web Services for the project shall be with the Client upon final payment only.
4.4. The Client hereby agrees that all media and content made available to JS Web Services for use in the project are either owned by the Client or used with full permission of the original authors, for example all graphics and photographs used.
4.5. The Client agrees that JS Web Services may include development credits and links within any code JS Web Services designs, builds or amends.
4.6. The Client agrees that JS Web Services reserves the right to include any work carried out for the Client in a portfolio of work.

5. MATERIAL

JS Web Services reserve the right to refuse to handle:

Any media which is unlawful or deemed to be inappropriate
Any media which contains a virus or hostile program
Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
Any media which constitutes a criminal offence, or infringes privacy or copyright

6. DOMAIN NAMES AND HOSTING

6.1. JS Web Services offers, but is not obliged to offer, domain name registration and hosting.
6.2. Until we receive confirmation of registration we cannot guarantee that the domain name requested will be available for registration.
6.3. The domain name is registered in the Client's own name, address and contact details. The Client should be aware that a domain name is registered with a Domain Registrar and as such the Client shall agree to fully abide by the terms and conditions set out by the Domain Registrar for such services.
6.4. The Client agrees that information submitted for registration of Domain names is then available to the general public. However, Clients that are using their website for non-trading purposes may ask for their contact information not to be included.
6.5. The Client agrees that if at any time their contact details including email address change, it is their responsibility to inform JS Web Services and update their contact details.
6.6. The Client agrees to pay the initial domain and hosting fees as soon as agreement has been made and thereafter to pay the monthly hosting fees, as set out in the quotation, on a regular monthly basis by standing order which the Client will need to set up with their bank. Alternatively, hosting can be paid annually in advance. Failure to comply with the payment terms may result in the Client’s domain name becoming available to another party and/or the website and email services becoming unavailable.
6.7. Clients choosing not to pay by standing order will need to agree an alternative method with JS Web Services and will be invoiced for hosting, and other charges, annually in advance.
6.8. As part of our monthly hosting fees JS Web Services will automatically renew the domain name at the end of the registration period. This renewal process will continue indefinitely until such time that the Client decides they no longer require the domain or they wish to transfer the domain to another host.
6.9. The Client may cancel their web hosting contract, or transfer to a different hosting supplier at any time, provided their account is fully-paid up to the end of the hosting contract.
6.10. The Client should provide sufficient written notice of their wish to cancel the hosting contract. If the hosting is cancelled at the start of a new calendar month the hosting fee for that month will still apply. In addition, if the Client wishes to transfer out the domain then a £25.00 fee will apply.
6.11. During the first year of hosting no refund will be made in respect of annual hosting fees paid. For subsequent years a pro rata refund may be made on request. It is the responsibility of the Client to cancel any standing orders they have in place for hosting or other services. We have no control over standing order mandates and do not offer a refund for monthly payments received after cancellation of the service.
6.12. If the Client already has a domain name and hosting with another supplier the Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which JS Web Services requires to upload the website if required as part of a project.
6.13. JS Web Services reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.
6.14. Using an email address hosted by JS Web Services for Spamming or any type of unsolicited commercial or non-commercial email is strictly prohibited and your account may be suspended if you are found to be doing so.
6.15. The Client agrees to keep secure any identification, log ins, passwords and other confidential information relating to their account, if they have been supplied with such information. The Client is personally responsible for the use of their account and the secrecy of their password. The Client must also inform JS Web Services immediately if someone steals their password or if they find someone else is using their ID. The Client agrees to co-operate with JS Web Services and the police or other appropriate authorities concerning any legal action taken arising from the misuse of the Customer's account by anyone else.

7. PROJECTS

7.1. Additional work requested by the Client which is not specified in the original quotation is subject to an additional quotation by JS Web Services on receipt of specification. If the work is needed as part of an existing project then this may affect the timescale and overall delivery time of the project.
7.2. It is important that the Client communicates their ideas to JS Web Services clearly, concisely, and in a timely manner.
7.3. The target completion date is a mutually agreed date for completion of the website (typically within 6 weeks of the agreement date). It is important that the Client ensures that they devote some of their time to the project to produce initial information, review progress, and thus ensure that the project proceeds unimpeded. In the event that the agreed completion date has passed, and JS Web Services are prevented from progressing with the creation of the website due to waiting on responses from the Client, we reserve the right to impose an additional charge as appropriate.
7.4. During the project timeline, JS Web Services will require the Client to provide website content i.e. text, images and where applicable movies and sound files. Text content should be proof-read and error-checked by the client.
7.5. If content is not provided within six (6) weeks of an official request by email then JS Web Services 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 ten (10) weeks from the original email request then the Client is considered to be in default of the commission, the project may be terminated and the Client sent the final invoice for immediate payment. JS Web Services will agree, at their discretion, to recommence the commission after agreement is reached on a new quotation document and once the original fees have been paid.
7.6. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (typically via email) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, or .png format. Although every reasonable attempt shall be made by JS Web Services to return to the Client any images or material provided in hard format for use in creation of the Client's website, such return cannot be guaranteed.
7.7. All alterations for website projects are to be requested by the Client via email. After the specified alterations have been completed, JS Web Services reserve the right to advise the Client as such and if further amendments are required, JS Web Services will send a new quotation to the Client for such work. JS Web Services reserves the right to request payment be received for further alterations before continuing work.
7.8. JS Web Services will provide the Client with opportunities to review the appearance and content of the website during the design phase and once the overall website development is completed.
7.9. The Client agrees that an XHTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of XHTML code by internet browser software. JS Web Services agree to match the design as closely as is possible when building the code.
7.10. Upon completion of an agreed design the Client is asked to confirm (by email) that the design is signed off as complete and agree that any further design alterations are chargeable.
7.11. Upon completion of site development the Client is asked to confirm (by email) that the site is signed off as complete. Any additional work requested after this point is chargeable.
7.12. After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then JS Web Services reserve the right to quote for work to repair the website.
7.13. JS Web Services reserve the right to assign subcontractors in whole or as part of a project if needed.
7.14. All communications between JS Web Services and Client shall be by telephone, email or Skype, except where agreed at JS Web Services’ discretion.

