1.1 The instruction by the Client to the Supplier to start work on the Services referred to in any given quotation or estimate, shall be deemed to mean that the Client has accepted the Supplier’s proposal and has agreed that these Terms will apply to this contract.
1.2 The Supplier shall provide the services as set out in the relevant proposal (“the Services”) to the Client subject to these Terms. Any changes or additions to the Services or these Terms must be agreed in writing by the Supplier and the Client.
1.3 The Client shall at its own expense supply the Supplier with all necessary documents or other materials, and all necessary data or other information relating to the Services (“Client Material”), within sufficient time to enable the Supplier to provide the Services in accordance with this contract. The Client shall ensure the accuracy of all Client Material.
1.4 The Services shall be provided in accordance with any proposal issued by the Supplier or otherwise in accordance with these Terms.
1.5 All drawings, descriptions, story boards and illustrations that the Supplier provides to the Client are for the sole purpose of giving the client an approximate idea of the Services that the Supplier will carry out. Where the Client signs or confirms by electronic means including email, such drawings, descriptions, designs, story boards or illustrations to indicate its approval of them then this will be taken as conclusive evidence of the Services which the Supplier has agreed to carry out and the content of them.
1.6 The Supplier may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Services without any liability to the Client.
1.7 The Supplier may at any time without notifying the Client make any changes to the Services which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Services.
2.1 Subject to any special terms agreed, the Client shall pay the Supplier’s charges for the Services as set out in the relevant proposal and any additional sums which are agreed between the Supplier and the Client for the provision of the Services or which, in the Supplier’s sole discretion, are required as a result of the Client’s instructions or lack of instructions, the inaccuracy of any information provided by the Client to the Supplier or any other cause attributable to the Client.
2.2 All charges quoted to the Client for the provision of the Services are inclusive of any Value Added Tax.
3.1 The source code of all website web pages remains the intellectual property of 4D Web Design and may not be copied and used by any other party without the consent of 4D Web Design.
3.2 All scripts, CSS and included files used within customer websites remain the intellectual property of 4D Web Design and may not be copied and used by any other party without the consent of 4D Web Design.
3.3 All customer logo images, images unique to the customer, i.e. of their premises, work force and their business, plus all written copy, belong to the customer and are covered under their copyright. 4D Web Design will not reuse customer written content or images without the express permission of the customer.
3.4 The Client warrants that any Client Material provided to the Supplier and used by the Supplier for the purpose of providing the Specified Service will not infringe the copyright or other rights of any third party, and the Client shall indemnify the Supplier against any loss, damages, costs, expenses or other claims arising from any such infringement.
4.1 The Supplier warrants to the Client that the Services will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the proposal. Where in connection with the provision of the Services the Supplier supplies any goods or services obtained from a third party, the Supplier does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to the Supplier.
4.2 The Supplier shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any information, material or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non‑arrival, or any other fault of the Client.
4.3 Except in respect of death or personal injury caused by the Supplier’s negligence, or as expressly provided in these Terms, the Supplier shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by the Client, and the entire liability of the Supplier under or in connection with this contract shall not exceed the amount of the Supplier’s charges for the provision of the Services, except as expressly provided in these Terms.
4.4 Completion dates are estimates only and no guarantees can be given by the Supplier that the completion date will be achieved. Whilst the Supplier will make reasonable efforts to meet the agreed completion date, the Supplier shall not be liable for any delay in failing to do so.
4.5 The Supplier shall not be liable to the Client or be deemed to be in breach of this contract by reason of any failure to perform any of the Supplier’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Supplier’s reasonable control.
5.1 In the event that the customer does not pay an invoice within 30 days of the due date, i.e. within 30 days of the date of the invoice, then 4D Web Design have the right to suspend all further works for that customer until such time as payment is made in full.
5.2 In the event that the Customer does not pay an email subscription invoice within 30 days of the due date, i.e. 30 days after the invoice date, then 4D Web Design reserve the right to turn off any email services until such time as the invoice is paid in full.
5.3 In the event that the Customer does not pay a hosting subscription invoice within 30 days of the due date, i.e. 30 days after the invoice date, then 4D Web Design reserve the right to turn off any website hosting until such time as the invoice is paid in full.
5.4 In the event that the customer becomes insolvent or goes in to liquidation 4D Web Design have the right to immediately terminate their contract with the Customer and invoice for the full value of project works carried out to that date, plus suspend any email or hosting services.
