The following terms and conditions apply to all services, including website development and design services, (the Services) provided by EA Website Design Services to the Client, in conjunction with any relevant quotation provided to the Client by EA Website Design Services (Terms), unless otherwise agreed in writing. Acceptance of a quote, purchase and/or use of the Services shall be considered acceptance of the Terms.
Definition of our terminology as used within this document:
- A ‘Project’ is website design, content or logo work undertaken or service provided by EA Website Design Services for the client on their request and as described in our confirmation order email to that Client.
- A ‘Service’ is website design, logo design, seo, ppc marketing, website maintenance or any other ongoing recurring work we undertake.
- A ‘Confirmation order email’ is an email we will send you detailing any project, service or work we undertake. This will include details of the work as well as payment terms.
- ‘You’ or ‘Client,’ is a person, persons, business or organisation using any of the services provided by EA Website Design Services.
- ‘We’ or ‘us’, means EA Website Design Services.
- ‘Live Mode’ means the date the website is available on the client’s chosen domain.
- ‘Domain’ is the website address as specified by the client.
- ‘CMS’ stands for Content Management System which is the online software used for you to update elements of the website yourself.
- ‘Hosting Fee’ is a yearly cost to keep a client’s website hosting and support active.
- ‘Content’ is both text and images that the client requires on the website.
- ‘Text Content’ is the text wording on the clients website.
- A ‘Page’ of content shall be up to 500 words.
- ‘Site’ or ‘Website’ is the website as seen on the internet and owned by the client.
- ‘Rank’ is the position of the client’s website on the search engines.
‘SEO’ (search engine optimisation) is the process of working to attempt to increase the rank of a client’s website on the search engines.
- ‘PPC’ (pay per click) is a method of advertising on the search engines whereby the client pays for each click of their advert from the user.
- Advertising Spend’ is the financial amount that you will commit to the chosen search engines for your campaign. This doesn’t include the management fee.
- ‘Management Fee’ is the charge for EA Website Design Services to manage your PPC budget.
- ‘Conversions’ is when the client receives an enquiry that has occurred due to the PPC Campaign.
- The contract between EA Website Design Services and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
- The works to be carried out shall be as set out in the EA Website Design Services invoice which can be found attached to the confirmation order email.
- EA Website Design Services will not tolerate any form of harassment against it’s employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behavior and abuse directed towards our employees thereafter any further communication must be via postal mail only.
Legalities, Copyright and Intellectual Property
- EA Website Design Services shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website, is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. EA Website Design Services reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.
- Where images used on the website have been purchased by EA Website Design Services on behalf of the client, these images are restricted by license for use on the website only and are limited to 15 images per project. EA Website Design Services are not liable for misuse of these images by the client or any other person’s copying, altering or distributing the images to individuals or other organisations.
- EA Website Design Services makes no claims that the project may be lawfully viewed or downloaded outside England and Wales. Access to this text content may not be legal by certain persons or in certain countries. If this text content is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this text content are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this text content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
- EA Website Design Services cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by EA Website Design Services.
- Email is our primary method of contact with regard to all communication for your project. Email is obviously the most efficient and cost effective form of contact. If you have any problems with the project that our team is unable to resolve by email, you can contact our project managers via the telephone support service during UK office hours on 01473 598 839.
- It is the client’s responsibility to inform us by email of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address. Some of our systems rely on this email to inform you of various important information. We also advise that client’s check junk and spam folders regularly.
- It is important for the client to keep in contact with EA Website Design Services throughout the project. If a client does not make contact for more than 2 weeks after a draft has been received, we will make up to 5 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project will be considered complete. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us. We reserve the right to levy a £100 administration fee if the client returns after an unapproved postponement where the time since last contact is less than 6 months and wishes to continue work on their project.
- If a client returns from an unapproved postponement and the last contact is more than 6 months, we shall need to provide a new quotation for the project and your original payment will be non-refundable or transferable.
Payment & Charges
- Charges for the Services are defined in the project quotation that the Client receives from EA Website Design Services via email. Quotations are valid for a period of 30 days. EA Website Design Services reserves the right to alter a quotation or decline to provide the relevant Services after expiry of the 30 days.
- Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences. The remaining percentage of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
- The Client agrees to reimburse EA Website Design Services for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) purchase of domain names, travel costs to meetings, special fonts and stock photography.
- All Charges are exclusive of VAT.
- EA Website Design Services shall submit invoices in line with the timescales above. Invoices are normally sent via email, but hard copy invoices are available on request. Payment is due on receipt of the invoice by the Client and no further work will be carried out on the project until payment has been received.
- Payment for services is due by bank transfer. Bank details will be made available on invoices.
