By placing an order with David Nejad Trading Co. Limited, 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 David Nejad Trading Co. Limited.
David Nejad Trading Co. Limited: Primary developer or designer/site owner & employees or affiliates.
David Nejad Trading Co. Limited will carry out work only where an agreement is provided either by email, telephone, mail or fax. David Nejad Trading Co. Limited 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 David Nejad Trading Co. Limited and the client, this includes telephone and email agreements.
Charges for services to be provided by David Nejad Trading Co. Limited are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days unless alternate timescales have been agreed beforehand with the Client. David Nejad Trading Co. Limited reserves the right to alter or decline to provide a quotation after expiry of the valid timescale.
All Web/Software Development projects costing £3500 and over will require an advance payment of fifty (50) percent of the project quotation total before work will commence. The remaining balance of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. Charges for web development do not cover the release of source Photoshop or Flash files and Source Code; if the Client requires these items then a separate quotation can be prepared. For any Web/Software Development projects costing less than £3500 will require payment of full project quotation total.
Payment for services is due by online payment through David Nejad Trading Co. Limited’ PayNow service, cheque or bank transfer. Cheques should be made payable to David Nejad Trading Co. Limited.
The Client must supply all materials and information required by David Nejad Trading Co. Limited to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to David Nejad Trading Co. Limited which leads to a delay in the completion of work, David Nejad Trading Co. Limited have the right to extend any previously agreed deadlines by a reasonable amount.
Where the Client fail to supply materials, and that prevents the progress of the work, David Nejad Trading Co. Limited have the right to invoice the Client for any part or parts of the work already completed.
David Nejad Trading Co. Limited is pleased to offer the Client the opportunity to make revisions to the design. However, David Nejad Trading Co. Limited has the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if the Client make a change to the original design specification.
David Nejad Trading Co. Limited’s website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of £180 per hour.
David Nejad Trading Co. Limited makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 9 & 10, Google Chrome, Safari.). Client agrees that David Nejad Trading Co. Limited cannot guarantee correct functionality with all browser software across different operating systems.
David Nejad Trading Co. Limited cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, David Nejad Trading Co. Limited reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Invoices will be provided by David Nejad Trading Co. Limited upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid seven (7) days after the date of the invoice will be assessed a service charge in the amount of the higher of two and one-half percent (2.5%) or £60 per week of the total amount due.
David Nejad Trading Co. Limited does not guarantee any specific position in search engine results for the Client’s website. David Nejad Trading Co. Limited performs basic search engine optimisation according to current best practice
The Client are responsible for maintaining their own backups with respect to the Client’s website and David Nejad Trading Co. Limited will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by David Nejad Trading Co. Limited.
The Client are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Webilicious ® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from the Client’s clients’ use of Internet electronic commerce.
David Nejad Trading Co. Limited 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 David Nejad Trading Co. Limited remain the copyright of David Nejad Trading Co. Limited and may only be commercially reproduced or resold with the permission of David Nejad Trading Co. Limited.
Where applications or sites are developed on servers not recommended by David Nejad Trading Co. Limited, 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 client’s 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 David Nejad Trading Co. Limited before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, David Nejad Trading Co. Limited will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
David Nejad Trading Co. Limited offer limited hosting services by buying server space from 1&1 Internet. They have great customer and technical support and service guarantee for an annual average of 99% network availability for their infrastructure.
Should the Client require any additional information, please refer to the 1&1’s own websites for their Terms and Conditions.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants David Nejad Trading Co. 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 David Nejad Trading Co. Limited permission and rights for use of the same and agrees to indemnify and hold harmless David Nejad Trading Co. Limited 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 David Nejad Trading Co. Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
This Agreement shall be governed by English Law.