1. Parties
1.1. SK WEB DESIGN & DEVELOPMENT SERVICES LTD a company registered in England (Company Reg: 13024412), Vat number: 384107401, having its registered office at 75 Shelton Street London WC2H 9JQ (“SK WEB DESIGN & DEVELOPMENT SERVICES LTD”)
And
1.2. Any person or company who undertake a contractual relationship with SK WEB DESIGN & DEVELOPMENT SERVICES LTD (The “Customer”)
2.Definition of Terms – Digital Development Projects
2.1. Proposal – a document detailing work to be completed by SK WEB DESIGN & DEVELOPMENT SERVICES LTD within the scope of a project. This is based on a review of the customers requirements and establishes the scope of a project.
2.2. Project – refers to the work detailed within the Proposal built by SK WEB DESIGN & DEVELOPMENT SERVICES LTD and agreed by the Customer.
2.3. Acceptance Period – a period if time, no more than 10 working days after the beta version of a digital development project is provided. During this time SK WEB DESIGN & DEVELOPMENT SERVICES LTD will carry out any adjustments and bug fixes to ensure the project is working in conformity with the proposal agreed with the Customer.
2.4. New Requirements – refers to any additional feature or requirement requested by the Customer that was not included within the agreed Proposal.
2.5. Third Party Works – any work, software, script or code that is not developed either by SK WEB DESIGN & DEVELOPMENT SERVICES LTD or the Customer
2.6. Project Creep – additional changes requested in the project from the agreed specification set out in the Proposal or Quotation
3.Definition of Terms – Search Engine Optimisation
3.1. Search Engine Optimization Services (hereinafter referred to as “SEO”) as described in this contract. Is defined as use specific keywords and/or phrases and other techniques to improve the search engine ranking of, and/or position the contents of the the Customer’s website.
3.2. SEO services are intended to provide the Client with increased exposure in search engines, and drive targeted online traffic to the site.
4.Digital Development Services
The following recitals refer to customers who engage SK WEB DESIGN & DEVELOPMENT SERVICES LTD for the development of digital projects such as websites or mobile applications.
4.1. Keeping The Customer Informed
4.1.1. When developing a digital project SK WEB DESIGN & DEVELOPMENT SERVICES LTD will:
4.1.1.1. Design, develop and deliver the Project as per the Proposal provided to the Customer;
4.1.1.2. Incorporate the functional features specified in the Proposal or Quotation agreed in writing by the parties, together with the Third Party Works (if any), into the project;
4.1.1.3. Keep the Customer informed of the progress of the Project during design and development via a project management tool, emails, telephone and video conferencing, as and when required.
4.1.1.4. Provide the Customer with reasonable access to the Project for testing and acceptance
4.1.1.5. Deliver the Project to the Customer in accordance with the Proposal or Quotation and agreed payment terms.
4.2. SK WEB DESIGN & DEVELOPMENT SERVICES LTD will use reasonable endeavours to perform the services in accordance with the timetable set out in the Proposal; however, SK WEB DESIGN & DEVELOPMENT SERVICES LTD cannot guarantee that that timetable will be met if there are delays from the Customer to provide the Customer Obligations or other unforeseen delays beyond the control of SK WEB DESIGN & DEVELOPMENT SERVICES LTD.
4.3. Customer Obligations
4.3.1. The Customer will provide SK WEB DESIGN & DEVELOPMENT SERVICES LTD with:
4.3.1.1. Such co-operation as required by SK WEB DESIGN & DEVELOPMENT SERVICES LTD (acting reasonably) to enable the performance by SK WEB DESIGN & DEVELOPMENT SERVICES LTD of its obligations under this Agreement; and
4.3.1.2. All information, content and documents required by SK WEB DESIGN & DEVELOPMENT SERVICES LTD (acting reasonably) in connection with the provision of the Services.
4.3.2. The Customer will be responsible for procuring any Third Party Works (such as payment gateway accounts) to enable SK WEB DESIGN & DEVELOPMENT SERVICES LTD to fulfil its obligations under this Agreement.
4.3.3. If there is delay in getting such Third Party Works by the customer beyond 10 working days, SK WEB DESIGN & DEVELOPMENT SERVICES LTD will complete the agreed works and invoice the customer for agreed charges and the customer agrees to pay the invoice within 10 working days from the date of invoice.
