terms & 
conditions

The following terms and conditions apply to all web design and development services provided by RxS Business Consulting Limited to the Client.

Definitions

The Client: The company or individual requesting the services of RxS Business Consulting Limited.

RxS Business Consulting Limited: Web designer and developer

The Project: Web design, development or other related services being provided to the Client by RxS Business Consulting Limited

Project Completion: Completion of components outlined in project breakdown.

Launch: Upload and publish to the server or release of materials to the Client.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Agreement

RxS Business Consulting Limited will carry out work only where an agreement is provided by email. An ‘order’ is deemed to be a written or verbal contract between RxS Business Consulting Limited and the Client, this includes phone and email agreements.

Please ensure that you read the project design, breakdown, quote and terms & conditions properly and that all details of the work are included, understood and mutually agreed on.

Timeframes

Unless otherwise agreed upon with the Client, the timescale for completion of work may vary and can take from 1 to 6 months after approval of design and plan, depending on the scale of the work. Time-frames for the project will be discussed with the Client, before the project commences. RxS Business Consulting Limited will do their best to complete the project as soon as reasonably possible.

For a high standard of quality to be produced, please allow sufficient time for the project to be completed.

Content

During the project, RxS Business Consulting Limited will require the Client to provide website content, this could include text, images, video and sound files, in addition to personal and financial information as required for the website background set up.

The Client agrees to make available as soon as is reasonably possible to RxS Business Consulting Limited all materials required to complete the site to the agreed standard and within the set deadline.

Web Design

Whilst every endeavour will be made to ensure that the website is free of errors, RxS Business Consulting Limited cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, design and graphics remain the property of RxS Business Consulting Limited until all outstanding accounts are paid in full, unless provided by the Client previously.

Web design work will be completed through a third party platform and therefore RxS Business Consulting Limited is limited to the functionality and design of that web host.

RxS Business Consulting Limited cannot take responsibility for any copyright infringements caused by materials submitted by the Client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of RxS Business Consulting Limited and where no charge is made by RxS Business Consulting Limited for such additions, RxS Business Consulting Limited accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

RxS Business Consulting Limited will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

RxS Business Consulting Limited will not be liable or become involved in any disputes between the Client and their customers and cannot be held responsible for any wrongdoing on the part of a Client.

RxS Business Consulting Limited will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Client or any of the Client’s appointed agents.

RxS Business Consulting Limited will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this. Non-payment will result in legal action being taken if necessary.

Database, Application and E-Commerce Development

RxS Business Consulting Limited cannot take responsibility for any losses incurred by the use of any software created for the Client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the Client in ensuring that all software is functioning correctly before use.

Where applications or sites are developed on servers not recommended by RxS Business Consulting Limited, the Client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the Client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

The Client is expected to test fully any application or programming relating to a site developed by RxS Business Consulting Limited before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, RxS Business Consulting Limited will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Charges

Charges for services to be provided by RxS Business Consulting Limited are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of thirty (30) days. RxS Business Consulting Limited reserves the right to alter or decline to provide a quotation after expiry of the thirty (30) days. Prices quoted are only an estimate, and may be subject to change during the process of design and build. This can be caused by the Client choosing to amend any aspect of their requirements or any third party costs which occur beyond RxS Business Consulting Limited’s control.

Charges for on-going costs are quoted on a per-project basis as necessary and at the discretion of RxS Business Consulting Limited.

Any charges incurred by international payments or international bank transfers are not the responsibility of RxS Business Consulting Limited. Therefore, any such charges must be paid, by the Client, in addition to the amounts invoiced by RxS Business Consulting Limited. Consequently, RxS Business Consulting Limited does not accept ‘shared charges’ for international bank transfers or international payments.

Payment of Accounts

Unless agreed otherwise with the Client, projects under £1000 full payment is required before work begins on the project. For all projects over £1000, a payment can be agreed before work is commenced.

Payment for third-party software and services, such as: web hosting and domain names, will be required in full.

Any additions or amendments outside of the project breakdown, which are required by the Client, will not extend the deadline of the payment of the remaining balance.

Any delays to the estimated project timeframe which are caused by the Client, will not extend the deadline of the payment of the remaining balance.

Any delays to project completion which are caused by the Client, will not extend the deadline of the payment of the remaining balance.

