Terms Of Service
The client agrees to accept and be bound fully by the covenants specified in these terms and conditions upon instructing DevWebDev to carry out any work. It is the client’s full responsibility to request, read and understand the terms and conditions below. Under the terms and conditions of this Agreement DevWebDev is an independent contractor and the Client agrees as follows:
Payment and General Terms:
1.1(a) A signed contract represents the order for all services and development costs detailed in the contract and proposal.
1.1(b) By DevWebDev providing any service to the client, the client agrees to be fully bound by these terms and conditions.
1.2 The Client shall pay for all solutions, services and any other costs specified in this Agreement and in the service contract. The Client agrees to pay a non-refundable deposit at a rate of fifty (50%) percent of the total upon signing of the Agreement Contract for web development services, unless stated otherwise. The final payment is due before the website goes live. Monthly contracts will be payable on the same day of each calendar month.
1.3 The client agrees to pay DevWebDev in full for all other ‘one-off’ services within 14 days of signing this contract unless otherwise stated. The performance of services will not begin until this payment is made.
1.4 Clients shall be invoiced for monthly services on the same day of each calendar month including February if appropriate, otherwise payment will be invoiced on the last day of February.
1.5 DevWebDev will invoice the Client as agreed. For monthly services, all fees shall become due on the day when services are scheduled to begin and DevWebDev shall invoice the Client at this time. The Client shall make all payments due under such invoice within 14 days. The performance of services will not begin until this payment is made.
1.6 Any additions, changes, upgrades or enhancements outside the specifications of the contractual Agreement / Proposal are exclusive of this Agreement and subject to further charges.
1.7 Third Party Service Providers may update their service, processes and products from time to time affecting the functionality of the Client’s Internet Solution post-completion. These changes are beyond DevWebDev ’s control. Upon fulfilment of the Proposal, DevWebDev under this agreement shall not be responsible to upgrade or modify the Internet Solution to comply with such updates.
1.8 Prices quoted are in pound sterling unless otherwise agreed. The Client shall be invoiced on a monthly or annual basis for services provided as outlined under these terms and conditions.
1.9 The Client acknowledges and agrees that DevWebDev reserves the right to change the fees at any time providing 30 days’ notice to the Client by email or in writing and such increases must be acceptable to both parties failing which either the Client or DevWebDev may terminate this Agreement on the expiry of such 30-day notice if agreement has not been met regarding the increase in fees.
1.10 DevWebDev will not release any files relating to websites or other services until all payments due to DevWebDev have been made. Certain products cannot be released and remain the property of DevWebDev as detailed in these terms and conditions.
1.11 Failure to honour any part of a contract, where it exists, for one-off services or monthly recurring services requires the client to settle the price of the contract in full or to come to a payment settlement agreement with DevWebDev.
1.12 Any payment made to DevWebDev is subject to and constitutes acceptance of these Terms and Conditions.
1.13 Through DevWebDev providing a service of any kind the client is deemed to have accepted the Terms and Conditions.
General Service Terms:
2.1 Service performance timelines may vary due to many dependencies including but not exclusive to, delay of Client input and approvals at each stage of the development process. Client changes to the Proposal during the development process will also delay timelines and will be subject to additional charges not outlined herein this Agreement to be agreed between the parties.
2.2 DevWebDev reserves the right to prioritise the performance of services to clients as DevWebDev sees fit.
2.3(a) In no event shall DevWebDev, or its agents, be liable to the Client for any indirect, consequential or special damages;
2.3(b) In no event shall DevWebDev, or its agents, be liable for any: (a) loss of goodwill; (b) injury to reputation; (c) loss of actual or anticipated profits; (d) loss of business opportunity; (e) loss or damage incurred as a result of third-party claims;
2.3(c) The total aggregate liability of DevWebDev, and its agents during any 12-month period, shall not exceed the value of the fees paid by the Client to DevWebDev under this Agreement in such 12-month period.
2.4 The client may terminate a service at any time by contacting DevWebDev and providing a 30-day notice of the termination. In this case, the client will not be entitled to a refund of any kind. The termination of one service may mean the consequent termination of other services provided by DevWebDev.
Package Service Terms:
3.1 Package services are defined as solutions that contain more than one service provided by DevWebDev.
3.2 The termination of one service may mean the consequent termination of other services provided by DevWebDev.
3.3 DevWebDev reserves the right to decide which order the services will be performed within the service package.
3.4 These package services are bound by the same contractual terms relevant to each respective service as detailed below:
Web Hosting Service Terms:
4.1 The client agrees that any website or web application is subject to annually recurring hosting and domain name costs which are invoiced monthly or annually depending on the agreement between the client and DevWebDev.
4.2 The client agrees to pay hosting and domain name costs for any website, web application or any other products hosted on servers or hosting environments owned by DevWebDev.
4.3 DevWebDev is not the official web host and acts as a reseller and therefore takes no responsibility for server issues related to websites.
4.4 DevWebDev is not the web host and therefore has no access to the infrastructure in which the website is hosted on and therefore the support which DevWebDev can provide for hosting issues is limited. DevWebDev is also not responsible for the security of the server infrastructure related to the web hosting service.
