WEBSITE DESIGN TERMS AND CONDITIONS

1. Nu Web Design and NuWeb.co are trading names of Global NuMedia Limited. Our registered office is Suite 8, Centenary Plaza, Birmingham B1 1TB.

2. The contract between Nu Web Design and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

3. Should there be any payment outstanding for any work by Nu Web Design, the client shall be personally liable for the debt. The client is defined as the individual who has ordered the work to be carried out. Where the client is a limited company, the director(s) of the company will be held jointly and severably liable for the debt. If these terms and conditions are agreed to by an employee of a limited company they must inform the director(s) of the company of their personally liability before making the contract or they will be held personally liable.

4. The works to be carried out shall be as have been set out as to the client in writing (by email). All project specifications shall be agreed in writing before work commences. Work required outside of the original specification may be subject to extra charges, at the sole descretion of Nu Web Design. Where the customer orders a pre-packaged website as set out on this website, only those features laid down in the website will be available, any extra features will incur an extra payment.

5. Nu Web Design will only commence work on a Project after receipt of the initial fee.

6. Any deposit paid to Nu Web Design is non refundable.

7a. Pay monthly website design packages (as defined on http://www.nuwebdesign.co.uk/pay-monthly.html ) have a minimum term of 12 months, i.e. the Client is obliged to make a minimum of 12 monthly payments for the website.

7b. After 12 months the customer can choose to renew the contract on a month-by-month basis. If they wish to cancel the subscription they must give 30 days prior written notice to Nu Web Design.

9. Should the client make a late payment of the monthly subscription fee, Nu Web Design reserve the right to charge a £25 (+VAT) administration fee should the payment be late by 7 or more days.

10. For Pay Monthly website design packages (as defined in part 7a above), should the client fail to make a monthly subscription payment after a period of 28 days from which it becomes due, Nu Web Design will be entitled to charge the remaining payments immediately (i.e. 12 payments less any payments that have already been made). If payment is not received Nu Web Design reserve the right to remove the service provided until payment is received. An administration fee of £25 (+VAT) may also be payable at the discretion of Nu Web Design.

11. If Nu Web Design do not hear from a client, despite attempts to contact, for a period of more than 21 days whilst in the design process Nu Web Design shall start issuing invoices for the monthly payments for the design work. Points 7 and 10 of these terms and conditions will also apply. Nu Web Design will endeavour to finish the work once the client makes contact back.

12. Nu Web Design 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. It is important that the website is not in any way illegal.

13. Where images used on the website have been purchased by Nu Web Design on behalf of the Client, these images are strictly for use on the website only. Nu Web Design 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.

14. Nu Web Design will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Nu Web Design 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 their control. Certain website packages offered by Nu Web Design include free website hosting, the service provided will be set out on the packages page on the website.

15. Nu Web Design cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by Nu Web Design.

16. Nu Web Design will provide the Client with an expected completion date for the Project (live on the internet) if requested. Nu Web Design will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date.

17. The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Nu Web Design or the Client.

18. Where the customer is paying a monthly fee for the website, this payment is for leasing the design and coding of the website. At all times, Nu Web Design will retain ownership and copyright of the design and coding. If a customer decides to cancel the monthly subscription then the lease of the design and coding shall be cancelled and the customer will no longer be permitted to use the design and coding of the website.

19. For those projects that are not "Pay Monthly" (as defined in term 7a) Nu Web Design own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by Nu Web Design for the Client, unless the images have been supplied by the Client. Where a monthly payment has been agreed.

20. At its sole discretion, Nu Web Design may permit the Client to pay for their website over a payment plan. In such cases a quotation will be provided to the Client for full payment, and also to pay for the website in a fixed number of payments, e.g. the cost of the website is £x which can be paid in 6 payments each month of £y. In such cases Nu Web Design shall own the Copyright to the website until the final monthly payment has been made. Once the final payment has been made Copyright and full ownership of the website will transfer to the Client in its entirety.

21. Domain names will be registered by Nu Web Design and also registered to the Nu Web Design current address. Although the domain names are registered to Nu Web Design, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Nu Web Design will do this within a reasonable timeframe.

22. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Nu Web Design can not be held liable for this.

23. Should a Client wish to move Hosting away from Nu Web Design or transfer a Domain name away from Nu Web Design, a £25 admin charge will be issued, which must be paid before the transfer takes place.

24. Nu Web Design has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client's web sites constitute Nu Web Design endorsement, or approval of the website or the material contained within the website. Nu Web Design 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. Nu Web Design provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.

25. Nu Web Design are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.

26. If a Domain name is purchased by the Client through a company other than Nu Web Design, the Client has full responsibility in making sure that the domain name is renewed when due. Nu Web Design will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Nu Web Design. Nu Web Design makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction.

27. Nu Web Design and Nu Media reserve the right to place a hyperlink on your website's home page stating that the website was designed by us. The link will usually be in text form however we do reserve the right, where we believe it is appropriate, to display the link in image format. The anchor text for any text link will be at our sole discretion. The links will be to http://www.nuweb.co and/or http://www.numedia.co and will open in a new browser window.