Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges
Charges for services to be provided by My White Space are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 60 days. My White Space reserves the right to alter or decline to provide a quotation after expiry of the 60 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of thirty (30) percent of the project quotation total upon delivery of design & agreement of project timetable. The remaining seventy (70) percent of the project quotation total is due upon completion of the work, within 24 hours of upload to the web server or release of materials.
Payment for services should be made by bank transfer.
Client Review
My White Space will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies My White Space otherwise within five (5) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
My White Space will install and publicly post or supply the Client’s website by the date agreed with the Client upon My White Space receiving initial payment, unless a delay is specifically requested by the Client and agreed by My White Space.
In return, the Client agrees to delegate a single individual as a primary contact to aid My White Space with progressing the commission in a satisfactory and expedient manner.
During the project, My White Space will require the Client to provide website content; text, images, movies and sound files. All such content will be made available through a shared online folder created by My White Space or other agreed method.
Failure to provide required website content
To provide best value, and to remain efficient to deliver multiple projects in parallel to clients with their own commercial milestones, we need to agree a Project Timetable to include the delivery of all copy, images and links etc. so we can achieve our deadlines on your behalf. We will agree this Timetable in writing before we proceed and only at that point will we issue a non-refundable retainer fee of 30% of the total fee.
If any material required by My White Space to progress the project is materially late, we reserve the right to issue a surcharge of up to 25%.
If any material is more than 20 working days late (without prior written agreement), we reserve the right to close the project and issue the final invoice for the full project value.
We want to work in an open partnership with our clients. We rely on your content delivery. If you deliver on time, we will deliver on time.
Payment
Final invoices will be provided by My White Space upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
Additional Expenses during Development
The Client agrees to reimburse My White Space for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. All images provided by My White Space will be subject to a charge of £10.00 per image.
Travel Expenses
The price quoted assumes that any face to face meetings will take place at the My White Space offices. Travel within 5 miles of LA2 6JG is included as part of the quote. Any travel outside of this area will be charged at 50 pence per mile.
Web Browsers
My White Space makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Google Chrome, Firefox, Safari, Edge etc.). The Client agrees that My White Space cannot guarantee correct functionality with all browser software across different operating systems. My White Space can not guarantee support for legacy browsers.
My White Space cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, My White Space 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.
Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on My White Space’s Web space, My White Space will, at its discretion, remove all such material from its web space. My White Space 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 My White Space reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by My White Space in enforcing these Terms and Conditions.
Termination
Termination of services by the Client must be requested in a written notice 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 design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Indemnity
All My White Space services may be used for lawful purposes only. You agree to indemnify and hold My White Space harmless from any claims resulting from your use of our service that damages you or any other party.
Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants My White Space 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 My White Space permission and rights for use of the same and agrees to indemnify and hold harmless My White Space from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high quality suitable for use electronically in .jpeg or .png format. Although every reasonable attempt shall be made by My White Space to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
Access Requirements
If the Client’s website is to be installed on a third-party server, My White Space must be granted temporary read/write access to the Client’s storage directories which must be accessible via SFTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Post-Placement Alterations
My White Space cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
Domain Names
My White Space may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of My White Space. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
General
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.
Governing Law
This Agreement shall be governed by English Law.
Liability
My White Space hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of My White Space to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
Ongoing Support
In most cases My White Space will be available for ongoing support after a new website is launched. This support may take the form of (although is not limited to) email, phone conversation or changes and/or updates to the website once live. You will be charged £40 per hour for this service.
Last updated – November 2019
My White Space | Web Design
4 Manor Close, Lancaster LA2 6JG
01524 825001