5.5 In the event that a customer “frustrates” the progress of a project contract with 4D Web Design then 4D Web Design will be entitled to give 14 days’ written notice to the customer of the contract being terminated. If the customer does not satisfactorily remedy the cause(s) of the frustration, within the 14 day notice period, then 4D Web Design will have the right to terminate the contract. 4D Web Design will invoice the Customer for the full value of works carried out to date.
5.6 In the event that a customer wishes to terminate their contract before the agreed minimum period of 48 months, the client must request a termination giving a minimum of 30 days’ notice. Any outstanding payment remaining on the contract must be paid in full.
5.7 Effect of Termination on Data: Upon cancellation or termination of any web subscription and/or email service for any reason, the data retention and deletion rules stated in Cancellation by You and Loss of Data, Content and Capacity shall apply. Access may be restricted during the retention period where required by law or for security reasons.
6.1 These Terms together with the details in the relevant proposal constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
6.2 A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
6.3 No failure or delay by either party in exercising any of its rights under this contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
6.4 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
6.5 If any dispute arises out of this Agreement the parties will attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.
6.6 English law shall apply to this contract, and the parties agree to submit to the non‑exclusive jurisdiction of the English courts.
3.1 The terms and conditions contained in this SLA apply to all 4D Web Design Customers unless agreed in writing to the contrary. No other subscription terms and conditions shall apply unless specifically agreed in writing between 4D Web Design and the Customer. In the event of any ambiguity between these terms and conditions and any terms agreed in writing between 4D Web Design and the Customer then these terms and conditions will apply.
4.1 4D Web Design will provide customers with initial estimates for projects on request. The final project sum may vary from the initial estimate. An estimate as opposed to fixed price quotation is useful when the actual project sum cannot be reasonably or accurately ascertained at the onset.
4.2 Work carried out against estimates will be charged in accordance with clause 8.
4.3 4D Web Design will provide estimates in writing by email to customers, which will include this SLA. Acceptance by a customer of an 4D Web Design estimate is subject to acceptance of the terms and conditions in this SLA, unless specifically agreed in writing between the Customer and 4D Web Design to the contrary.
5.1 Whenever possible 4D Web Design will provide customers with a fixed price quotation and detailed specification for a project.
5.2 Items omitted or added to the specification that accompanies a fixed price quotation will be treated as variations in accordance with clause 6.
5.3 4D Web Design will provide quotations in writing by email to customers, which will include this SLA. Acceptance by a customer of a 4D Web Design quotation is subject to acceptance of the terms and conditions in this SLA, unless specifically agreed in writing between the Customer and 4D Web Design to the contrary.
6.1 The value of work included in a fixed price quotation specification that is omitted will be valued and deducted from the final project sum.
6.2 Work that is in addition to that detailed in a fixed price quotation specification will be valued and added to the final project sum.
8.1 Any customer subscribing up to a monthly service will pay the agreed fixed sum for a minimum term of 48 months. At the end of 48 months this contract will automatically continue unless the customer wishes to terminate the service. The customer is required to do this in writing 30 days prior to the contract being terminated.
8.2 4D Web Design will charge for services provided that are not included in any quotation or service or under the terms of clause (9), Hosting. The amount charged will be based on 4D Web Design’s standard hourly rate, unless a different hourly rate has otherwise been agreed in writing.
8.3 4D Web Design will review and may increase their standard hourly rate on an annual basis.
8.4 There will be a minimum charge of 15 minutes.
9.1 4D Web Design use high performance dedicated web servers hosted by first class HPC’s, such as m20i.
9.2 Our m20i dedicated server has unlimited bandwidth and an uptime performance of over 99.9%. Our 1 and 1 dedicated server has unlimited bandwidth and an uptime performance of over 99%.
9.3 4D Web Design will quote a separate annual price for the hosting and associated technical support for customer websites.
9.4 4D Web Design will use their best endeavours, in conjunction with the HPC, to rectify the cause of any disruption in the hosting service of a customer’s website(s) and to minimise the duration of any such instances.
9.5 4D Web Design will not be liable to the Customer for any compensation in respect of any down‑time that may occur with the hosting of their website(s).
9.6 4D Web Design will keep a separate local backup of customer website files during the active service period and, in the unlikely event of a hard drive failure or other technical failure with the dedicated web server, will re‑setup the website as quickly as possible on a new or repaired web server.
