Terms and Conditions

By placing an order with Thomas Albohm, you confirm that you are in agreement with and bound by the terms and conditions below:

Definitions

The Client: The company or individual requesting the services of Thomas Albohm.

Thomas Albohm: Primary designer and developer & affiliates.

General

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.

Website Design

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.

Website Hosting

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 SWIFT. 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 £40 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 contract:

  1. Priority work during the hours of Monday to Friday 10am – 6pm and Saturday 10am – 4pm.
  2. WordPress core updates.
  3. WordPress plugin updates.
  4. WordPress theme updates.
  5. Database cleanup including spam comments and clearing post/page revisions.
  6. Monthly full backup of hosted files and database stored offsite.
  7. Monthly activity report detailing work carried out and development hours used.
  8. Performance benchmarking.

Not included in contract:

  1. Website redesign, realignment or redevelopment equalling more than 50% of changes to webpage.
  2. CMS development or integration including but not limited to blogs and shopping carts. These require a separate design agreement.

Refunds:

No refunds shall be given for any payments related to the website Maintenance, Support and Update packages. No refunds are provided for unused hours at the end of the agreed term.

Passing of Rights

Once all amounts due to me from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the website which includes the text, graphics, animation, audio components and digital components contained within the finished website, in accordance with these terms and conditions, the accepted project proposal and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the project. No such rights as described in above will pass until all amounts due to me from you are paid. This means that Thomas Albohm will have a lien over any service, products, data or information. If you have not paid the invoice in full within 28 days from the date of the invoice you agree that you will forfeit your rights. The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.

Unless you have Thomas Albohm’s specific written agreement in the project proposal, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming / source code, and all other components of any source or object computer code that comprises the website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the content and design elements used or developed and all software, and Thomas Albohm’s products and results of Thomas Albohm’s services remain Thomas Albohm’s property and Thomas Albohm retains full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine Thomas Albohm’s rights, title, or interest in the website or Thomas Albohm’s products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that Thomas Albohm owns. You fully understand that Thomas Albohm may reproduce, reuse, develop and use in any other way Thomas Albohm chooses, anything within his ownership.

Complaints Procedure

Informal:

Anyone who experiences a problem with their web service provided by Thomas Albohm should raise the matter directly using Thomas Albohm’s online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. Thomas Albohm will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal:

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to:

Thomas Albohm 21 Sonning House Swanfield Street London E2 7LB United Kingdom

Thomas Albohm will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within 7 days of its receipt. A full and considered response to the complaint should be completed within 28 days and any subsequent remedy implemented with the minimum of delay.

Last updated: November 2017