Terms & Conditions
The following terms and conditions apply to all development/design services provided by NorthernCoder, to the Client.
Once a Client makes a payment the Client will be deemed to have satisfied themselves as to these terms and conditions and have accepted them in full.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply.
Charges for services to be provided by NorthernCoder are defined in the project quotation that the Client receives. Quotations are valid for a period of 90 days.
Unless agreed otherwise with the Client, all design/development services require a minimum advance payment of 50% before work is started. A second charge of 30% percent is required upon completion of the work and before the upload to the server or the release of materials. The remaining development costs are due 30 days after upload to the server or the release of materials.
NorthernCoder reserves the right to decline further work and to remove its work from the internet, if payments are not received. NorthernCoder is not responsible for any loss of data incurred due to the removal of any service in these circumstances. The removal of service does not relieve the Client of the obligation to pay any outstanding charges. Late payments will be subject to a £25 admin fee with the reissue of the invoice.
3. Additional Expenses
The Client agrees to reimburse NorthernCoder for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
4. Web Browsers
NorthernCoder makes every effort to ensure web pages are designed to be viewed by the majority of visitors and, as such, will test all code in current versions of major browsers including those made by Apple, Microsoft and Mozilla. The Client agrees that NorthernCoder cannot guarantee correct functionality with all browser software across different operating systems.
NorthernCoder cannot accept responsibility for web pages which do not display acceptably in versions of browsers released after the project has been handed over to the Client. As such, NorthernCoder reserves the right to quote for any work involved in changing the code for it to work with updated browser software.
Without prior written agreement, copyright of the completed web designs, images, pages, code and source files created by NorthernCoder for the project shall remain with NorthernCoder.
The Client shall ensure that all media and content made available to NorthernCoder for use in the project are either owned by the Client or used with full permission of the original authors.
6. Design Credit
A link to NorthernCoder 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 10% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in NorthernCoder’s portfolio.
7. Access Requirements
If the Client's website is to be installed on a third-party server, NorthernCoder 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.
If at any stage the Client terminates the agreement, the Client agrees to pay NorthernCoder in full for the work already completed and NorthernCoder would agree to terminate the project
9. Governing Law
This agreement shall be governed by English law.
NorthernCoder 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 NorthernCoder 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 unlawful, void, or for any reason unenforceable, then that provision shall not effect the validity and enforceability of any remaining provisions. Any such invalid provisions shall be replaced by a mutually acceptable, valid provision which comes closest to the intention of the parties underlying the invalid provision.