- If the Client fails to make any payment due to EA Website Design Services by the due date for payment, then, without limiting EA Website Design Services’ remedies under or in connection with these terms and conditions, the Client shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
- 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 EA Website Design Services’ web space, EA Website Design Services will, at its discretion, remove all such material from its web space. EA Website Design Services 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 EA Website Design Services reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by EA Website Design Services in enforcing these Terms.
Paying for your project
- Payment terms for your project or service shall be set out in your confirmation order email.
- EA Website Design Services own all of any project including images and text until final payment has been received in full. On receipt of final payment full ownership of the project are handed to the client.
- All payments to EA Website Design Services for any project or service are non refundable.
- There will be no minimum term for our service but EA Website Design Services do require a minimum of 1 month notice of a client’s intention to cancel a service. Failure to provide a month’s notice will result in the next month’s invoice becoming due.
Domain Names and Links
- If required, a domain name will be registered by EA Website Design Services on behalf of the client once we have received payment in full. These are limited to .co.uk and .com, any additional domain names can be purchased for an additional charge. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within 5 working days of receipt of request.
- Domain names require yearly renewal and there is an associated fee for this. Each client who hosts their website with EA Website Design Services receives 1 free domain name renewal every 12 months as part of their hosting providing they pay their hosting renewal fee. This is limited to .co.uk and .com domains, any other Top Level Domains will carry separate charges.
- Any domain name renewal is the responsibility of the client. EA Website Design Services will attempt to contact the client by email up to 2 weeks in advance of a domain renewal being due. If the client doesn’t pay to renew their domain name, the domain name shall not be renewed. We advise that you contact us 50 weeks after you purchase or renew a domain if you wish to renew it for another year.
- EA Website Design Services provides links or references to our client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times.
- We place a small text link on the footer of our client’s website that simply states the website was designed by EA Website Design Services and links to our company website. This link can be removed, if required.
EA Website Design Services will provide the Client with an opportunity to review the appearance during the design phase and the content of the website during the content addition phase. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies EA Website Design Services otherwise within ten (10) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
- EA Website Design Services will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with Client upon EA Website Design Services receiving initial payment, unless a delay is specifically requested by the Client and agreed by EA Website Design Services.
- In return, the Client agrees to provide EA Website Design Services promptly with all necessary co-operation, information, materials and data, access to staff and timely decision-making which may be reasonably required by EA Website Design Services for the performance of the Services. This shall include the Client delegating a single individual as a primary contact to aid EA Website Design Services with progressing the commission in a satisfactory and expedient manner.
- During the project, EA Website Design Services will require the Client to provide website content; text, images, movies and sound files, along with any relevant background information within two weeks of the design sign off stage ending and the content filling stage starting. Once the initial content has been added to the site the client can make one set of amendments. Further amendments thereafter will be charged at £25 per website page.
Failure to provide required website content
- EA Website Design Services is a small business, and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
- This is why we ask that the Client provides all the required information in advance. On any occasion where progress cannot be made with the Client’s website because we have not been given the required information in the time frame above, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% of the total website project charges. If the Services involve Search Engine Optimisation we need the text content for the Client’s site in advance so that the SEO can be planned and completed efficiently.
- If the Client agrees to provide us with the required information and subsequently fail to do within two weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content must be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages must have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system the Client is able to keep your content up to date itself.
- EA Website Design Services makes every effort 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. Firefox, Google Chrome, Microsoft Edge etc.). The Client agrees that EA Website Design Services cannot guarantee correct functionality with all browser software across different operating systems.
- EA Website Design Services cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, EA Website Design Services 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.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed (including any expenses incurred, as outlined in clause 1) to the date of first notice of cancellation for payment in full within thirty (30) days.
All EA Website Design Services’ services may be used for lawful purposes only. The Client agrees to indemnify and hold harmless EA Website Design Services against all damages, losses and expenses arising as a result of any and all actions or claims resulting from the Client’s use of EA Website Design Services service.
- Background IP means any IP Rights, other than Foreground IP, that is used in connection with these Terms.
- Foreground IP means any IP Rights that arise or are obtained or developed by, or by a contractor on behalf of, either party in respect of the services and deliverables under or in connection with these Terms.
- IP Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- All Background IP, including but not limited to any IP Rights in data, files and graphic logos provided to EA Website Design Services by the Client, is and shall remain the exclusive property of the party owning it (or, where applicable, the third party from whom its right to use the Background IP has derived).
- The Client hereby grants to EA Website Design Services a non-exclusive licence to publish and use such material, which may be sub-licensed to any contractor acting on behalf of EA Website Design Services. 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 EA Website Design Services permission and rights for use of the same. A contract for website design and/or placement shall be regarded as a guarantee by the Client to EA Website Design Services that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. The Client shall indemnify and hold harmless EA Website Design Services against all damages, losses and expenses arising as a result of any and all actions or claims that any materials provided to EA Website Design Services by or on behalf of the Client infringe the IP Rights of a third party.