4.5 DevWebDev strives for a 99.99% uptime on websites hosted through DevWebDev but this is not guaranteed and DevWebDev will not be liable to any charges if this is not the case through (a) loss of goodwill; (b) injury to reputation; (c) loss of actual or anticipated profits; (d) loss of business opportunity; (e) loss or damage incurred as a result of third-party claims.
4.6 DevWebDev will not be responsible for server issues on any website that is not hosted with the assistance of DevWebDev.
4.7 The client agrees that the termination of website or web application hosting, will cause any website or web application to become inactive and not publicly visible or accessible.
4.8 At DevWebDev’s discretion, the failure to make a due payment may result in the termination of hosting services which will cause any website or web application to become inactive and not publicly visible or accessible.
4,9 DevWebDev reserves the right to control and restrict any content on the Client’s website which is deemed by DevWebDev to be illegal, tortuous, false, misleading, fraudulent, libellous, immoral, offensive or otherwise not in conformity with the policies and style of DevWebDev or are unlawful or violate any applicable local, state, national or international law, ordinance or regulation having the force of law or by-law and further. DevWebDev shall have sole discretion to terminate Hosting and/or any Other Services in such circumstances, without advance notice.
4.10 Recurring web hosting services can be terminated by the client at any point after the contractual term has expired either by prior agreement or by contacting DevWebDev.
4.11 If recurring web hosting services are terminated before the end of the agreed contractual term, the client agrees to pay the termination fee agreed upon in the web hosting services contract.
4.12 If the hosting services are terminated, before the end of the agreed contractual term, for any of the reasons detailed above, DevWebDev reserves the right to sell the domain name and hosting account as compensation.
4.13 The Client warrants that it has obtained all licenses, consents and approvals necessary, including without limitation those necessary for the use of personal data under the Data Protection Act 1998, for the inclusion of all data and other materials to be hosted by DevWebDev under this Agreement.
Web Development Service Terms:
5.1 The client agrees to pay a non-refundable fifty (50%) percent deposit to DevWebDev before the performance of any web development services begin.
5.2 The client agrees to pay the remainder of the cost for the web development services when the service is completed but before the website goes live.
5.3 The client agrees that DevWebDev is not responsible for the effects of search engine algorithm updates to the client’s website rankings within any search engines unless specifically mentioned in a contract or in writing.
5.4 DevWebDev is not responsible for any of the changes that the client may make to their website and the client agrees that it is their sole responsibility to ensure that any content they add or alter does not affect the functionality or availability of the website.
5.5 DevWebDev is not responsible for any changes to the website that occur after the website goes live. This includes updates to WordPress or any of the installed plugins and any changes this may incur.
5.6 The client agrees that it is their sole responsibility to ensure the WordPress Core and any relevant plugins remain updated to ensure the security of the website and continued functionality. Unless covenant 5.10(b) applies.
5.7(a) DevWebDev may provide the client with a template Privacy Policy and/or Cookie Policy but this is not a guarantee that it is legally acceptable.
5.7(b) The client agrees that it is their sole responsibility to ensure that their website does not infringe any privacy laws and that their privacy policy and cookie policy is legally satisfactory and sufficient.
5.8 DevWebDev provides software to facilitate GDPR compliance on the client’s website however, this does not guarantee that the clients website will be GDPR compliant. The client agrees that it is their sole responsibility to ensure GDPR compliance and that any alterations they make to the website after delivery may have an effect on this compliance.
5.9 DevWebDev provides software to facilitate additional security on the client’s website however, this does not guarantee that the clients website will not be the victim of hacking or other cyber-attacks. The client agrees that it is their sole responsibility to ensure the security of their website.
5.10(a) DevWebDev offers a website support service whereby they will ensure the website’s WordPress core, plugins and themes are kept updated on a monthly basis. This service is subject to a monthly fee agreed upon with the client and the client agrees to pay this fee on a monthly basis.
5.10(b) The website support service alters covenant (5.6) stated above, and makes it DevWebDev’s responsibility to ensure the WordPress core and any relevant plugins are updated on a monthly basis. More frequent updates are still outside of DevWebDev’s scope and remain the client’s responsibility.
5.10(c) The client can terminate the website support service at any time by providing a 30-day notice by email or in writing to DevWebDev. The client agrees that this termination will reinforce covenant (5.6).
5.11(a) DevWebDev provides software plugins to the client’s website that will be subject to a recurring monthly or annual fee agreed upon with the client for their continued use.
5.11(b) The client can terminate the continued functionality of these software plugins at any time by providing a 30-day notice by email or in writing to DevWebDev. The client agrees that this termination may have an adverse effect on the functionality of their website or on its availability.
5.12 At DevWebDev’s discretion, the failure to make a due payment may result in the termination of the website which will cause it to become inactive and not publicly visible or accessible.
5.13 DevWebDev is under no obligation to hand over any website files to the client until full payment for the service is made.