Payment for services is due by bank transfer. Bank details will be made available on invoices. Invoices will be provided by RxS Business Consulting Limited as agreed with the Client. Invoices will be sent via email.

For ongoing web design work, invoices will be sent monthly, unless otherwise agreed by the Client.

It is the RxS Business Consulting Limited policy that any outstanding accounts for work carried out by RxS Business Consulting Limited are required to be paid in full, no later than thirty (30) days from the date of the invoice unless by prior arrangement with RxS Business Consulting Limited.

Accounts that remain unpaid fourteen (14) days after the date of the invoice will be assessed, and a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

We will contact Clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or RxS Business Consulting Limited have not been contacted regarding the delay, access to the related website may be denied, work carried out removed and web pages removed, we will then pass such cases to the court to pursue payment, non-payment can result in court judgements being added to the Client’s credit rating.

Following consistent non-payment of an invoice our Solicitors will contact the Client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on RxS Business Consulting Limited’s web space, RxS Business Consulting Limited will, at its discretion, remove all such material from its web space. RxS Business Consulting Limited is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay RxS Business Consulting Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by RxS Business Consulting Limited in enforcing these Terms and Conditions.

Client Review

RxS Business Consulting Limited will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall project development is completed, but before upload to a server or release of the materials to the Client. The Client must inform RxS Business Consulting Limited of any amendments required within 7 days of design completion and within 7 days project development completion. At the completion of the project, such materials will be deemed to be accepted and approved.

Additional Work and Expenses

Unless otherwise agreed with the Client, if the Client would like design mock-ups of their project before the project commences, this service can be provided for an additional cost.

Please confirm immediately if any changes need to be made to the project breakdown and quote given. Any changes made after approval of the quote, including designs and any other material may incur a further charge.

Any additional work required by the Client on a previously completed project, will be considered as a separate project and will therefore incur charges of its own.

The Client agrees to reimburse RxS Business Consulting Limited for any additional expenses necessary for the completion of the work. For example, purchases of special fonts, stock photography, plugins etc.

Web Browsers

RxS Business Consulting Limited makes every effort, in collaboration with the web host, to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Mozilla Firefox, Microsoft Edge, Google Chrome, etc.). The Client agrees that RxS Business Consulting Limited cannot guarantee correct functionality with all browser software across different operating systems.

RxS Business Consulting Limited cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, RxS Business Consulting Limited reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants RxS Business Consulting Limited the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting RxS Business Consulting Limited permission and rights for use of the same and agrees to indemnify and hold harmless RxS Business Consulting Limited from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to RxS Business Consulting Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

RxS Business Consulting Limited is not accountable or responsible for the use of unlicensed copyrighted images, even if they are uploaded to the website by the RxS Business Consulting Limited team. RxS Business Consulting Limited will always advise use of purchase stock images from various stock image providers.

Design Credit

A link to RxS Business Consulting Limited will appear in either small type or by a small graphic at the bottom of the Client’s website, which 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. When total development charges are less than £1000, a fixed fee of £100 will be applied. The Client also agrees that the website developed for the Client may be presented in RxS Business Consulting Limited’s portfolio and other marketing material.

Post-Placement Alterations

RxS Business Consulting Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Domain Names, Website Hosting & Other Subscription Services

RxS Business Consulting Limited may purchase domain names, website hosting or other subscription services, on behalf of the Client. Payment and renewal of those domain names, website hosting, and other subscription services is the responsibility of the Client. The loss, cancellation or otherwise of the domain name, website hosting or other subscription services, brought about by non or late payment is not the responsibility of RxS Business Consulting Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

Indemnity

All RxS Business Consulting Limited services may be used for lawful purposes only. You agree to indemnify and hold RxS Business Consulting Limited harmless from any claims resulting from your use of our service that damages you or any other party.

Termination

Termination of services by the Client must be requested in an email and will be effective on receipt of such notice. The Client will be invoiced for project work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

If the Client has paid in advance, no refunds will be issued for the project work which has already been completed to the date of the first notice of cancellation or termination.

Termination of services by the Client, may also incur additional charges, such as: the cost of transferring website hosting, domain names or other services away from RxS Business Consulting Limited, to another provider.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by English Law.

Liability

RxS Business Consulting Limited 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 RxS Business Consulting Limited 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.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid provision.

Web Design & Development