Watman & Worth Web Ltd, company number 10395519, of Erfyl House, Llanerfyl, Welshpool, Powys, SY21 0EG, includes where appropriate Watman & Worth Web Ltd employees, agents and sub-contractors.
These Terms and Conditions apply to the supply of services and products provided by Watman & Worth Web Ltd, unless otherwise agreed in writing.
1. Definitions
In these terms, unless the context otherwise requires, the following definitions will apply:
‘Client’ means the person, persons, firm or company to whom an estimate or proposal is addressed to or by or on behalf of whom an order is placed.
‘Media’ means the carrier media specified in the Proposal on which the Artwork, Software or Digital Media is recorded or printed and delivered to the Client.
‘Quotation’ means the quotation provided by Watman & Worth Web Ltd.
’Proposal’ means the document which requires a client signature and specifies details of the contract.
‘Artwork’ means the digital file containing the origination information required for printing.
‘Digital Media’ means website, Intranet, extranet, digital brochures comprising all pages including graphics, audiovisual effects, software, coding and any other material to be developed by Watman & Worth Web Ltd pursuant to the Client’s requirement.
‘Go Live’ means the date by which the product or service is required as set out in the Proposal or otherwise agreed.
'EOS' means the core CMS code upon which we build our clients sites (similar in concept to platforms such as Word Press or Drupal)
2. Permitted use
2.1 The client may may host their site on a location of their choice, but no support will be provided unless prior agreed in writing with Watman & Worth Web Ltd.
2.2 EOS remains the property of Watman & Worth Web Ltd and cannot be re-sold by the client without written permission.
2.3 When hosted away from Watman & Worth Web Ltd Servers, then it is permitted for the client to modify the base code should they wish, but Watman & Worth Web Ltd will provide no guarantee of functionality if the client does so.
2.4 The Client is permitted to sell their site as a single entity providing the buyer agrees to be bound by these same conditions.
2.5 The client has a lifetime license to use EOS with any site commissioned with Watman & Worth Web Ltd
3. Extent of permitted reproduction and rights
3.1 The Client is permitted to make a back-up copy of Artwork, Software, Digital Media and Data.
3.2 The Client shall maintain adequate security measures to safeguard the Artwork, Software or Digital Media and Data from unauthorised access use or copying.
3.3 The Client will not acquire any title, copyright or other proprietary rights unless agreed within the Proposal.
4. Payments
4.1 The Client will pay to Watman & Worth Web Ltd all fees and charges which fall due in the amounts and dates specified in the Quotation or otherwise invoiced by Watman & Worth Web Ltd. Where applicable, VAT and any other tax duties or levies will be paid additionally by the Client at the then prevailing rate.
4.2 All sums due under these terms will be paid by the Client before or on the due date of invoice.
4.3 Where a deposit is paid Watman & Worth Web Ltd will reserve the right to retain all or part of the amount paid unless otherwise agreed.
5. Defects warranty
5.1 Watman & Worth Web Ltd will not be liable for any failure of the Artwork, Software or Digital Media to provide any facility or function not described in the Proposal.
5.2 Watman & Worth Web Ltd provides no warranty on printed material, exhibition or display graphics in relation to longevity.
6. Delivery and installation
6.1 Watman & Worth Web Ltd will use its reasonable endeavours to achieve delivery, installation or go live by any specified or requested date but each such date is to be treated as an estimate.
6.2 Risk in the Media will pass to the Client on delivery.
7. Limitation of liability
7.1 Watman & Worth Web Ltd accepts no liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence).
8. Client’s information
8.1 The Client warrants that the name, address and payment information it has provided to Watman & Worth Web Ltd is correct and it agrees to notify Watman & Worth Web Ltd of any changes in such details.
8.2 The Client warrants the accuracy truthfulness and reliability of the information (including statements of opinion or advice) which it places within its printed items or on its website. The Client is solely responsible for the accuracy of files provided to Watman & Worth Web Ltd. Watman & Worth Web Ltd will take all reasonable steps to ensure the Client has an opportunity to make changes prior to the final print or website go live.
8.3 The Client will indemnify Watman & Worth Web Ltd for its reasonable costs and all damages awarded under any final judgement by a court of competent jurisdiction or agreed by Watman & Worth Web Ltd in final settlement to the extent any material provided by the Client and used by Watman & Worth Web Ltd.
9. Domain names
9.1 Watman & Worth Web Ltd reserves the right in the event of disputes concerning domain names to suspend the use of domains and take control of the domain and related web page content or redirect the homepage.
9.2 Watman & Worth Web Ltd will not accept any liability for actions taken in relation to domain name disputes and the Client hereby indemnifies Watman & Worth Web Ltd for any legal or other costs.
10. Use of website and hosting services
10.1 The Client is solely responsible for the contents of its website.
10.2 The Client’s website is subject to withdrawal without notice at the discretion of Watman & Worth Web Ltd to prevent damage to Watman & Worth Web Ltd’s system or reputation or otherwise for security when hosted on Watman & Worths Web Ltd’s servers.
10.3 The Client may not, under any circumstances, use its website to publish content which is illegal.. It is the Clients responsibility to ensure that documents or other materials made available through the Website are not protected by intellectual property laws or rights of privacy.
10.4 The Client agrees to indemnify Watman & Worth Web Ltd from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of the Client’s website, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights.
10.5 Watman & Worth Web Ltd is not responsible for any losses resulting from fraudulent activity in relation to transactions being made on the Client’s website. It is the responsibility of the Client to ensure that transactions are completed prior to dispatch of any goods ordered through the Client’s website.
10.6 Watman & Worth Web Ltd’s Content Management System software is the property of Watman & Worth Web Ltd.
11. Email hosting and services
11.1 Watman & Worth Web Ltd will under no circumstances monitor the content of any client email routed via Watman & Worth Web Ltd or systems hosted by Watman & Worth Web Ltd, save under authority of law or court order. Email is entirely the responsibility of the Client and the Client is responsible for sending email in accordance with any relevant legislation (including data protection legislation). Watman & Worth Web Ltd will take reasonable steps to ensure accurate and prompt routing of email messages but will not accept any liability for non-receipt Watman & Worth Web Ltd will not accept responsibility for losses or data or other information due to hardware failures.
12. Advertising
12.1 It is the responsibility of the Client to ensure that any statements made with advertising are correct and accurate and do not infringe upon intellectual property or other rights.
12.2 Watman & Worth Web Ltd will not accept liability for the reproduction of printed artwork once supplied to publications.
12.3 The Client agrees to indemnify Watman & Worth Web Ltd from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon information displayed within advertising.
13. Termination
13.1 If the Client fails to comply with any of the provisions of these terms and does not rectify such non-compliance within 14 working days of Watman & Worth Web Ltd’s written notice of it, Watman & Worth Web Ltd will act to terminate the contract.
13.2 Watman & Worth Web Ltd may in any event of the Client becoming bankrupt, insolvent or enters administration terminate these terms at any time providing written notice to the Client.
14. Changes to terms and conditions
14.1 We reserve the right to make changes to these terms and conditions from time to time.
15. Governing law
15.1 These terms and conditions, your use of the Website, and all matters connected with them (whether contractual or non-contractual) are governed by and shall be construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of the English courts. If you access the Website from outside the UK you are responsible for ensuring compliance with any local laws relating to access.