8. WEB BROWSERS

8.1. JS Web Services shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. New layouts are tested with older browsers to ensure as much compatibility as possible. Client agrees that JS Web Services cannot guarantee correct functionality with all browser software across different operating systems.
8.2. Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox thereafter may affect the functionality and display of their website. As such, JS Web Services reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. SEARCH ENGINE SUBMISSIONS

9.1. Following the publication of the website JS Web Services will submit the website to a number of search engines including all of the major search engines such as Google. However it can take it can take a number of weeks for a website to appear in the search results. JS Web Services endeavours to create pages that are search engine friendly, however, JS Web Services gives no guarantee that the Client will receive top level rankings for their website, although we will use our knowledge and experience to gain the best results possible.
9.2. If the Client is interested in further promoting their business and website JS Web Services can offer either a Standard or Premium SEO package for an additional fee.

10. PAYMENT TERMS

10.1. All prices are exempt of VAT.
10.2. For any new design or development projects, JS Web Services require a deposit payment to be received in advance of the work being carried out and before handover of files, except where agreed at JS Web Services’ own discretion.
10.3. If the Client wishes to spread the cost of the website, JS Web Services may at their discretion offer instalment terms. These should be agreed prior to the commencement of the work.
10.4. For design and development projects, once the final payment has been received and the work finished, the work carried out will be published and made publicly available.
10.5. The Client may request that JS Web Services cancel a project. This request must be made in writing (preferably via email). The project is cancelled only if JS Web Services confirms work has not been started on the project. If JS Web Services has begun or completed the work and the Client no longer requires the files but has agreed to the work, the Client remains obliged to pay JS Web Services for the work that has been carried out.
10.6. Invoices will be provided by JS Web Services upon completion of the work for Web Design and any associated services. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. All invoices must be paid in full within 14 days of the invoice date, except where agreed at JS Web Services own discretion.
10.7. Payment for services should be made by bank transfer (BACS). Although cheques will also be accepted if a bank transfer is not possible (cheques should be made payable to JS Web Services). We strongly recommend that payment is made via BACS to avoid unnecessary delays. Cheques need to be sent by post to our bank and can then take a further 4 working days to clear so please be aware that this method of payment may delay publication of your site whilst we await clearance of the funds.
10.8. Accounts that remain unpaid thirty (30) days after the date of the invoice will attract a service charge of 1.5% of the total amount due, per day.
10.9. JS Web Services reserves the right to decline further work on a project if there are invoices outstanding with the Client.
10.10. JS Web Services reserves the right to remove their work for the Client from the Internet if payments are not received.

11. LIABILITY AND WARRANTY DISCLAIMER

11.1. JS Web Services endeavours to provide a website within given delivery timescales to the best of their ability. However, the Client agrees that JS Web Services is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
11.2. The Client agrees JS Web Services is not liable for absence of service as a result of illness or holiday.
11.3. The Client agrees JS Web Services is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
11.4. JS Web Services is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
11.5. On handover of files from JS Web Services to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
11.6. JS Web Services reserve the right to carry out normal system housekeeping such as creating backups but DO NOT accept responsibility for ensuring said backups work - the Customer's data security is their own responsibility.
11.7. JS Web Services shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if JS Web Services has been advised of the possibility of such damages.
11.8. There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend JS Web Services and their subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.
11.9. JS Web Services may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. JS Web Services reserves the right to quote for any updates as separate work. The Client agrees JS Web Services is not liable for any failure to inform or implement these updates to their site. The Client agrees that they shall defend, indemnify, save and hold JS Web Services harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

12. INDEMNIFICATION

12.1. Client agrees to use all JS Web Services services and facilities at their own risk and agree to defend, indemnify, save and hold JS Web Services harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against JS Web Services or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. The Client agrees this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.
12.2. Client also agrees to defend, indemnify and hold harmless JS Web Services against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.

13. NONDISCLOSURE

13.1. JS Web Services and any third party associates agree that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that they will not convey any confidential information about JS Web Services to another party.

14. ENFORCEMENT

14.1. JS Web Services reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client to be in breach of these terms and conditions. JS Web Services shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
14.2. This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
14.3. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
14.4. Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
14.5. JS Web Services reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at JS Web Services website at http://www.jswebservices.com/terms.php with a date of last update.
14.6. By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges that they have read, understood, and accepted the Terms and Conditions of this Agreement, and agree to be legally bound by these Terms and Conditions.

Last updated: 22nd December 2011

We advise you to print and keep safe a copy of these Terms and Conditions. Download a PDF version here.