9.7 All SQL Server databases used for customer websites are regularly backed up by 1 and 1 and, in the unlikely event of hard drive or other technical failure with the dedicated web server, will be restored and re‑connected to customer website(s).
9.8 With regard to any images or download files uploaded to a customer’s website by a customer it is the responsibility of the customer to retain a copy of these on their local PC/LAN. In the unlikely event of hard drive failure or other technical failure with the dedicated web server it will be the responsibility of the Customer to re‑upload these files.
9.9 4D Web Design utilise various backup processes on their dedicated servers for all website folders and files and may, therefore, be able to avoid customers having to re‑upload files in accordance with clause 9.8. This is not guaranteed by 4D Web Design so customers should observe and be prepared, in the unlikely event, to comply with clause 9.8.
9.10 In the event that a customer wishes to move their domain to another web server supported by another party, then 4D Web Design will cooperate fully, subject to all outstanding amounts being paid up in full, in advance, along with a negotiated fee to purchase the intellectual copyright of the source code etc detailed in clause 7.
9.11 In the event that the Customer requires assistance with remedying a situation with their website that is not a technical fault caused by 4D Web Design or the HPC the time expended by 4D Web Design will be charged to the Customer in accordance with clause 8.
9.12 4D Web Design will invoice for Hosting on an annual basis, yearly in advance. Invoices will be raised approximately 30 days prior to the commencement date.
9.13 Post‑Cancellation Hosting Retention: Upon cancellation or termination of any web subscription and/or hosting service, 4D Web Design will retain the hosted website environment (including site files and databases) for up to one (1) calendar month from the effective cancellation/termination date to facilitate migration or backup by the Customer.
9.14 Post‑Cancellation Hosting Deletion: After the one‑month retention period, 4D Web Design will permanently delete all site files, databases, logs and any related backups for the cancelled service. No backups will be kept and data will not be recoverable thereafter.
9.15 Customer Backup Responsibility: It is solely the Customer’s responsibility to export and back up all website data before the end of the retention period. 4D Web Design shall have no liability for any loss of files or data occurring after the retention period, or for loss resulting from the Customer’s failure to perform timely backups.
9.16 Early Deletion Where Required: 4D Web Design may delete data earlier than the end of the retention period if required to do so by law, court order, competent authority, or where the data is unlawful, infringes rights, presents a security risk, or where continued storage is impractical due to suspension for fraud or abuse.
10.1 4D Web Design will set up customers’ email with email service providers and charge a fixed amount for doing this in conjunction with hosting costs.
10.2 4D Web Design will pay the mail service provider annual subscription costs for each mailbox and invoice the customer a fixed amount for each mailbox annually in conjunction with hosting costs.
10.3 4D Web Design are excluded from any liability to the Customer for any interruption or termination in the email service.
10.4 4D Web Design will troubleshoot any problems reported by the Customer with their email. If the problem is due to an omission by 4D Web Design then no charge will be made to the Customer. If the problem is not due to an omission by 4D Web Design then the Customer will be charged in accordance clause (8), 4D Web Design Hourly Rate Charges.
10.5 Post‑Cancellation Email Retention: Upon cancellation or termination of any email service, 4D Web Design will retain the relevant mailboxes in an accessible state for up to one (1) calendar month from the effective cancellation/termination date to facilitate export or backup by the Customer.
10.6 Post‑Cancellation Email Deletion: After the one‑month retention period, 4D Web Design will permanently delete all mailboxes, stored messages, attachments and related logs for the cancelled email service. No backups will be kept and data will not be recoverable thereafter.
10.7 Customer Email Backup Responsibility: It is solely the Customer’s responsibility to export and back up all email data before the end of the retention period. 4D Web Design shall have no liability for any loss of email data occurring after the retention period, or for loss resulting from the Customer’s failure to perform timely backups.
10.8 Early Deletion Where Required: 4D Web Design may delete email data earlier than the end of the retention period if required to do so by law, court order, competent authority, or where the data is unlawful, infringes rights, presents a security risk, or where continued storage is impractical due to suspension for fraud or abuse.
11.1 4D Web Design will offer to customers third party services such as those offered by Google to enhance the performance of their websites. 4D Web Design may include in quotations the setup and maintenance of such third party services. 4D Web Design will not be liable to the customer for any interruption, non‑performance, or cancellation of the provision by third parties of any such services.