5.14 DevWebDev reserves the right to control and restrict any content on the Client’s website which is deemed by DevWebDev to be illegal, tortuous, false, misleading, fraudulent, libellous, immoral, offensive or otherwise not in conformity with the policies and style of DevWebDev or are unlawful or violate any applicable local, state, national or international law, ordinance or regulation having the force of law or by-law and further. DevWebDev shall have sole discretion to terminate Web Development Services in such circumstances, without advance notice.
Search Engine Optimisation (SEO) Service Terms:
6.1 The client agrees that ‘one-time’ SEO services will be subject to a ‘one time’ fee. This will be paid by invoice unless otherwise agreed between DevWebDev and the client.
6.2 The client agrees that recurring SEO services will be subject to monthly recurring fees. These fees will be invoiced monthly on the same day of each calendar month unless otherwise agreed between DevWebDev and the client.
6.3 The client agrees that SEO services will not be performed by DevWebDev until the fees detailed above are paid in full.
6.4(a) The SEO services provided by DevWebDev involve optimising a website for search engines to help increase web traffic and improve the website’s ranking in search engine result pages.
6.4(b) The client agrees that the SEO services provided by DevWebDev do not guarantee an increase in web traffic to the website and DevWebDev will not be liable for any loss of web traffic as a result of these services.
6.5 DevWebDev offers various forms of SEO services including ‘on-page SEO’, ‘off-page SEO’ and ‘technical SEO’. The degree to which these services are provided is dependent upon the SEO contract agreed upon by the client and DevWebDev.
6.6 The fulfilment of these SEO services is dependent on DevWebDev having full access to the client’s website. The client agrees that preventing or infringing website access to DevWebDev may result in these services being incomplete and may result in their termination.
6.7 The client agrees that DevWebDev has full permission to implement SEO software in the client’s website.
6.8 DevWebDev is not responsible for any adverse effects on a website’s traffic, page rank or SEO performance that may occur from the client modifying or altering the content on their website.
6.9 DevWebDev is not responsible for the changes in any search engine algorithms and the affects this may have on the client’s website, web traffic, page rank or SEO performance.
6.10 At DevWebDev’s discretion, the failure to make a due payment may result in the termination of the SEO services which may adversely affect web traffic, page rank or SEO performance.
6.11 Recurring SEO services can be terminated by the client at any point after the contractual term has expired either by prior agreement or by contacting DevWebDev.
6.12 If recurring SEO services are terminated before the end of the agreed contractual term, the client agrees to pay the termination fee agreed upon in the SEO services contract.
6.13 If the SEO services are terminated for any of the reasons detailed above, DevWebDev reserves the right to restrict access to the SEO software on the client’s website.
Web Analytics Service Terms:
7.1 The client agrees that ‘one-time’ web analytics services will be subject to a ‘one time’ fee. This will be paid by invoice unless otherwise agreed between DevWebDev and the client.
7.2 The client agrees that recurring web analytics services will be subject to monthly recurring fees. These fees will be invoiced monthly on the same day of each calendar month unless otherwise agreed between DevWebDev and the client.
7.3 The client agrees that web analytics services will not be performed by DevWebDev until the fees detailed above are paid in full.
7.4(a) The web analytics services provided by DevWebDev involve connecting the client’s website to the Google Analytics (GA4) service to process data regarding how web users interact with their website.
7.4(b) The client agrees that the web analytics services provided by DevWebDev do not guarantee that the data provided will be actionable or sufficient to develop a suitable marketing or acquisition strategy.
7.5 DevWebDev offers to set up the analytics dashboard for the client where they can see reports regarding data on users and their interaction on their website. The reports that are set up depend on the analytics service that the client has agreed upon in the web analytics service contract.
7.6 The fulfilment of these web analytics services is dependent on DevWebDev having full access to the client’s website. The client agrees that preventing or infringing website access to DevWebDev may result in these services being incomplete and may result in their termination.
7.7 The client agrees that DevWebDev has full permission to implement Google Analytics tracking codes in the client’s website.
7.8(a) The client agrees that the implementation of Google Analytics on their website will impose additional cookies which has a potential consequential effect on their cookie policy, privacy policy and their website’s GDPR compliance.
7.8(b) DevWebDev will assist the client in altering their cookie policy as a result of the Google Analytics integration but cannot guarantee that it will be GDPR compliant and the client agrees that it is their sole responsibility to ensure their website is GDPR compliant.
7.9 At DevWebDev’s discretion, the failure to make a due payment may result in the termination of the web analytics services which may adversely affect the client’s access to Google Analytics.
7.10 Recurring web analytics services can be terminated by the client at any point after the contractual term has expired either by prior agreement or by contacting DevWebDev.
7.11 If recurring web analytics services are terminated before the end of the agreed contractual term, the client agrees to pay the termination fee agreed upon in the web analytics services contract.
7.12 If the web analytics services are terminated for any of the reasons detailed above, DevWebDev reserves the right to restrict access to the web analytics software if it is hosted on the analytics account of DevWebDev.
Notification of Changes:
DevWebDev reserves the right to change these terms and conditions from time to time as it sees fit and your continued use of any of our services will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement on a regular basis.
