Fresh Developer & All Independent Parties Associated with Fresh Developer reserves the right in its absolute discretion:
(a) to add to or remove any material from www.freshdeveloper.com or to amend, alter, redesign or change anything contained in or on it at any time; and
(b) to monitor, suspend, revoke, or otherwise limit access to www.freshdeveloper.com at any time.
The use of www.freshdeveloper.com is at the visitor's or user's own personal risk. Fresh Developer & All Independent Parties Associated with Fresh Developer does not warrant the content, accuracy or veracity of any material or other information on www.freshdeveloper.com nor does it warrant that the www.freshdeveloper.com is free from errors, faults, viruses or other computer or data-corrupting or data-damaging material.
The www.freshdeveloper.com website contains links to other sites or addresses on the web. External sites are not part of www.freshdeveloper.com and do not belong to the Fresh Developer & All Independent Parties Associated with Fresh Developer. Fresh Developer & All Independent Parties Associated with Fresh Developer does not approve or endorse other website's nor is it responsible for their content.
Descriptions of, or references to products, services or publications within www.freshdeveloper.com do not constitute or imply their endorsement or recommendation in any way by Fresh Developer & All Independent Parties Associated with Fresh Developer, its employees or contractors. No reference in www.freshdeveloper.com to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise, shall be used for advertising or product endorsement purposes.
Whilst every endeavour will be made to ensure that www.freshdeveloper.com and any scripts or programs are free of errors, Fresh Developer & All Independent Parties Associated with Fresh Developer cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
Client
The web server, website, graphics and any programming code remain the property of Fresh Developer & All Independent Parties Associated with Fresh Developer until all outstanding accounts are paid in full.
Fresh Developer & All Independent Parties Associated with Fresh Developer cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve 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 Fresh Developer & All Independent Parties Associated with Fresh Developer and where no charge is made by Fresh Developer & All Independent Parties Associated with Fresh Developer for such additions, Fresh Developer & All Independent Parties Associated with Fresh Developer 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 Fresh Developer & All Independent Parties Associated with Fresh Developer all materials required to complete the site.
Fresh Developer & All Independent Parties Associated with Fresh Developer will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Fresh Developer & All Independent Parties Associated with Fresh Developer 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
Fresh Developer & All Independent Parties Associated with Fresh Developer 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.
Software
Fresh Developer & All Independent Parties Associated with Fresh Developer 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.
The client is expected to test fully any application or programming relating to a site developed by Fresh Developer & All Independent Parties Associated with Fresh Developer before being made generally available for use. Where "bugs", errors or other issues are found after the site is live.
Fresh Developer & All Independent Parties Associated with Fresh Developer will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Hosting & Domains
Whilst Fresh Developer & All Independent Parties Associated with Fresh Developer offers hosting of website's, no guarantees can be made as to the availability or interruption of this service by Fresh Developer & All Independent Parties Associated with Fresh Developer cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
Fresh Developer & All Independent Parties Associated with Fresh Developer reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the client's request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.
Domain names will be registered by Fresh Developer and also registered to the Fresh Developer & All Independent Parties Associated with Fresh Developer current address. Although the domain names are registered to Fresh Developer, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere.
Fresh Developer & All Independent Parties Associated with Fresh Developer will do this within reasonable time. All costs involved in detail changes of domain transfers shall be met by the client.
It is the responsibility of the client to renew their domain names when due. If a domain name expires. Fresh Developer & All Independent Parties Associated with Fresh Developer cannot be held liable for this. However, Fresh Developer & All Independent Parties Associated with Fresh Developer will make reasonable effort to contact the client regarding domain renewal.
When a client renews "hosting" with Fresh Developer & All Independent Parties Associated with Fresh Developer, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting, their domain name could be made available to the public for purchase and Fresh Developer & All Independent Parties Associated with Fresh Developer cannot be held liable for this.
Whilst Fresh Developer & All Independent Parties Associated with Fresh Developer recommends hosting companies to host website's, no guarantees can be made as to the availability or interruption of this service.
Fresh Developer & All Independent Parties Associated with Fresh Developer 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.
The hosting renewal charge must be received prior to the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There will be an admin fee set by Fresh Developer & All Independent Parties Associated with Fresh Developer for reactivating the website / hosting.
If the client does not use Fresh Developer & All Independent Parties Associated with Fresh Developer hosting services then the management and hosting of the domain name are the full responsibility of the client.
Renewal of "hosting" is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the client. The "hosting" will not be renewed if we cannot contact the customer or the customer requests for us to not host this site.
