These terms and conditions (“Terms”) govern the use of website development services (“Services”) provided by CWS, Martyn Gosling t/a Colchester Website Services.
1. Acceptance of Terms
By accessing and using our Services, you agree to be bound by our Terms. If you do not agree with any part of these Terms, do not use our Services.
2. Services
2.1 Scope of Work: The Company will provide html5 banner development, and website development services as agreed upon. If required by either party, this work can be specified in a mutually signed statement of work (“SOW”).
2.2 Payment: Payment terms, rates, and conditions for the Services will be outlined in the SOW.
2.3 Deliverables: The Company will deliver the agreed-upon deliverables according to the timelines specified in the SOW.
2.4 Changes to Scope: Any changes to the project scope must be agreed upon in writing and may result in additional charges.
3. Client Responsibilities
3.1 Cooperation: The Client agrees to cooperate with the Company, providing necessary information and feedback for the successful completion of the project.
3.2 Intellectual Property: The Client represents that all materials provided to the Company for the project are owned by the Client or that the Client has obtained appropriate rights to use them.
3.3 Approvals: The Client is responsible for providing timely approvals or feedback during the project.
3.4 Hosting Charges: The Client is responsible for all Google Cloud and Amazon AWS hosting charges.
4. Ownership
4.1 All intellectual property rights in the developed website, including but not limited to code, graphics, and content, shall be the property of the Client upon receipt of full payment.
4.2 Third-Party Materials: The Client is responsible for obtaining appropriate licenses or permissions for any third-party materials incorporated into the project.
5. Confidentiality
The Company agrees to keep confidential all information provided by the Client, except as required by law or for project-related purposes.
6. Limitation of Liability
The Company’s liability for any claim arising out of the Services shall be limited to the total amount paid by the Client for the specific Service giving rise to the claim.
7. Termination
Either party may terminate the agreement with written notice if the other party materially breaches these Terms and fails to remedy the breach within a reasonable period.
8. Governing Law
These Terms shall be governed by the laws of England and Wales.
9. Changes to Terms
The Company reserves the right to modify these Terms at any time. Changes will become effective upon posting on the Company’s website.
10. Entire Agreement
These Terms constitute the entire agreement between the Client and the Company regarding the Services and supersede any prior agreements or understandings, whether written or verbal.
11. Fitness for purpose
Whilst all work carried out by CWS, Martyn Gosling t/a Colchester Website Services, is carried out to the highest standards. Hence having produced work for Sony Marvel, Disney Marvel, Starzplay and Lionsgate, occasionally omissions and errors can happen. No guarantee is made that any of our work or services, is fit for purpose. Before going live with any project please ensure that full and independent testing is carried out by yourself or your company. This testing will be at the clients expense.