Web Development, Web Design - London & Herts

By using my services and/or products, you are agree to be bound by these Terms and Conditions of Business as well as all applicable laws and regulations.

Definitions

In these terms the following terms shall have the following meanings:

Me, “I“, “The Developer”:
Me, Daniel Scott (trading as Cosine Dev), the person who owns and operates this website – see the below for more details.

This Website”: This website  (cosinedev.co.uk).

The Client”, “You”: You or your company. In cases where you outsource work to me (e.g. if you’re a web agency using me for some development work), the client/you still means “you or your company” (the person or entity that I work with and invoice). Your clients are never “the client” or “you” or “my clients”, in respect to these Terms and Conditions, or otherwise. Payments, communication and the rest of these Terms and Conditions are between me and you, and are independent of the relationship between you and your client(s), for all purposes. For example, non-payment of money owed to you by your client will not exempt you from my Terms and Conditions, payment related nor the rest. You are responsible when agreeing to these Terms and Conditions, so you should ensure, if applicable, that any other parties affected on your end (e.g. your own clients) are happy with any implications, or accommodate for my Terms and Conditions in your own as you wish.

The Project”, “The Job”: the work undertaken by me for you. The scope of the project will be outlined in writing before commencing the project.

Deliverable”: a piece of work that I produce as part of the project.

The Project Specification”, “The Project Proposal”: the written description of the final deliverable and, where applicable, the different deliverables and stages in which the project will be carried out. This will include a description of what the deliverable(s), where applicable, will look like, how they will function and their objectives. I and the client will agree upon the project specification/proposal before commencing the project. It will be used to determine if the deliverable(s) have been produced to the agreed specification. It may be changed during a project, upon agreement between myself and the client, in which case this will be logged in writing.

The Contract”: Some products and services I provide are on a contract basis. ‘The contract’ is the contract in question.

The Invoice”: the invoice I send to you, the client, for: a portion of the (or the entire) project; a contract; or for the next term of a recurring payment based service, such as hosting or support plans.

Your Website, “The client’s website”: the website I produced for the client as part of (or the entirety of) a project.

Who am I

This website is operated by Cosine Dev, a sole tradership in the UK and a trading name of me (Daniel Scott).

Arquen House
4-6 Spicer Street
Saint Albans AL3 4PQ

Quotes

I have the right to withdraw from a quote I provide at any time. Any work requested in addition to the original project proposal will be quoted separately as additional work.

Invoice Payment Deadline

Unless otherwise stated in writing, invoices for projects must be paid within 30 days from the date of the invoice. I may waive these payment terms, but this is strictly at my own discretion.

If a deliverable does not meet the project specification for the deliverable, and the client has expressed this to me in writing within 30 days of the deliverable being produced, then if the invoice has already been sent, but not yet paid, the invoice’s deadline will be delayed until such time when I have made the deliverable meet the specification.

Some products and services I provide must be paid for in advance, for example hosting, maintenance and support plans. These on-going/recurring payment based services must be paid for at the beginning of each term, where a ‘term’ is week/month/year.

Late Payment

Unless otherwise stated in writing, or waived at my own discretion, overdue payments on invoices will incur an extra charge. The interest I will charge is based on ‘statutory interest’ – this is 8% plus the Bank of England base rate. Interest will be accrued on a daily basis after the date of the invoice.

If an invoice sent to the client is overdue, then I can decline to produce any further work on the project until such time the invoice is paid. In the meantime, I reserve the right to remove any work produced for the client (which includes: taking down live websites, un-doing any SEO or other marketing work, etc).

If a late invoice is finally paid, there is a reactivation fee of £45 payable to make the site live again.

Non-payment of invoices for recurring payment based services, such as hosting, maintenance and support plans, will result in the service being deactivated with immediate effect.

Payment Schedules

I do not have a fixed payment schedule that I apply to all projects. The payment schedule will be presented and agreed upon before commencing the project. I will outline the deliverables, in writing, for each stage in the payment schedule, before the project is started. An example payment schedule is: 50% upfront, 25% once I have provided all design work, 25% once the client’s website is live. On commencing the project, the client agrees to pay the agreed amount at each stage in the payment schedule (the stages defined by the deliverables I produce, as outlined in writing before the project commenced) in accordance to the rest of these terms relating to payments. I reserve the right to not commence the project, or a stage of the project, until the client has paid the corresponding invoice.

Unless otherwise stated by me in writing, if the client decides not to continue with the project, before the final payment has been made, then the client will still pay the outstanding amount due for the project. This can be waived at my own discretion. This does not apply if the reasons for not continuing with the project are negligence on my part.

On Project Completion

The project will be complete at the time I produce the final deliverables, to the specification outlined in the original proposal (taking into account any changes to the original proposal).

Once the work has been reviewed and approved by the client at the end of the project, any further work requested by the client will be a separate project and thus involve further payment. Claims that the client’s website does not meet the original specification, or changes to it since project commencement, will not be valid after the client had reviewed and approved the work.

The client has 30 days, after the date the project is completed, to review the work and let me know of any issues. If the client does not write to me regarding any issues, within these 30 days, I reserve the right to not fix any issues regarding the delievrables not matching the project specification or other issues. If the client does inform me, correctly, of the final deliverable not matching the project specification, then the invoice payment deadline of the project’s final invoice will be delayed until such time when I have fixed the issues (if the final invoice has not already been paid).