If a domain name is purchased by the client through a company other than Fresh Developer & All Independent Parties Associated with Fresh Developer, the client has full responsibility in making sure that the domain name is renewed when due. Fresh Developer & All Independent Parties Associated with Fresh Developer will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than Fresh Developer & All Independent Parties Associated with Fresh Developer.
Fresh Developer & All Independent Parties Associated with Fresh Developer will host the website on receipt of full payment of our hosting fees. In doing so we will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control. If client is offered hosting with any package this is offered free of charge, no charge has been added to your web design order. If clients are misbehaving including abusive emails and telephone calls, or requesting functionality which we do not offer Fresh Developer & All Independent Parties Associated with Fresh Developer has the right to not host a site, or terminate hosting without giving notice.
All website's are configured to work on our server. Any clients wishing to use other servers will be responsible for having it configured so that it can be used on server of their choice.
Website File Ownership
Unless specified before starting any web build, any website files hosted through Fresh Developer will remain the property of Fresh Developer and will be subject to a release and preparation fee of £100.
Emails
Fresh Developer & All Independent Parties Associated with Fresh Developer will allow a maximum of 500mb of bandwidth allowance per website per month. Should a clients website exceed this limit, Fresh Developer reserve the right to levy additional charges or insist the client makes arrangements to transfer the hosting and email services to an alternative provider within a reasonable timeframe.
Fresh Developer & All Independent Parties Associated with Fresh Developer accepts no responsibility for the configuration and any costs incurred by client.
Fresh Developer & All Independent Parties Associated with Fresh Developer reserve the right to refuse or suspend service to clients whose websites would breach our ethical policy or provide services contrary to the laws of The United Kingdom. Should attempts be made to mislead Fresh Developer of the nature of services offered by the website the full quoted cost of the project must be paid by the client. Specifics of our ethical policy can be provided on request by emailing info@freshdeveloper.com.
Payment of Accounts
A deposit is required from a new client before any work is carried out. All down payments and deposits received are non refundable. In all cases, website hosting fees and any costs incurred by Fresh Developer & All Independent Parties Associated with Fresh Developer on behalf of the client are payable in advance and are non-refundable.
Deposit payments for website development and design services are excluded from the Distance Selling Regulation due to them being tailored specifically for The Clients requirements and due to administration costs associated with initiating a project on behalf of the Client.
It is Fresh Developer & All Independent Parties Associated with Fresh Developer's policy that any outstanding accounts for work carried out by Fresh Developer & All Independent Parties Associated with Fresh Developer are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Fresh Developer & All Independent Parties Associated with Fresh Developer. If accounts are not settled or Fresh Developer & All Independent Parties Associated with Fresh Developer have not been contacted regarding the delay, access to the related website may be denied. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the client's request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be resolved.
Fresh Developer & All Independent Parties Associated with Fresh Developer will only commence work on design after 50% payment has been made of the quoted project fee from the client, once the quoted project has been completed the remaining balance becomes due with immediate effect. Unless otherwise agreed by Fresh Developer, the clients website will not be made live on their selected domain until the agreed account balance is paid in full. Additionally website's will not be transferred to 3rd party hosting providers until the agreed balance is paid in full unless otherwise agreed to by Fresh Developer. Fresh Developer reserve the right to remove website's and supporting files if the client breaches any terms relating to the aforementioned individual agreements.
Legality
It is important that the website is not in any way illegal. Fresh Developer & All Independent Parties Associated with Fresh Developer shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate legally within UK law.
Fresh Developer & All Independent Parties Associated with Fresh Developer 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.
Refunds
Fresh Developer & All Independent Parties Associated with Fresh Developer reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by Fresh Developer & All Independent Parties Associated with Fresh Developer.
Should Fresh Developer & All Independent Parties Associated with Fresh Developer not receive contact or responses by phone or email from the the Client for 180 days the Project will be terminated. Refunds will not be possible after this time period and The Client will forfit any rights to work completed on their behalf under the agreed quoted sale.
Fresh Developer & All Independent Parties Associated with Fresh Developer reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by Fresh Developer & All Independent Parties Associated with Fresh Developer.
Fresh Developer & All Independent Parties Associated with Fresh Developer cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of your own website.
Fresh Developer & All Independent Parties Associated with Fresh Developer cannot be held responsible for anything adversely affecting the client's business operation, sales, or profitability that they might claim is a result of a service offered by Fresh Developer & All Independent Parties Associated with Fresh Developer.
Images
Images purchased by Fresh Developer & All Independent Parties Associated with Fresh Developer on behalf of the client are strictly for use on the website only. Fresh Developer & All Independent Parties Associated with Fresh Developer are not liable for misuse of these images by the client or any other person/s copying, altering or distributing the images to individuals or other organisations.