4.3.4. The Customer will fulfil his/her obligations for the Project in accordance with the timetable set out in the Proposal or Quotation. The Customer acknowledges that any delays in providing SK WEB DESIGN & DEVELOPMENT SERVICES LTD with essential feedback or updates during the project may cause the Project time-frame to be extended.
4.3.5. The Customer agrees that once the beta version of the Project has been provided, the payment for the Project is due. If the Customer has still not provided all content for the project at this stage, SK WEB DESIGN & DEVELOPMENT SERVICES LTD will use test content as a placeholder until the Customer adds the appropriate content via the Content Management System provided.
4.3.6. The Customer hereby agrees to pay SK WEB DESIGN & DEVELOPMENT SERVICES LTD the charges detailed and agreed in the Proposal or Quotation, as per the agreed terms of payment. If the Customer wishes to cancel the contract, the Customer agrees to pay any outstanding charges due to SK WEB DESIGN & DEVELOPMENT SERVICES LTD calculated their hourly rate.
4.3.7. SK WEB DESIGN & DEVELOPMENT SERVICES LTD may include the Credit together with a link to the SK WEB DESIGN & DEVELOPMENT SERVICES LTD website on each page of the Website in a position and in a form to be agreed by the parties. The Customer will retain any such Credit and link in any adapted version of the Website, and the Customer will (and will only) remove any such Credit and link from the Website at SK WEB DESIGN & DEVELOPMENT SERVICES LTD’s request.
5.4.Delivery and Acceptance
4.4.1. SK WEB DESIGN & DEVELOPMENT SERVICES LTD will use reasonable endeavours to deliver the project to the Customer for acceptance testing as set out in the Proposal or Quotation.
4.4.2. During the Acceptance Testing period, the Customer will carry out acceptance tests to determine:
4.4.2.1. Whether the project conforms in all material respects with the specification of the project within the Proposal or Quotation; and
4.4.2.2. Whether the project has any Defects.
4.4.3. The Customer will inform SK WEB DESIGN & DEVELOPMENT SERVICES LTD within the Acceptance Period, setting out in detail the respects in which the project does not meet the Acceptance Criteria; and
4.4.4. SK WEB DESIGN & DEVELOPMENT SERVICES LTD will amend any issues that cause the Project not to work as per the agreed Proposal or Quotation.
4.4.5. The project will be deemed to have been accepted by the Customer if:
4.4.5.1. the Customer does not give any notice to SK WEB DESIGN & DEVELOPMENT SERVICES LTD under Clause 5.4.3; or
4.4.5.2. the Customer publishes the project or uses part of it for any purpose other than development and/or testing.
5. Project Creep
5.1. If the Customer requests any additional requirement or feature that is not within the agreed quotation or proposal this is considered as New Requirements
5.2. New Requirements will be quoted for and billed at our hourly rate.
6. Deliverables
6.1. SK WEB DESIGN & DEVELOPMENT SERVICES LTD will deliver (dependent on the nature of the project):
6.1.1. All graphic design for the Project
6.1.2. Fully developed and Quality Tested Project
6.1.3. Hosting for the Project on the agreed server (for Web or App projects)
6.1.4. All photographs and icons as agreed in the Proposal or Quotation
6.1.5. An electronic copy of the full code of the Project (for Web projects)
6.1.6. All copyright and licence for life upon full settlement of invoices.
Updated: 19 th Feb 2018 (WV) In the case of refunds, The SK WEB DESIGN & DEVELOPMENT SERVICES LTD reserve the right to allow up to 21 days for the processing and completion of refund payments from the date of return of signed acceptance.
These terms and conditions are enacted in English law
If the Customer wishes to cancel the Agreement after it has sent the signed order form to the Company, the Customer must send written notice of cancellation to the Company within 7 days from the original date of signing the Order. The Customer must pay 35% of the full value of the Order (including VAT) to the Company within 7 days after cancellation. Notice of cancellation may be sent by post, facsimile or email and in the case of e-mail on receipt by the sender of a “read receipt. If the Database(s) has already been dispatched by the Company the cancellation notice will not be processed or indeed accepted by the Company.
