Website Design Terms For the purposes of this agreement, I and me refers to Thomas Albohm, simpleandfunctional.com.

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1 Website Design Terms For the purposes of this agreement, I and me refers to Thomas Albohm, simpleandfunctional.com. Agreement to terms and conditions This Agreement takes effect on the date on which the client first uses or tests services provided by me or when the client pays for his services, whichever is the earliest. From time to time, it will be necessary to update the terms and conditions and the client agrees to be bound by the new terms and conditions by their continued use of my services. Domain Names I can register Domain names on behalf of my clients. If I register a domain name, the client will be the legal owner of the domain name. I make no representation that the domain name you wish to register is capable of being registered by or for you. You must therefore not assume registration of your requested domain name until I have notified you by that the requested domain name has been registered. Domain names registered by me are usually registered for a period of 2 years. The client will be sent a reminder 30 days before the domain name expires with full details on how to renew their domain name. If the domain name is registered by a company other than me, the client has full responsibility in making sure that the domain name is renewed when due and no reminder will be issued by me before the domain name expires. Transferring a domain name from another registrar to me is usually free of charge however there will be an admin fee of 25 to transfer a domain name away from me. Web Hosting All websites created by me can be hosted free of any charge for the 1st year. After the first year the cost of my standard Web Hosting services will be charged at 60 per year. This may include up to 3 accounts. Additional services - for example a dedicated IP, SSL, 4 or more accounts, advanced anti-spam filtering, multiple domain pointing, Vimeo video hosting - are charged at additional costs. The client agrees to pay all charges for their use of my hosting services at the beginning of their hosting period. Version 1.o, March 2016 Thomas Albohm, simpleandfunctional.com Page 1 of 5

2 The client will be sent a reminder 30 days before the Web Hosting expires with full details on how to renew their Web Hosting service. I reserve the right to suspend any website where the Web Hosting has expired and the client has not paid the renewal fee. I reserve the right to charge a 50 fee to re-activate any website taken offline due to non payment of hosting fees. Web Hosting accounts not renewed after being suspended for 30 days will be permanently closed and all website files deleted. Renewal of my Web Hosting is payable annually. The date of renewal will be 1 year from the date the website was published to the Internet. The standard Web Hosting service offered by me has a maximum of 1.2GB of hosting space including all your accounts unless otherwise stated in your initial quotation. Should your hosting require more than 1.2GB of space I will advise of other Web Hosting options. Hosted Solutions Under some circumstance I may provide the client with a hosted CMS (Content Management System) web solution. This means that the functionality of the CMS may not function on Servers other than those operated by my partners. It is the client s responsibility to ascertain whether or not such a system is to be used in the development of their website. Quotations All quotations issued by me are valid for a period of 30 days after which I reserve the right to re-quote. Deposit After a price is agreed a 50% deposit will be invoiced. It must be paid and cleared in my bank account before any work starts. The remaining 50% will be invoiced after when the website is going live on the internet regardless of the involvement of other parties. The final payment must be paid within 10 days of invoice date. Websites are fully released to the client once the final payment is cleared in my bank account. If the project takes more than 2 months, I ask for an interim payment based on the work completed. This will reduce the final 50% payment. For smaller projects the deposit is at my discretion and may vary. Version 1.o, March 2016 Thomas Albohm, simpleandfunctional.com Page 2 of 5

3 Payments For Website Design Services I accept payments by BACS, and PayPal for international clients. Bank details will be made available on invoices. Invoices are due on receipt. Accounts that remain unpaid 30 days after the date of the invoice will be assessed a service charge in the amount higher of 2.5% or 25 per month of the total amount due. Payments for domain name and Web Hosting renewals must be paid for in advance. Website Copy I am not responsible for writing text content for websites. If the client cannot write suitable copy for the website then I would recommend that the client employs the services of a professional copywriter with experience of writing for websites. Website Content Ownership The client will own the copyright to the entire website and contents including all code and programming work, text copy, photos, graphics and logo after the website has been paid for in full. Logo Design I can design a logo for the client for use on their website. Upon project completion the client can request a digital copy of the logo for offline use - for example the client may want to use the logo on their letterheads, business cards, brochures etc. Timescales I will provide the client with an estimated project completion date (live on the internet) if requested. I will endeavour to meet any given completion date but I do not guarantee and am not bound in any way to complete the project by this date. I will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet estimated project completion dates. I will also not consider refunds due to websites not being completed by estimated timeframes. Version 1.o, March 2016 Thomas Albohm, simpleandfunctional.com Page 3 of 5

4 Website Maintenance and Support After a website goes live on the Internet, I will provide the client with free support should any genuine technical issues arise. Design changes requested after final payment, may be chargeable therefore the onus is with the client to ensure they are satisfied with the completed website before making the final payment. Website Updates and Rates My current Pay-As-You-Go rate for updating client s websites and other design or development work is 35 per hour, charged in half hour increments with 1 hour minimum. My current day rate is 250. Website Design Money Back Guarantee If the client is not satisfied with the first design concept provided by me, the client may request a refund. I will not agree to a refund if a website has been published to the Internet, if the client has already approved any of the designs, if the client requests design revisions or if the client fails to communicate with me for more than 30 days. I will also not agree a refund simply because the client changes their mind about having a website, working with me, or if the client cannot proceed for personal reasons. Client and Designer Contact I expects all clients to keep in contact with me during any on-going project. If I do not hear from a client for a period of 90 days then I reserve the right to ask for any outstanding balance for the project to paid before any more work is carried out. Further to this, If I do not hear from a client for a period of 6 months, I will attempt to contact the client by phone and or . If no contact can be made, I will assume the client no longer requires the website / project and the project will be cancelled and all files deleted from the server. Version 1.o, March 2016 Thomas Albohm, simpleandfunctional.com Page 4 of 5

5 Termination I expressly reserve the right to terminate or suspend the client s account without prior notice should the client fail to comply with these Terms and Conditions or fail to pay an invoice in full as in the stated payment terms as displayed on the invoice or should I deem such action necessary to protect my work and in such circumstances I will confirm such termination or suspension by subsequent notice. Exclusion of liability To the maximum extent permitted by law I exclude liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitor's or user's access to, or use of my website, any material within my website, my services, whether based in contract, tort or whether negligent or otherwise, even if I have been advised of the possibility of such damage. Complaints Any client who wishes to make a complaint concerning any of the services provided by me should initially raise the matter with me or alternatively contact me with full details of the complaint by to: thomas@simpleandfunctional.com or in writing to: Thomas Albohm 21 Sonning House Swanfield Street London E2 7LB I will response to complaints within 30 days. Jurisdiction These terms shall be governed by the laws of Country which shall claim venue and jurisdiction for any legal action or claim arising from the contract between Thomas Albohm and the Client. The said specifications are void where prohibited by law. Where one or more specifications of the said terms are held to be void or unenforceable for whatever reason, any other specifications of the terms not so held will remain valid and enforceable by law. Version 1.o, March 2016 Thomas Albohm, simpleandfunctional.com Page 5 of 5