Guarantee
Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.
Fresh Developer & All Independent Parties Associated with Fresh Developer will provide the client with an expected project completion date (live on the internet) if requested. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date. Fresh Developer & All Independent Parties Associated with Fresh Developer will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Fresh Developer & All Independent Parties Associated with Fresh Developer 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.
It is the clients responsibility to check with Fresh Developer & All Independent Parties Associated with Fresh Developer that open source software is being used or not.
Where applications or sites are developed on servers not recommended by Fresh Developer & All Independent Parties Associated with Fresh Developer , 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.
We do not charge customers for open source software. If there is a charge for a website using open source software, you are paying for the installation time. Open source software is not owned by Fresh Developer & All Independent Parties Associated with Fresh Developer or our client.
There is an immediate cessation of all current and future warranties where a client has requested from us anything that results in passing the control of a website from Fresh Developer & All Independent Parties Associated with Fresh Developer to the client. This results in Fresh Developer & All Independent Parties Associated with Fresh Developer losing control of the website and changes could be made by the client or their agents. Loss of control by Fresh Developer & All Independent Parties Associated with Fresh Developer can take place if FTP codes and or source codes have been passed to the client. This loss of control can occur in other situations such as where the client has requested placing the website onto a sever of their choice and not Fresh Developer & All Independent Parties Associated with Fresh Developer s server. Under any of these circumstance(s) which results in loss of control by Fresh Developer & All Independent Parties Associated with Fresh Developer then there shall be absolutely no future warranty and this also revokes all undertakings of past warranties.
All images displayed on the client's website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client OR Fresh Developer & All Independent Parties Associated with Fresh Developer, they will be the sole responsibility of the client.
Fresh Developer & All Independent Parties Associated with Fresh Developer has no control of, or responsibility for, the content of our client's web sites. In no way does the textual or image based content of our client's web sites constitute Fresh Developer & All Independent Parties Associated with Fresh Developer endorsement, or approval of the web site or the material contained within the web site. Fresh Developer & All Independent Parties Associated with Fresh Developer has not verified any of the materials, images or information contained within our client's web sites and is not responsible for the content or performance of these sites or for the client's transactions with them. Fresh Developer & All Independent Parties Associated with Fresh Developer provides links or references to our client's website's solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.
The client must supply all information requested in writing by Fresh Developer & All Independent Parties Associated with Fresh Developer within two months from the date of this request. If the client fails to supply this information in writing then the website project can be terminated by Fresh Developer & All Independent Parties Associated with Fresh Developer and all monies paid may not be refunded. If content is not received within stipulated time by Fresh Developer & All Independent Parties Associated with Fresh Developer the quote given to the client can be increased or the project cancelled at the discretion of Fresh Developer & All Independent Parties Associated with Fresh Developer.
Fresh Developer & All Independent Parties Associated with Fresh Developer are not liable for loss, damage or corruption to files or information stored on our servers or individual PC's relating to a client's website. The client is solely responsible for any information or files relating to their website.
Fresh Developer & All Independent Parties Associated with Fresh Developer reserves the right to revise and amend an initial quote to a customer where needed.
Unless otherwise explicitly agreed and stated, Fresh Developer & All Independent Parties Associated with Fresh Developer responsibility is limited to designing customers' website's and excludes the update, use, altering, maintenance, troubleshooting etc. of the customer's website/s once online. Fresh Developer & All Independent Parties Associated with Fresh Developer reserves the right to request additional payment to cover any or all of such work and/or to refuse to undertake such work.
Fresh Developer & All Independent Parties Associated with Fresh Developer uses customers' material e.g. text, information, photos etc to design customers' website's. Fresh Developer & All Independent Parties Associated with Fresh Developer is not responsible for these materials. The use of these website's is at the visitor's or user's own personal risk. Fresh Developer & All Independent Parties Associated with Fresh Developer does not warrant the content, accuracy or veracity of any material or other information on the customers' website's nor does it warrant that these website's are free from errors, faults, viruses or other computer or data-corrupting or data-damaging material.
Descriptions of, or references to information, products, services or publications within the customers' website's do not constitute or imply their endorsement or recommendation in any way by Fresh Developer & All Independent Parties Associated with Fresh Developer , its employees or contractors.
EXCLUSION OF LIABILITY
To the maximum extent permitted by law Fresh Developer & All Independent Parties Associated with Fresh Developer excludes liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitor's or user's access to, or use of the www.freshdeveloper.com, or any material thereon, whether based in contract, tort or whether negligent or otherwise, even if Fresh Developer & All Independent Parties Associated with Fresh Developer has been advised of the possibility of such damage.