By placing an order with Thomas Albohm, you confirm that you are in agreement with and bound by the terms and conditions below:
The Client: The company or individual requesting the services of Thomas Albohm.
Thomas Albohm: Primary designer and developer and affiliates.
Thomas Albohm will carry out work only where an agreement is provided either by email or telephone. Thomas Albohm will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Thomas Albohm and The Client, this includes telephone and email agreements.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Thomas Albohm cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming code remain the property of Thomas Albohm until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Thomas Albohm remain the copyright of Thomas Albohm and may only be commercially reproduced or resold with the permission of Thomas Albohm.
Thomas Albohm cannot take responsibility for any copyright infringements caused by materials submitted by The Client. Thomas Albohm reserves 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 Thomas Albohm and where no charge is made by Thomas Albohm for such additions, Thomas Albohm 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. The Client agrees to make available as soon as is reasonably possible to Thomas Albohm all materials required to complete the site to the agreed standard and within the set deadline. Thomas Albohm will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Thomas Albohm will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. Thomas Albohm 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 Clients appointed agents. Thomas Albohm 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.
A deposit of 50% is required with any project before any design work will be carried out. 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, i.e If The Client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Thomas Albohm 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. Any scripts, cgi applications or software (unless specifically agreed) written by Thomas Albohm remain the copyright of Thomas Albohm and may only be commercially reproduced or resold with the permission of Thomas Albohm.
Where applications or sites are developed on servers not recommended by Thomas Albohm, 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 Clients 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 Thomas Albohm before being made generally available for use. Where ‘bugs’, errors or other issues are found after the site is live, Thomas Albohm will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Whilst Thomas Albohm recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Thomas Albohm cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. Thomas Albohm offers limited hosting services by buying cloud server space from Fasthosts Internet Limited for you. They have great customer and technical support and service guarantee for an annual average of 99% network availability for their infrastructure. Should you require any additional information, please refer to the Fasthosts own websites for their terms and conditions.
Hosting Payment Policy and Billing Procedures
All accounts are set up on a pre-pay basis. Thomas Albohm accepts payments via BACS and online through his website. Setup fees are charged for all new accounts that are paid on a monthly basis and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Thomas Albohm reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 7 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Thomas Albohm to request termination of services.
Payment of Accounts
A deposit of 50% is required from any new client before any work is carried out. It is Thomas Albohm’s policy that any outstanding accounts for work carried out by Thomas Albohm or his affiliates are required to be paid in full, no later than 28 days from the date of the invoice unless by prior arrangement with Thomas Albohm. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. Thomas Albohm 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 Thomas Albohm has not been contacted regarding the delay, access to the related website may be denied and web pages removed. Thomas Albohm will add a monthly service charge of £25 (€27,50) to the balance for each month a payment is overdue. Following consistent non-payment of an invoice, Thomas Albohm’s Solicitor will contact The Client in question, with a view to taking the matter further and if need be to seek payment through legal procedures.
Maintenance, Support and Update pre-paid packages
Services will start the day payment has been received for the term of the pre-paid period. For the duration of this contract, The Client agrees that Thomas Albohm will be the sole provider of maintenance services for the website, and no other party will have access or rights to change the website. If any party other than Thomas Albohm makes changes to the website, any errors that are created will be repaired and charged for at the standard hourly rate of £40. Updates should not exceed more than 50% of the content on any single site page.
Included in the contract:
- Priority work during the hours of Monday to Friday 10 am – 6 pm and Saturday 10 am – 4 pm.
- WordPress core updates.
- WordPress plugin updates.
- WordPress theme updates.
- Database cleanup including spam comments and clearing post/page revisions.
- Monthly full backup of hosted files and database stored off-site.
- Once a month activity report detailing work carried out and development hours used.
- Performance Benchmarking.
Not included in the contract:
- Website redesign, realignment or redevelopment equalling more than 50% of changes to a webpage.
- CMS development or integration including but not limited to blogs and shopping carts. These require a separate design agreement.
- Neglected updates to HTML, Themes, Plugins and WordPress version which are more than 3 months old prior to a maintenance and support contract. These are charged at my hourly rate.