Terms & Conditions

Definitions

• A 'Client' is a person, persons, business or organisation using any of the services provided by JKE Web Design Ltd.
• 'Live' means the date the website is available on the Client's chosen domain.
• 'Domain' is the website address as specified by the Client.
• 'Hosting' is a yearly cost to keep a clients website activated online.
• 'Content' is both text and images that the Client requires on the website.

Terms & Conditions

• The contract between JKE Web Design Ltd and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

Contact

• Email will be the method of contact with regard to all communication. Although JKE Web Design Ltd can be contacted by telephone on 01623 820933 or 07803 619312, we will use email as our method of communication and therefore it is the Client's responsibility to inform us of any change in email address so we always have up to date email contact details. JKE Web Design Ltd can not be held liable in any way relating to communication issues if we are not supplied a valid email address. JKE Web Design Ltd will acknowledge all emails within 3 working days.

Billing

• JKE Web Design Ltd will only commence development work on a Project after receipt of a non refundable, deposit of up to 50% of the quoted Project fee dependant on the project size from the Client. The final payment is to be made on completion of the website. The website will be switched to Live once the Clients remaining balance is paid in full.
• Clients are required to make payments within 30 days from the date of issue of any invoice sent from JKE Web Design Ltd to the client. JKE Web Design Ltd reserves the right to claim interest on overdue payments at the rate of 8% plus the Bank of England base rate plus a late payment fixed charge of £40. Please inform JKE Web Design Ltd as soon as possible if payment cannot be made within 30 days to arrange a payment date or alternative payment options.
• The deposit paid to JKE Web Design Ltd covers the cost of design work carried out as well as any administration and communication with JKE Web Design Ltd. The deposit is non refundable.
• The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by JKE Web Design Ltd or the Client.
• JKE Web Design Ltd reserves the right to suspend a website if an account is more than 30 days overdue.

Limitation of Liability

• JKE Web Design Ltd expects the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. JKE Web Design Ltd will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of the site owner.
• JKE Web Design Ltd cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by JKE Web Design Ltd.
• All images displayed on the Client's website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or JKE Web Design Ltd, they will be the sole responsibility of the Client.
• Where images used on the website have been purchased by JKE Web Design Ltd on behalf of the Client, these images are strictly for use on the website only. JKE Web Design Ltd are not liable for misuse of these images by the Client or any other person's copying, altering or distributing the images to individuals or other organisations.
• JKE Web Design Ltd has no control of, or responsibility for, the content of Client's websites. In no way does the textual or image based Content of our Client's web sites constitute JKE Web Design Ltd endorsement, or approval of the website or the material contained within the website. JKE Web Design Ltd has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. JKE Web Design Ltd provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.

Website Optimisation

• Where asked to provide search engine optimisation for a Client, JKE Web Design Ltd does not guarantee any specific placement or high ranking on search engines.
• The methods by which search engines determine page rankings and index positions for URLs changes frequently and often without warning. For this reason SEO is an ongoing commitment. JKE Web Design Ltd does not warrant that any position achieved in the listings of any specific search engine will be maintained.

Project Completion

• JKE Web Design Ltd will provide the Client with an expected completion date for the Project (live on the internet) if requested. JKE Web Design Ltd will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by JKE Web Design Ltd is purely an estimate.
• Ownership and Copyright
  • Copyright Retained by JKE Web Design Ltd
    JKE Web Design Ltd retains full copyright and all intellectual property rights in the website design, code, and all materials created during the project, whether delivered or not, unless a separate written copyright assignment is agreed and signed by both parties.
  • Licence to Use Upon Final Payment
    Upon receipt of final payment in full, the Client is granted a perpetual, non-exclusive, non-transferable licence to use the website design and code for its intended purpose. This licence does not permit resale, replication, or reuse in other projects without written permission from JKE Web Design Ltd.
  • Open Source Software
    Any Open Source Software used within the project is provided under its respective licence terms, which shall take precedence for those components.

