Last Update : 27/10/20

Please read these Terms and Conditions carefully as they will form a contract between us and you; your acceptance of which is agreed from any first payment related to a website project.

We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions however, please do not hesitate to contact us.

Terminology:

• You ­ (‘the Client’)
• Us ­ (Ohlo Websites – Part of the Ohlo Group Ltd, and hereinafter referred to as ‘the Company’)
• The Project ­ the body of work that is being undertaken as agreed.

What do both parties agree to?

The Client agrees to:

• Provide the Company, within a reasonable timescale, everything that is requested from you to complete the Project­ including text, images and other information.
• Provide the Company with text and images in the format as stated below (see photographs and images)
• Review the Company’s work, provide feedback, and sign off approval in a timely manner.
• Make every effort to adhere to all agreed deadlines.
• Adhere to any payment schedule laid out within our agreements, or separately for bespoke work.
• Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
• Provide a minimum of 30 days notice in writing, or by email should you wish to cancel any contract.

The Company agrees to:

• Carry out services in a professional and timely manner.
• Make every effort to adhere to any deadlines agreed between us and you.
• Make a reasonable number of revisions to the design, layout, colours etc, until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 2 major revisions.
  • Additional revisions or design work outside the scope of the project will be charged separately.
  • Additional revisions or design work after the agreed build has started will be charged separately.
• Endeavour to complete requested website design revisions or updates within a timely manner, wherever possible.
• Maintain up to date skills and knowledge through regular training and research.
• Contact you before the end of the first 12 month period, to discuss the various options
  open to you for continuing website maintenance and support and/or hosting.

Website Development:

• All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touchpads. However, the Company cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors.
• The Company cannot guarantee compatibility in old or redundant browser software.

Payments and Maintenance Charges:

• All payment schedules can be found on our website (ohlowebsites.com), or will be agreed separately for bespoke work.
• The company has the right to charge the client up to 85% of the total web development costs, should the client cancel the website agreement after the RFI has been completed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
• Any and all annual charges are non-refundable.
• Any alterations made to per annum maintenance payments to reflect new or changed contracts are the sole responsibility of the client. Overpayments to the Company will not be reimbursed to the Client. Underpayments or missed payments, however, shall be backdated and the Client shall be responsible for bringing their account up to date within a reasonable period of time.
• All contracts are subject to a 12 month rolling maintenance charge per annum, though the first year may be included in the initial payment for the site if stated.
• Per annum maintenance charges do not cover re-designs or site revisions, they do however cover software updates and server costs associated with the originally purchased plan. Any site upgrades which increase server or software requirements will increase the maintenance contract respectively from the date of change.
• Agreed per annum maintenance contracts do not cover server capacity upgrades of any kind, any additions to server capacity or spec are chargeable to the client.
• The Company requires a minimum 30 days notice to cancel any rolling maintenance contract.

Content Management Systems:

• All packages will be developed using a Content Management System (CMS), The company uses the WordPress & Woocommerce Platform exclusively.
• Any associated or additional fees, such as installation, setup, testing and introductory training pertaining to Content Management Systems or E­Commerce Management Systems are covered within your chosen package.

Photographs and Images:

• Any images or photographs that you supply should be in digital format, usually no smaller than 1024×768 pixels, with a suitable resolution that will allow them to be resized and used on screen. 
• Any images that the company is asked to obtain from third party photographers or stock photography will be charged as an additional cost.
• The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend the Company and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
• Evidence of ownership or permissions may be requested by the Company.

The Copyright:

• After the initial 12 month period, copyright is automatically assigned as follows:
• The Client will own, or have express permission to use, the text files, images, graphics and any visual elements, video or sound bytes, that you may have sent to us to use in connection with the project.
• The company will maintain copies of all the files used in connection with your project. Copies of the website files are maintained by us for a reasonable time (usually at least one year), and if you are hosting with us, then files are maintained both locally and on external servers.
• The copyright to the markup, CSS files, other code that may have been used by us for you, or certain images that the company may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside. If you own the domain name, then you own the copyright.
• At the bottom of the website page(s) after payment has been completed, usually it will say Copyright and the name of your business or company. The Company does however reserve the right as the Company responsible for the design and/or development to place a small and unobtrusive link at the bottom of your website, thereby not hindering or distracting from your own website design.
• As the design company the company also reserves the right to display and link to your completed project as part of our portfolio, and to write about the project on other websites, in magazine or ezine articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you DO NOT want us to add your site to our portfolio of work.

