Shebear Technology Service Terms and Conditions
Shebear Technology is a division of Shebear Connection CIC
Our company registration number is 11869865 and the company is registered in England.
The following terms and conditions apply to all website development, add-on, support and update services provided by Shebear Technology to the Client.
Last updated: 24th July 2020
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 or agrees to go ahead with the work 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.
2. Requirements Specification
A Requirements Specification will be provided for the Client to complete. This will set out the work that is required by the Client and will be used to create the quotation. If the Client changes the requirements then Shebear Technology will review the changes and may modify the quotation. All images, text and information needs to be provided by the Client with the completed Requirements Specification before work can commence.
Charges for services to be provided by Shebear Technology are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 60 days. Shebear Technology 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 50 percent, of the project quotation total before the work is supplied to the Client for review with the remaining 50 percent due upon completion of the work. A payment plan is available on request and at the discretion of the manager.
Payment for services is due by bank transfer to Account no 28250926 Sort Code 60-83-71.
4. Client Review
Shebear Technology 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 Shebear Technology otherwise within ten (10) days of the date the materials are made available to the Client.
5. Turnaround Time and Content Control
Shebear Technology will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Shebear Technology receiving initial payment, unless a delay is specifically requested by the Client and agreed by Shebear Technology.
In return, the Client agrees to delegate a single individual as a primary contact to aid Shebear Technology with processing the commission in a satisfactory and expedient manner.
6. Failure to provide required website content:
Before the project can commence, Shebear Technology will require the Client to provide website content; text, images, movies and sound files etc. to populate the website. This is due to be provided with the Client’s completed Requirements Specification.
NOTE: Text content should be delivered as a Apple Pages, Microsoft Word, pdf file, 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.
7. Web Browsers
Shebear Technology 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. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that Shebear Technology cannot guarantee correct functionality with all browser software across different operating systems.
Shebear Technology cannot accept responsibility for web pages which do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, Shebear Technology 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.
8. Responsive to standard devices
Shebear Technology does accept responsibility for web paged to display correctly on many devices for example, mobile phone, tablet, iPad. However, the layout can be limited by the WordPress Theme if the Client decides to choose an alternative to the Shebear Technology recommended themes.
Invoices will be provided by Shebear Technology upon completion but before publishing the live website. Invoices are sent via email. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge amounting to the higher of: twenty percent (20%) of the total amount due or £30 per month, whichever is greater.
10. Additional Expenses
The Client will pay separately for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc. This will need to be purchased at commencement of the project or when it is deemed necessary.
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 Shebear Technology’s Web space, Shebear Technology will, at its discretion, remove all such material from its web space. Shebear Technology 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. Clients with accounts in default agree to pay Shebear Technology reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Shebear Technology in enforcing these Terms and Conditions.
12. Monthly subscription services
The subscription for the monthly support contract will be collected by Stripe. The Client is to provide one month notice of termination so the Stripe collection service can be cancelled in good time.
Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within seven (7) days.
All Shebear Technology services may be used for lawful purposes only. You agree to indemnify and hold Shebear Technology harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client and grants Shebear Technology 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 Shebear Technology permission and rights for use of the same and agrees to indemnify and hold harmless Shebear Technology from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website creation and/or add-ons shall be regarded as a guarantee by the Client to Shebear Technology that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
16. 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 (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Shebear Technology 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.
17. Design Credit
A link to Shebear Technology 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 £500, a fixed fee of £100 will be applied. The Client also agrees that the website developed for the Client may be presented in Shebear Technology’s portfolio.
18. Access Requirements
If the Client’s website is to be installed on a third-party server or one other than the Shebear Technology recommended hosting server, Shebear Technology must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
19. Post-Placement Alterations
Shebear Technology 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.
20. Domain Names
Domain names and hosting are purchased directly by the Client, recommended via One.com. Payment and renewal of those domain names is the responsibility of the Client. This is in accordance of Shebear Technology’s ethos of empowering the Client to be responsible for their own domain name, hosting and website. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of Shebear Technology. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text 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.
22. Governing Law
This Agreement shall be governed by English Law.
Shebear Technology 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 Shebear Technology 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. 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 clause.