Unless otherwise stated in writing, or at my own discretion, I will not make the client’s website live until the final payment for the project (as well as any other related costs, such as hosting) has been made.

Timings and Deadlines

I will provide a schedule for the deliverables of the project before commencing the project, however this schedule is approximate and sometimes a project may require extra time. I will endeavour to complete the project/produce the deliverables at the given dates, but this is not guaranteed. The client also understands that the project/deliverables may depend on input from the client and/or third-parties ,with which I cannot complete the deliverables, and so delays could be caused by the client and/or third-parties. Additionally, delays may be caused by non-payment of an invoice(s).

Materials Provided By The Client

The client agrees to provide any materials required to complete the project. These ‘materials’ include, but not limited to: images, text, login credentials and other sensitive information; videos and audio. If the client, after initially agreeing to supply the materials, later fails to provide the materials after the project has commenced, the client will still be liable to pay the outstanding amount due for the project. The timescale to provide the materials will be 90 days from the start of the project, which will be defined by the date of the invoice for the first payment for the project.

The client agrees that all material provided is legally allowed to be used for the project, which includes, but is not limited to: receiving permission from the original author of the material to do so.  The client agrees that, in the event of a claim under copyright law as a result of using the material the client supplied to me, the claim will be brought against the client and I will be held harmless and take no responsibility.

Use of Third-Party Services and Products

“Third-party services” and “third-party products” are any service or product that is not owned nor operated by the developer. Third-party services and products may be used by the developer or the client during and beyond a project. Such services and products include, but are not limited to:

  • Website hosting
  • Domain names (registration, parking, etc)
  • Email
  • SSL certificates
  • Firewalls
  • Video hosting, email marketing and newsletter platforms, accounting platforms, payment gateways.

I will not accept liability for any physical or financial loss, damage or inconvenience arising as a consequence of the use of any third-party services.

The client also understands and agrees that I have no control over third-parties in several aspects. The client agrees that, in the event of a change by a third-party used for a product or service I provide, I am not obligated to provide a refund (or otherwise provide compensation) for the project (or passed stages of the project) or current term of a contact, even if the change results in changes in the product/service/project/contract and/or otherwise affects the client. These changes by third-parties include, but are not limited to: price changes, changes of terms and conditions and discontinuation of services.

If the client’s website uses any third-party services which I do not own and control the account for, then any issues with the client’s website will never be my responsibility. Any promises I make to fix issues with a website or product after the related project has been completed, which I created, will not be applicable if the website or product, for example, is hosted in an account that is not owned and controlled by me. If the client’s website is using services in an account owned and controlled by me, but I have given access to the client or an associate of the client (at the client’s request), for example FTP access, then likewise any issue with the website or product, after the time of providing access, is not my responsibility.

Compatibility

Unless otherwise stated in writing, I will endeavour to make the client’s website or application functions correctly:

  • Being hosted in the environment I release it on (server, server software, software version of the relevant programming language and other dependencies).
  • Being viewed in the following browsers:
    • The latest current versions of Google Chrome and Mozilla Firefox on the latest current versions of Windows, Mac, IOS and Android.
    • The latest current versions of Safari on the latest current versions of Mac and IOS.
    • Internet Explorer 10 to the latest current version of, now called, Edge, on the latest current version of Windows.

Unless other stated in writing, I do not test on any browser other than those mentioned above. I choose the browsers (that I aim to make the client’s website compatible with) based on which browsers/browser-operating system are mostly used, rather than testing on all possible combinations and increasing the project’s cost.

I do not guarantee that the website will look and function correctly on all browsers and/or operating systems and/or devices, including those listed above.

Search Engine Optimisation Services

I give no guarantees on success when carrying out search engine optimisation work, nor any other forms of marketing.

Disclaimer

I will not accept liability for any physical or financial loss, damage or inconvenience arising as a consequence from the work carried out on the project, including work done by me or a third-party used for the project or service. I endeavour to provide a service or product of the highest quality; however, I cannot guarantee that service or product will be uninterrupted or error-free. I am not responsible for claims brought by third parties arising from the client’s use of the my services or products.

I will not accept liability for any physical or financial loss, damage or inconvenience arising as a consequence from third-party services I use to run my business and client’s accounts, which includes subscription management platforms and payment gateways.

Complying With State Laws and Rules/Regulations of Companies

I take no responsibility or liability for any laws or rules/regulations, of states or companies, being broken by the client or by the client’s use of my services/products (such as the client’s website), unless the law states that I must take responsibility under any conditions. While I may offer my opinions on some matters and/or produce products or services or work that may be regulated, the client agrees that I do not accept responsibility or liability for not complying with laws and rules/regulations of states or by-laws or any other rules set out by others. This may include, but is not limited to: privacy law (e.g. GDPR), the validity of their own Terms and Conditions, PCI-DSS compliance and copyright law. For example, if I help you write up your privacy policy, it’s fully your responsibility to ensure it’s validity and that you comply with privacy laws.

Governing Law & Jurisdiction

These terms and conditions are governed by and construed in accordance with the laws of England and Wales.

Any dispute you have which relates to these terms and conditions will be subject to the jurisdiction of the courts of England and Wales.

Changes to these Terms and Conditions

I may update these Terms and Conditions at any time without notice. Please read these Terms and Conditions before commencing a project with me. The Terms and Conditions that will apply to the project will be those that were published at the time the project started.

Last updated 1st August 2019.

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