Terms & Conditions

1. Definitions

  1. The Client (hereafter referred to as "you"): The company or individual requesting a website.
  2. Nocturnal Web Design (hereafter referred to as "we" or "us"): Me.
  3. The Website: The website you are commissioning us to create.
  4. Page: A document on the World Wide Web, consisting of an HTML file and any related files for scripts and graphics, and often hyperlinked to other documents on the Web.
  5. Service Session: The time spent dealing with a single request for service.
  6. "Pay As You Go" Service: A service option whereby a sum is charged per service session.
  7. "Contract" Service: A service option whereby an annual charge covers any service sessions for the year.

2. General

  1. We reserve the right to amend these terms and conditions as necessary and without notice.
  2. We reserve the right to refuse to accept a commission for any reason; including, but not limited to, requests to create websites with unlawful content (such as pornographic or discriminatory content).
  3. Although we strive to produce valid and accessible websites and code, we accept no responsibility for any loss or damage that may occur.
  4. Agreeing to these Terms & Conditions is a requirement of submitting an order.
  5. The views expressed in the content of the finished website will not necessarily reflect those of Nocturnal Web Design.
  6. If there are any loopholes in these Terms & Conditions, you must not exploit them.

3. Payment

  1. A non-refundable deposit of 20% of the proposed total cost of the website is required prior to commencement of work.
  2. Payment is due no later than 28 days after the issue of the invoice.
  3. We accept no responsibility for currency exchange rates.
  4. We accept PayPal and cheques.
  5. All items are charged at their current price.

4. The Website

  1. We accept no responsibility for registering domain namesb or any other related costs. We can, however, offer help and advice.
  2. We make no promises as to the time taken to create the website.
  3. We reserve the right to include the website in our Websites section with an archived version and a link to the live version.
  4. At your discretion we will use your logo as an identifier for the website in our Websites section. It you do not allow the use of your logo, we will instead use a screenshot of the relevant page.
  5. A link back to this site will be placed at the bottom of the website (or in another suitable location) crediting Nocturnal Web Design for the creation of the website.
  6. If you are selling something on the website it is your responsibility to ensure that you are allowed to sell it.
  7. Extra pages required over the 20 pages of the "Large" product will be charged at the calculated per-page cost (i.e. £675 ÷ 20 = £33.75). This applies for both the initial creation and any subsequent service sessions (cf. 6g).

5. Photos

  1. We retain all rights for all photos we take.
  2. The payment is treated as licensing the use of the photos in the website.
  3. Bespoke photos are additionally licensed for use in other materials you produce in relation to your business.
  4. Use of the photos is not permitted in a website designed by another company, although bespoke photos may still be used in other materials you produce in relation to your business regardless of the condition of the website.
  5. Where relevant (such as in said materials) credit must be given to "Richard Winskill" for the taking of the photos.
  6. The bespoke photos have a session charge to cover time and travel, however if the cost of travel exceeds the standard cost of the session then the charge will be the full cost of travel.

6. Service

  1. For "Pay As You Go" service, the amount indicated in our Packages section is payable no later than 28 days after the issue of the invoice.
  2. "Contract" service runs from the day of the receipt of payment until the previous day of the next year (e.g. 9th April 2007 to 8th April 2008).
  3. Payment for "Pay As You Go" service will be invoiced after the work has been completed.
  4. Payment for "Contract" service must be received prior to any maintenance work.
  5. The cost of the "Contract" service is non-refundable.
  6. "Contract" does not refer to a separate contract, but is merely indicative of the nature of the service option; you agree to pay an annual sum, and I agree to service the website while that payment is valid, as stated in these Terms & Conditions.
  7. If new pages are required that will move you into the next Product up, then the new pages will each cost the calculated per-page price of the new Product (e.g. if you originally paid £250 for "Small" and then request a sixth page, you will be charged £450 ÷ 10 = £45 for the sixth page). If you subsequently pass into the next Product, then its calculated per-page cost will come into effect (e.g. if you originally paid £250 for "Small" and then request more pages at £45, then the 11th page and all subsequent pages will be charged at the "Large" calculated per page cost of £675 ÷ 20 = £33.75).
  8. If all you require from a Service Session is the addition of a new page (or pages), then the appropriate calculated per-page cost (see above) will be the only fee. However, if changes are required to any existing pages then there will also be the standard charge for the Session. If you bought "Contract" Service, then that of course covers this service charge and the per-page cost will still be the only fee.

7. Hosting

  1. Hosting is only available to customers ordering websites and will only be provided while we are maintaining the website.
  2. Websites are hosted on our account with the hosting company we use ourselves. "Uptime" is out of our control, but we have had very few problems ourselves with their service so far.
  3. It is not possible for us to provide unique login details to each customer; all changes to the hosting configuration must therefore go through us.
  4. The charge for excess bandwidth will be the calculated per-gigabyte cost.
  5. The server will automatically restrict connections on "Strict" plans if the calculated daily limit is exceeded.

8. Special Offers

  1. Special Offers are valid only for the period stated.
  2. Special Offers may be combined unless otherwise stated.
  3. We reserve the right to withdraw Special Offers at any time without prior notice.