Terms & Conditions for Web Design

The following terms and conditions apply to all website development / design services provided by Step Ahead Digital to the Client.

1. 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.

2. Charges

Charges for services to be quoted by Step Ahead Digital are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 14 days. Step Ahead Digital  reserves the right to alter or decline to provide a quotation after expiry of the 14 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty percent (50%), of the project quotation total before the work is supplied to the Client for review or the website to be made live with the remaining fifty percent (50%), of the project quotation total due upon completion of the work, or after thirty (30) days from the initial payment, whichever is sooner, prior to upload to the server or release of materials.

3. Client’s Review

Step Ahead Digital will provide the Client with an opportunity to review the look and feel and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Step Ahead Digital otherwise within fourteen (14) days of the date the demo website is made available to the Client.

4. Turnaround Time and Content Control

Step Ahead Digital will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Step Ahead Digital receiving initial payment, unless a delay is specifically requested by the Client and agreed by Step Ahead Digital.

In return, the Client agrees to delegate a single individual as a primary contact to aid Step Ahead Digital with progressing the commission in a satisfactory and expedient manner.

During the project, Step Ahead Digital will require the Client to provide website content; text, images, Video files and sound files etc. to populate the website.

5. Failure to provide required website content:

To remain efficient, Step Ahead Digital 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 Client’s work is completed at the time arranged.

This is why Step Ahead Digital ask Client to provide all the required information at least one (1) week prior to the agreed completion date. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 15%.

If you agree to provide us with the required information and subsequently fail to do before the agreed time, one (1) week prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately.

NOTE: Text content should be delivered as Microsoft Word, (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

If you are commissioning a CMS website you will be provided with a content management system so that you are able to keep your content up to date yourself.

6. Payment

Invoices will be provided by Step Ahead Digital upon completion but before publishing the live website. Invoices are sent via email. Invoices are due upon receipt. Accounts that remain unpaid fourteen (14) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or £30 per month of the total amount due, whichever is greater.

7. Additional Expenses

Client agrees to reimburse Step Ahead Digital for any additional expenses necessary for the completion of the work. Such as purchase of special fonts, stock photography, plugins etc.  This payment will be required prior to the purchase of the additional required materials.

8. Web Browsers

Step Ahead Digital 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, Microsoft Edge, Google Chrome, etc.).  The client agrees that Step Ahead Digital cannot guarantee correct functionality with all browser software across different operating systems.

Step Ahead Digital cannot accept responsibility for web pages which do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, Step Ahead Digital 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.

9. 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 Step Ahead Digital’s Web space, Step Ahead Digital will, at its discretion, remove all such material from its web space. Step Ahead Digital can not be held 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 Step Ahead Digital reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Step Ahead Digital in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity

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

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Step Ahead Digital 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 Step Ahead Digital permission and rights for use of the same and agrees to indemnify and hold harmless Step Ahead Digital 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 Step Ahead Digital that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. 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 (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Step Ahead Digital 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.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, Step Ahead Digital 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.

16. Post-Placement Alterations

Step Ahead Digital 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.

17. Domain Names

Step Ahead Digital can purchase domain names on behalf of the Client.  Payment 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 by the client is not the responsibility of Step Ahead Digtal. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text  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.

19. Governing Law

This Agreement shall be governed by English Law.

20. Disclaimer of Warranties

20(a) The Website is provided “as is”. Step Ahead Digital and its suppliers and licencors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchant ability, fitness for a particular purpose and non-infringement. Neither Step Ahead Digital nor its suppliers and licencors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. Client understands that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

21. Limitation of Liability

Step Ahead Digital 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 Step Ahead Digital 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.

21(a) In no event shall Step Ahead Digital, or its suppliers or licencors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Step Ahead Digital under this agreement during the twenty four (24) month or fourty eight (48) months period prior to the cause of action. Step Ahead Digital shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

21(b) The Client agrees that Step Ahead Digital shall not be held liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, internet failures, web hosting server failures, telecommunication problems, software failure, hardware failure, third party interference, discontinuation and/or interruption of third party services, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

21(c) Step Ahead Digital shall not be held liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

16(d) For an E-commerce website designed by Step Ahead Digital for the client, Step Ahead Digital shall not be held liable for any payment matters or losses between the client and their customers, loss of sales of products or services.

21(e) Step Ahead Digital 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.

21(f) The entire liability of Step Ahead Digital 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.

22. Client’s Responsibility for Website Content and Images

• The Client acknowledges that they are solely responsible for the content, media, and images used on their website created by Step Ahead Digital.
• In cases where Step Ahead Digital supplies stock images for the website design, reasonable efforts will be made to obtain images from reputable free-to-use image repositories to ensure copyright compliance.
• However, Step Ahead Digital disclaims any legal responsibility or liability for the copyright status of such stock images. The Client understands that any legal obligations or liabilities related to the usage of these images remain the sole responsibility of the Client.
• The Client agrees to provide alternative images or media in place of the stock images provided by Step Ahead Digital, if necessary, to ensure compliance with copyright laws, prior to the official launch of the website.
• By engaging with Step Ahead Digital’s services, the Client agrees to indemnify and hold Step Ahead Digital harmless from any claims, demands, losses, liabilities, or expenses (including legal fees) arising out of or in connection with the content, media, or images used on the website.
• The Client represents and warrants that they have obtained all necessary permissions, licenses, and rights for the use of any content or media provided to Step Ahead Digital for inclusion on the website.
• Step Ahead Digital retains the right to suspend or refuse to launch the website if it becomes aware of any copyright infringement or potential legal issues related to the content or images provided by the Client.
• By proceeding with the services provided by Step Ahead Digital, the Client acknowledges their understanding and agreement to the terms outlined above.

23. 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 clause.