- All Foreground IP shall vest in and be owned absolutely by the party creating or developing it. EA Website Design Services hereby grants the Client a non-exclusive licence of such Foreground IP for the purpose of operating the website.
- Each party (the Receiving Party) shall use its reasonable endeavours to keep confidential all information and documentation disclosed by the other party (the Disclosing Party), before or after the date of these Terms, to the Receiving Party or of which the Receiving Party becomes aware which in each case relates to any software, operations, products, processes, dealings, trade secrets or the business of the Disclosing Party (including without limitation all associated software, specifications, designs and graphics) or which is identified by the Disclosing Party as confidential (the Confidential Information) and will not use any Confidential Information for any purpose other than the performance of its obligations under these Terms. The Receiving Party shall not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party. This clause shall survive the termination of these Terms for whatever cause.
- During the term of these Terms the Receiving Party may disclose the Confidential Information to its employees and sub-contractors (any such person being referred to as the Recipient) to the extent that it is reasonably necessary for the purposes of these Terms. The Receiving Party shall procure that each Recipient is made aware of and complies with all the Receiving Party’s obligations of confidentiality under these Terms as if the Recipient was a party to these Terms.
- The obligations in this clause 10 shall not apply to any Confidential Information which is:
3.1 at the date of these Terms already in, or at any time after the date of these Terms comes into, the public domain other than through breach of these Terms by the Receiving Party or any Recipient;
3.2 furnished to the Receiving Party or any Recipient without restriction by a third party having a bona fide right to do so; or
3.3 required to be disclosed by the Receiving Party by law or regulatory requirements, provided that the Receiving Party shall give the Disclosing Party as much notice as reasonably practicable of the requirement for such disclosure.
- All tangible forms of Confidential Information, including, without limitation, all summaries, copies, excerpts of any Confidential Information whether prepared by the Disclosing Party or not, shall be the sole property of the Disclosing Party, and shall be immediately delivered by the Receiving Party to the Disclosing Party upon the Disclosing Party’s request or the termination of these Terms (whichever is earlier). The Receiving Party shall not copy, reproduce, publish or distribute in whole or in part any Confidential Information without the prior written consent of the Disclosing Party.
- For the purposes of this clause, Data Protection Law means the General Data Protection Regulation (EU) 2016/679, the Data Protection Act 2018, any other data protection and/or privacy laws applicable to Ea Website Design Services, and any applicable laws replacing, amending, extending, re-enacting or consolidating the above from time to time.
- Both parties will comply with all applicable requirements of Data Protection Law. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under Data Protection Law.
- The Client will comply with Data Protection Law in connection with the collection, storage and processing of personal data (which shall include you providing all the required fair processing information to, and obtaining all necessary consent from, data subjects), and the exercise and performance of your respective rights and obligations under these terms and conditions, including all instructions given by the Client to EA Website Design Services and maintaining all relevant regulatory registrations and notifications as required under Data Protection Law.
- The parties acknowledge that if EA Website Design Services processes any personal data on the Client’s behalf when performing its obligations under this agreement, the Client is the controller and EA Website Design Services is the processor for the purposes of Data Protection Law.
- The scope, nature and purpose of processing by EA Website Design Services, the duration of the processing and the types of personal data and categories of data subject are set out in our Privacy Notice and the project quotation.
- In relation to the processing of personal data under these terms and conditions, EA Website Design Services shall:
6.1 process personal data on the Client’s behalf only on and in accordance with the Client’s documented instructions as set out in this clause 11 (as updated from time to time by agreement between the parties), unless required to do so by applicable law; in such a case, we shall inform you of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
6.2 ensure that persons authorised to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
6.3 implement and maintain appropriate technical and organisational measures in relation to the processing of personal data; you hereby acknowledge that you are satisfied that our processing operations and technical and organisational measures are suitable for the purposes for which you propose to use our services and engage us to process the personal data;
6.4 promptly refer all data subject requests we receive to you and, taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR;
6.5 assist you in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of processing and the information available to us and only in the event that you cannot reasonably be expected to comply with the requirements of Articles 32 to 36 without our information and/or assistance (e.g. you do not possess or otherwise have access to the information requested). We may charge our reasonable costs on a time and materials basis in providing you with such assistance;
6.6 retain personal data in accordance with the retention periods set out in our Privacy Notice;
6.7 make available to you all information necessary to demonstrate compliance with the obligations laid down in Article 28(3) and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you provided: (i) you give us at least 7 days prior notice of an audit or inspection being required; (ii) you give us a reasonable period of time to comply with any information request; (iii) ensuring that all information obtained or generated by you or your auditor(s) in connection with such information requests, inspections and audits is kept strictly confidential; (iv) ensuring that such audit or inspection is undertaken during normal business hours, with minimal disruption to our business; (v) no more than one audit and one information request is permitted per calendar year; and (vi) paying our reasonable costs for assisting with the provision of information and allowing for and contributing to inspections and audits;
6.8 take reasonable steps to ensure the reliability of anyone who we allow to have access to personal data, ensuring that in each case access is limited to those individuals who need to know or access the relevant personal data, as necessary for the purposes of the Terms; and
6.9 notify the Client without delay (and if possible within 24 hours) upon us or any sub-processor becoming aware of a personal data breach affecting personal data processed on the Client’s behalf, providing the Client with sufficient information to allow you to meet any obligations to report or inform data subjects of the personal data breach./ul>7. The Client hereby gives EA Website Design Services consent to engage sub-processors for processing of personal data on your behalf. We shall inform the Client before transferring any personal data processed on your behalf to a new sub-processor. Following receipt of such information you shall notify us if you object to the new sub-processor. If you do not object to the sub-processor within seven calendar days of receiving the information, you shall be deemed to have accepted the sub-processor. If you have raised a reasonable objection to the new sub-processor, and the parties have failed to agree on a solution within reasonable time, the Client shall have the right to terminate these Terms with a notice period determined by the Client, without prejudice to any other remedies available under law or contract. During the notice period, we shall not transfer any personal data processed on the Client’s behalf to the sub-processor.
