T&Cs

Terms & Conditions

The following terms and conditions apply to all website development / design services provided by Tantrwm Limited to the Client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by Tantrwm Limited are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Tantrwm Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty three percent (33%) of the project quotation total before the work is supplied to the Client for review. A second charge of thirty three percent (33%) is required after the development stage, with the remaining thirty three percent (33%) of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by cheque or bank transfer. Cheques should be made payable to Tantrwm Limited. Our address and bank details will be made available on invoices.

3. Client Review

Tantrwm Limited will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Tantrwm Limited otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

Tantrwm Limited will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Tantrwm Limited receiving initial payment, unless a delay is specifically requested by the Client and agreed by Tantrwm Limited.

In return, the Client agrees to delegate a single individual as a primary contact to aid Tantrwm Limited with progressing the commission in a satisfactory and expedient manner.

During the project, Tantrwm Limited will require the Client to provide website content; text, images, videos and sound files.

5. Failure to provide required website content

Tantrwm Limited is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required content and subsequently fail to provide it within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. You should factor this into project commencement date, allowing yourself enough time to prepare content.

NOTE: Text content should be delivered in a digital format (i.e. Microsoft Word document, email etc) and clearly state which webpage the content relates to on your website. Contact us if you need clarification on this.

6. Payment

Invoices will be provided by Tantrwm Limited upon completion but before publishing the live website. Invoices are sent via email unless requested otherwise. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will incur an interest charge of three percent (3%) of the total amount due.

7. Additional Expenses

Client agrees to reimburse Tantrwm Limited for any additional expenses necessary for the completion of the work. E.g. purchase of fonts, plugins, themes, stock photography etc.

8. Web Browsers

Tantrwm Limited makes every effort to ensure websites are designed to be viewed by current browsers (e.g. Firefox, Internet Explorer, Safari, Chrome, etc.), operating systems (iOS, Android, Windows, OSX ect.) and devices (desktop, mobile, tablet etc.).  Tantrwm Limited cannot guarantee correct function with all browser software or devices.

Tantrwm Limited cannot accept responsibility for web pages which do not display as agreed in software updates for browsers released after the website completion date or the website has been signed off by the Client.

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Tantrwm Limited’s web space, Tantrwm Limited will, at its discretion, remove all such material from its web space. Tantrwm Limited is not responsible for any loss of data due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.

Cheques returned for insufficient funds will incur a return charge of £25 and the Client’s account will be considered to be in default until full payment is received. Clients with accounts in default agree to pay Tantrwm Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Tantrwm Limited in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity

All Tantrwm Limited services may be used for lawful purposes only. You agree to indemnify and hold Tantrwm Limited not liable for any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Tantrwm Limited the rights to publish and use such material.

The Client must obtain permission and rights to use any information or files that are copyrighted by a third party.  The Client is further responsible for granting Tantrwm Limited permission and rights for use of the same and agrees to indemnify and hold Tantrwm Limited not liable from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.

A contract for website design and/or placement shall be regarded as a guarantee by the Client to Tantrwm Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on usb flash drive or via e-mail or FTP) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format.

14. Design Credit

A link to Tantrwm Limited will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Tantrwm Limited’s portfolio.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, Tantrwm Limited must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

16. Post-Placement Alterations

Tantrwm Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names

Tantrwm Limited may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Tantrwm Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

19. Governing Law

This Agreement shall be governed by English Law.

20. Liability

Tantrwm Limited hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Tantrwm Limited to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

21. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

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