By placing an order with Max Websites, you confirm that you are in an agreement with and bound by the terms and conditions below.
The Client: The company or individual requesting the services of Max Websites.
Max Websites: Primary designer/site owner & employees or affiliates.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s verbal agreement via email or phone along with a Max Websites order confirmation or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment of deposit, or verbal agreement via email or phone is an acceptance of our terms and conditions. This is further cemented via conversations which clearly represent work is already underway, and in the absence of an initial dispute from client to these conversations.
It is not necessary for any Client to have signed an acceptance of Max Websites terms and conditions for them to apply. If a Client accepts a verbal order or 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.
Charges for services to be provided by Max Websites are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Max Websites reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client or listed different in the proposal, Payment for all website design services is due 30 days after the agreed activation date. The client agrees the website may not be live at the agreed activation date.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to Max Websites, Cathedral Quarter, 46 Hill Street, Belfast, BT1 2LB.. Bank details will be made available on invoices. All major types of card payments are also accepted.
Payment for website hosting, maintenance and support is accepted by direct debit and will commence 30 days after the agreed activation date and will continue for the full term agreed.
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors.
Max Websites cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming code remain the property of Max Websites until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Max Websites remain the copyright of Max Websites and may only be commercially reproduced or resold with the permission of Max Websites.
Max Websites cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Max Websites 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 Max Websites permission and rights for use of the same and agrees to indemnify and hold harmless Max Websites from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Max Websites that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Any additions to the brief will be carried out at the discretion of Max Websites and where no charge is made by Max Websites for such additions, Max Websites accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Max Websites all materials required to complete the site to the agreed standard and within the set deadline.
Max Websites will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Max Websites reserve the right to extend any previously agreed deadlines by a reasonable amount.
Max Websites will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
Max Websites will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Max Websites will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Max Websites cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
The client is expected to test fully any application or programming relating to a site developed by Max Websites before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Max Websites will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
A link to Max Websites will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied.
Failure to provide required website content:
Max Websites is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date your self.
Max Websites will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Google Chrome and to an acceptable level with Apple Safari and Mozilla browsers. Max Websites can offer no guarantees of correct function with all browser software.
Max Websites’s hosting packages run on a 12 monthly contractual basis, commencing once payment for hosting has been received. Commencing of a hosting package is an agreement to abide to the terms and conditions set out in this document. Any cancellations prior to the end of the 12 monthly agreement require a one months notice period. Furthermore, any unpaid hosting charges up until the end of the 12 month contractual period will be billed and must be paid in full in one lump sum, in addition to a cancellation fee of £50.
Whilst Max Websites recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Max Websites cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Max Websites reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
Payment of Accounts
It is Max Websites policy that any outstanding accounts for work carried out by Max Websites or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Max Websites.
Once work is completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Max Websites have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (CCJs) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
This Agreement shall be governed by Northern Irish Law.
Max Websites 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 Max Websites 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.
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.