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Stephen

Tucker

01. Welcome!

03. About Me

04. Portfolio

The following terms of contract are between you (my client) and me (Stephen Tucker).

Before commencing basic web page design, you should pay to me the first payment set out in my proposal letter and/or email(s) (taken together, “the proposal”). Payment confirms your acceptance of the following:

The main aim of my services will be to provide to you to the best of my abilities with quality work as set out on in the proposal. You should note that on certain but rare occasions I may subcontract certain services as I see fit. These services are considered ‘expenses’ and must be paid in addition my personal labour payment. The use of expenses will be discussed with you beforehand.

All payments must be made in GB Pound Sterling.

These terms of contract may be amended from time to time. In the event this happens you will not be notified.

Work outside the proposal

Anything not listed within the immediate proposal is covered in my service to you.

Ownership and copyright

All Web pages, designs, underlying coding and other works (including copyright where relevant) will remain my property and title or the right to use any of this intellectual property shall not pass to you until such time as full and final payment has been made in accordance with the proposal (as modified if relevant by any other agreements made with you that may affect the amount of work to be done or services to be provided).

Security and data protection legislation

Websites, their servers, their supporting databases and other hosting elements such as mail servers are sometimes subject to attack by malicious individuals (‘hackers’). In such an eventuality, you will not hold me responsible for the consequences of such attacks.

Should you require additional security over and above that provided by your host then you should specify what is required and I will provide a separate estimate and/or involve a specialist security consultant in the design of the site, selection of host etc.

Information held on individuals on web servers and/or gathered by forms on a website and delivered to your computer is subject to legislation on privacy and the Data Protection Act (see below). You may be obliged to register with the Information Commissioner's Office (www.informationcommissioner.gov.uk).

Unless otherwise agreed, you will provide me with the content required to deal with your obligations under the legislation and specific instruction on any steps required to handle the information.

[The Data Protection Act 1998 requires many UK-based organisations (including sole traders) that hold information about living, identifiable individuals to register their use of 'personal data' and be open and clear about the way such information is used. Organisations need to abide by a set of legally enforceable rules of good information handling.]

Website content

Unless agreed otherwise, you will be responsible for providing the text, functional and all other content for the website. You warrant that you own the copyright to such content or otherwise have the appropriate right to use such content.

If requested, I will provide you with a CD containing the final website designs as constructed. Subsequently, you shall be responsible for keeping your own back-up copies of all new content published or transmitted by you including the Web Pages designed by me - I will not be responsible for any file recovery or for files lost by you or by any other person, organisation or Internet Service Provider.

You should confirm the position of website and/or database backups with your service provider. I will not be making backups of your data. A link to http://www.stephentucker.co.uk must also be placed on your newly designed homepage. This will be covered within the proposal.

Warranty and Liability

When the site is completed and before it ‘goes live’ you and others should test its functioning thoroughly. I pass on templates/blueprints of visual designs to you and have no direct contact with your website. There for I remain free of liability for any faults which arise such as broken links, etc.

My liability is limited in all respects to the price paid for the specific work or advice given. I shall under no circumstances be liable for any indirect or consequential loss howsoever caused. I will not be liable in any circumstances for loss of profit suffered.

Use of the material I produce is at the sole risk of the user and neither myself nor my information providers gives any warranty that the supply of information is uninterrupted or accurate.

You agree to indemnify and hold me and my (past, present, or future) subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another. This includes loss of profit.

Business advice

It is usual during the production of any services I offer that advice will be sought on a range of related issues. In all circumstances advice given that is not subject to specific compensation to me (or included with an initial site specification) should not be relied upon by you and separate paid for advice should be obtained should it be intended that material reliance is to be placed on the advice for conducting business or for other reasons.

Billing for work done

The proposal will often specify when work is to be billed. In the event of delay in progress that is outside my control then after a period on one month expires I will present an interim bill for the work done. Work outside specific proposals and/or billed for on an hourly basis will normally be billed monthly.

In the event that you decide not to make use of the full time period for services which have been paid for in advance, refunds will be given pro rata for any unused part of that time.

Should for any reason I be unable to provide the services contracted for then I will similarly give you a full pro rata refund of the amount paid.

A common payment scheme will be agreed on and specified in the proposal.

Post production work

Where I provide other post production support this will be billed for at a rate of £40 per hour unless specified at an alternative rate (this rate may change from time to time, please check the terms of contract online for up-to-date rates). This will include time spent taking instruction and be billed for as and when at least one hour of support has been provided; ‘small queries’ dealt with in ten minutes or less will not be billed for.

Contact

If I need to contact you I will do so by email unless you request otherwise. It is your responsibility to keep me informed of any change in your email address and other contact details. If, as a result of you failing to inform me accurately and with good notice of your changed details, or if you fail to retrieve or access notifications from me that you may need to act on, you will not hold me responsible for the consequences of not acting on these communications to you.

The terms "you" and "registrant" refer to you, my customer. I will hold you responsible for any actions caused or made by your employees, agents and representatives.

My website may contain links to other Internet sites. These links are not an endorsement of any products or services in such sites, and no information in them has been endorsed or approved by me. Please tell me if you discover something that you think I should know about because you think it is wrong.

(This document was last updated on 10 August 2004).

ServiceTerms
My straightforward terms

A brief introduction to this CD.

The subject of visual design and how it can help your business explained.

A brief outline of myself and my history in web design.

A portfolio of recent and relevant projects.

A straightforward but detailed explanation of how I assist my clients.

Call or e-mail me anytime for an informal chat about how I can help.

Order an edition of my free business CD (a hard copy of this website).

Freelance Consultant Media Designer