Client Meetings

• Online Meetings Preferred
  JKE Web Design Ltd prefers to conduct meetings online (e.g., Teams or Zoom) whenever possible.
• On-Site Meetings
  • JKE Web Design Ltd provides one free, one-hour on-site visit to a client within a 20-mile radius of our office.
  • Additional on-site visits, or visits beyond 20 miles from our office, are charged at our standard hourly rate +VAT, calculated from Google Maps travel time plus meeting time (minimum 30 minutes). Payment is required before the meeting.
• Client Visits to JKE Web Design Ltd
  Clients may visit our office by prior agreement at a mutually convenient date and time.

Project Cancellation

• Termination by the Client
  A project may be cancelled by the Client at any time in writing. In the event of cancellation any deposit paid will be non refundable. Where the cost of the work effort and expenses incurred in execution of the project up to the date of cancellation exceeds the deposit amount, the difference will be payable by the client.
• Termination by JKE Web Design Ltd
  JKE Web Design Ltd reserves the right to terminate the project or contract at any time, for any reason, by giving written notice to the Client. In the event that JKE Web Design Ltd exercises this right:
  • Full Refund
    JKE Web Design Ltd will issue a full refund of all monies received from the Client in relation to the project, including any deposits or stage payments.
  • No Further Liability
    Upon issuing the refund, JKE Web Design Ltd shall have no further liability to the Client, whether in contract, tort, or otherwise, for any loss, damage, costs, or expenses arising from or in connection with the termination.
  • Intellectual Property
    All intellectual property rights in materials created by JKE Web Design Ltd remain the property of JKE Web Design Ltd unless expressly transferred after termination by written agreement.

Compatibility

• JKE Web Design Ltd will endeavour to ensure that any designed and/or developed site will function correctly on the server it is initially installed in and that it will function correctly when viewed with common modern web browsers shown below:
  • IE8 or later
  • Firefox 14 or later
  • Opera 11 or later
  • Safari 5 or later
  • Google Chrome 19 or later

Domains

• A domain name will be registered by JKE Web Design Ltd on behalf of the client once we have received the deposit. If a Domain has already been purchased by the client JKE Web Design Ltd can arrange to transfer the domain if instructed to do so by the client.
• It is the responsibility of the Client to renew their domain names when due. If a domain name expires, JKE Web Design Ltd can not be held liable for this. However, JKE Web Design Ltd will make reasonable effort to contact the Client regarding domain renewal.
• If a Domain name is purchased by the Client through a company other than JKE Web Design Ltd, the Client has full responsibility in making sure that the domain name is renewed when due. JKE Web Design Ltd will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than JKE Web Design Ltd.
• If your registration has expired there is no guarantee JKE Web Design Ltd will be able to re-register your domain name.
• JKE Web Design Ltd is not a domain registrar. JKE Web Design Ltd acts as a domain registration management agent.

Hosting

• Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if JKE Web Design Ltd cannot contact the Client, Payment is not received before the expiry date or the Client requests for JKE Web Design Ltd to not manage hosting this site.
• Clients must not participate in any form of unsolicited bulk e-mailing or spamming from their hosted domain and by doing so are breaking these terms and conditions and run the risk of website suspension.
• JKE Web Design Ltd will not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services or down time of server.
• If the Client does not use JKE Web Design Ltd provided Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.

3rd Party

• If the client requests FTP or Admin access to their website/server which is under a managed hosting plan, they are automatically accepting all liability and responsibility for the running and management of the website/server and all associated files. JKE Web Design Ltd will no longer support the website/server and will not accept responsibility for any problems that may arise as a result of work done by a 3rd party.
• If the client gives CMS Admin access to a 3rd party the client is accepting liability for any problems with content or functionality that can be influenced by editing, removing, adding or updating plugins and/or settings.
• Any issues arising that require JKE Web Design Ltd to resolve will be charged at our standard hourly rate.

General

• JKE Web Design Ltd shall place a small text link on the footer of a Client's website that simply states the website was designed by JKE Web Design Ltd and links to our company website. JKE Web Design Ltd may also create a page to describe and display the work done on the website for our portfolio.
• It is the Client's responsibility to check with JKE Web Design Ltd whether Open Source Software is being used or not.