Hosting:

To ensure superior levels of reliability and performance, all our clients websites are hosted on a high speed, state of the art managed dedicated server which utilizes a guaranteed minimum uptime service availability level of 99.95%. Details of the exact specification of our servers are freely available to all our clients and will be given upon request.

Liability:

The company will not be held liable for any missed launch date or deadline, if the Client has been late in supplying materials, or has not approved or signed off work on­time, at any stage.

Confidentiality:

The Company adheres to all national and EU data protection, data transfer, data retention, GDPR and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.

General:

• A website will not launch until payment has been completed, unless special agreement has been reached in advance.
• Additional costs for extra features and/or additional design costs, not covered by our standard packages, will be agreed and invoiced before the website goes live.
• There may be an additional fee for any design changes requested after the initial agreed design has been signed off.
• The Company is not responsible for writing or inputting any text copy unless this has been specified by the client.
• The Company is not responsible for creating products for the clients website(s). This service would be separately chargeable and not included within our packages.
• If you are hosting the website elsewhere, the Company cannot guarantee that the website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc.
• If the website is to be hosted elsewhere, then the client will still pay the same annual fee as agreed.
• The company does not offer any technical support for any other web site hosting company that you may choose (if you elect not to host the website with us).
• The company cannot guarantee that the functions contained within any web page (or part of your website design), will always be error free, and therefore the company will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
• The Company is not responsible for any claims made on the Clients website or the legal implication of them. Any and all legal responsibility for the website lies solely with the client, the company accepts no liability in this regard and is exempt from any legal responsibilities, charges or fines associated with the site or Client.
• If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
• Just the same as a fine, you cannot transfer this contract to anyone else without our consent or permission.
• This contract remains in force and need not be renewed.
• Although the company has tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of English Law and Courts.

Additions or costs not covered by the Company:

Whilst this list is not exhaustive it is intended to highlight examples of anything not covered by the Company for the Client within the purchase of our services. The Company reserves the right to refuse to cover the cost of anything above or beyond items on this list in the future. If in any doubt the Client should assume additional costs are not covered and request written confirmation from the Company.

• Any costs or time relating to the creation of website content, eg text, imagery or video.
• Any images that the company is asked to obtain from third party photographers or stock photography will be charged as an additional cost.
• Any costs relating to the Clients CRM systems.
• Any transaction charges to any third parties in relation to e-commerce activities.
• Any financial loss due to fraud, online, or sales activities of the company.
• Any costs relating to either marketplace application or ongoing costs, eg Facebook, Google Shopping, Bing, Ebay, Amazon etc.
• Any costs relating to email and social media marketing platforms.
• Any costs relating to accounting packages, e.g. Xero, Sage or Quickbooks.
• Any costs relating to review platforms eg Trustpilot, set-up, or subscription.
• Any costs relating to application or affiliation to any 3rd party eg. Amazon, Ebay
• Any cost relating to shipping the clients products or obtaining shipping api for the package.
• Any costs relating to the creation or edits to 3D or 2D product models for the Clients website.
• Any costs relating to the Clients CRM.
• Any costs relating to stock management.
• Any costs relating to the Clients ERP.
• ERP integration costs.
• Any custom functionality or additions beyond the scope of the Clients selected package.
• Any cost associated with the purchase or renewal of domains.
• Any upgrades to the Clients server beyond the scope of the Clients selected package.
• Any site upgrades to become compliant with future or current local or international legislation beyond the scope of the Clients selected package.
• Additional Staff Training beyond the scope of the Clients selected package.

Changes to these Terms and Conditions:

The Company reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to download or print from our website.