- EA Website Design Services shall enter into appropriate written agreements with all of its sub-processors on terms substantially similar to these Terms. We shall remain primarily liable to the Client for the performance or non-performance of the sub-processors’ obligations. Upon your request, we are obliged to provide information regarding any sub-processor, including name, address and the processing carried out by the sub-processor.
- We will not transfer personal data processed on your behalf to a country outside the United Kingdom which is not recognised by the European Commission to have an adequate level of protection in accordance with Data Protection Law unless the transfer is effected by such legally enforceable mechanism(s) for transfers of personal data as may be permitted under Data Protection Laws from time to time.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (Word or Google Docs delivered via USB drive, e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by EA Website Design Services to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
Design Credit and Marketing
- A link to EA Website Design Services 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. When total development charges are less than £5000, a fixed fee of £500 will be applied.
- The Client agrees that the website developed for the Client may be presented in EA Website Design Services’ portfolio, and hereby grants EA Website Design Services a worldwide, perpetual, non-exclusive licence to use its name, logo and branding for advertising, marketing and promotional activities.
Third Party Servers
- EA Website Design Services designs and tests websites to work on its own servers, and cannot guarantee correct functionality if the Client wishes to use a third-party server. In the event that the Client is using a third-party server, it is the responsibility of the Client and any third party host to ensure that the server is compatible with the website. EA Website Design Services will assist the Client to configure the server if this is required. However, this may be subject to additional charges.
- If the Client’s website is to be installed on a third-party server, EA Website Design Services 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.
- In the event that the Client wishes to make alterations to the website once installed, the Client agrees to give EA Website Design Services the opportunity to quote to provide such alterations. There is no obligation on the Client to accept the quote provided by EA Website Design Services.
- EA Website Design Services cannot accept responsibility for any alterations caused by the Client or a third party occurring to the website once installed. Such alterations include, but are not limited to additions, modifications or deletions.
EA Website Design Services may purchase domain names on behalf of the Client. Payment in relation to, and renewal of, those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of EA Website Design Services. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Third Party Products
Any third party software which EA Website Design Services agrees to provide shall be supplied in accordance with the relevant licensor’s standard terms. The one-off licence fee for such third party software is included in the Charges payable pursuant to clause 1.
- These Terms constitute the entire agreement between the parties and supersedes all previous representations, promises, assurances, warranties, understandings and agreements between them, whether written or oral, relating to their subject matter.
- A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
- These Terms do not give rise to rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms.
- No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
- A notice given to a party under or in connection with these Terms shall be in writing and in English, by email or next working day delivery service. Notices to the Client shall be sent to the email address or address last notified to EA Website Design Services. Notices to EA Website Design Services shall be sent to the email address or address set out at www.eawebsitedesignservices.co.uk/contacts
EA Website Design Services will honour the components of your chosen digital marketing scope of work, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
- Nothing in these Terms shall operate to exclude or limit either party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud; or (c) any other liability which cannot be excluded or limited under applicable law.
- EA Website Design Services shall not be liable under or in connection with these Terms or any collateral contract for any: (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or reputation; (g) loss of, damage to or corruption of data; (h) any indirect or consequential loss; (i) loss or damage caused by any inaccuracy, omission, delay or error, whether as a result of negligence or other cause in the production of the website; or (j) loss or damage to the Client’s artwork/photos supplied for the website, whether as a result of negligence or otherwise.
- The entire liability of EA Website Design Services 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 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 original provision.
Governing Law and Jurisdiction
- These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
- Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
EA Website Terms and Conditions Updated 1st December 20214