12.1 4D Web Design are expert at designing websites to perform well with the search engines and will liaise with customers in trying to achieve high rankings for the appropriate business area/topic.
12.2 4D Web Design accept no responsibility or liability to the customer for the actual rankings achieved or how such rankings may vary over time.
13.1 4D Web Design standard payment terms are 14 days from the date of invoice.
13.2 4D Web Design will specify within estimates or quotes how a project will be invoiced. Large projects may be split into a number of monthly interim invoices plus a final invoice on completion.
13.3 If the customer has opted for a monthly subscription plan you will be given details to set up a standing order for the agreed amount on a monthly basis for the minimum term of 48 months as per clause 8.1. You will be invoiced for this payment on a monthly basis. If payment ceases before the agreed timescale then 4D Web Design have the right to suspend all further works/website services for that customer until such time as payment is made in full. Charges may be made to have your website services reinstated.
14.1 4D Web Design will ensure that the specification quoted for to the customer works as intended. In the event that the customer reports that some part of the specification is not functioning correctly then 4D Web Design will investigate this and take corrective action.
14.2 In the event that the customer reports an issue which is related to a matter that falls outside of the project specification then 4D Web Design will investigate this and email the customer a report and, if appropriate, a price to carry out the extra work involved to resolve the issue.
15.1 Unless expressly agreed in writing to the contrary 4D Web Design do not have any liability to the customer for any delays in completing a project.
15.2 4D Web Design do not have any liability to the customer for the performance of a website, database or any other entity/service developed/setup for the client.
17.1 4D Web Design aims to achieve the highest level of client satisfaction and for our clients to have absolute faith in our standard of work and the professional manner in which we conduct business.
17.2 4D Web Design will endeavour to respond to any support requests within 4 hours either via email or phone. Outside of office hours we will endeavour to respond within 24 hours, otherwise within the first 2 hours of the next working day.
17.3 All clients will be provided with a dedicated, single point of contact for all support queries.
18.1 Identifying and fixing bugs on a live website will be given priority over other support requests. 4D Web Design will endeavour to fix bugs within 24 hours of receiving the identified bug.
19.1 Customers who have signed up to a monthly subscription with 4D Web Design shall be provided with the provision of work that must be performed on a regular basis to ensure correct function of the site and including any additional content to keep the site up to date, SEO and graphics work as agreed in your contract. 4D Web Design will endeavour to make content updates within 24 hours of receiving them.
19.2 For clients who are not on a monthly subscription, the responsibility for the maintenance of the site will be assigned to the client on the agreed completion date. On this date and for a minimum period of one calendar year thereafter, 4D Web Design warranties that the site will perform to the client’s satisfaction and shall be free from discernible errors or bugs. Any such errors noted and reported by the client shall be the responsibility of 4D Web Design.
19.3 4D Web Design shall not be liable for the provision of any work outside of a contract, which might be deemed to be maintenance (i.e. any work which must be performed on a regular basis to ensure correct functioning of the site or to keep content up to date), which, after the completion date, shall be the responsibility of the client unless that client is signed up to a monthly contract.
19.4 If maintenance or support other than that required to correct discernible errors or bugs or other programming defects during the first year is required by the client, all terms will be outlined in a separate specific maintenance contract.
We pride ourselves on developing technically robust websites and excellent customer service. However if there is any element of our service which you are unhappy with, we have a clear and effective complaints procedure in place.
In the first instance, contact the person you are working with and voice your concerns. Alternatively you can contact us by post, addressing your letter to: 1 Stanley Crescent, Gilsland, Brampton, Cumbria CA8 7BH We will respond in full to your complaint within 28 days.
4D Web Design aims to achieve the highest level of client satisfaction and for our clients to have absolute faith in our standard of work and the professional manner in which we conduct business. We will:
be friendly, courteous and helpful when you contact us
make every effort to explain things clearly and in terms you can understand, keeping jargon to a minimum
agree with you the type of service you can expect to receive
respond to your phone calls, emails and letters in a timely manner
treat all clients fairly and not discriminate against anyone regardless of race, sex, sexual orientation or disability
keep what you tell us confidential
deal with your clients in the same manner that we deal with you
We expect you to:
provide any information that has been requested within agreed time scales
pay all invoices within the payment terms defined in our agreement
let us know in advance if you are unable to do this, or if your circumstances change
We are keen to improve our high level of customer service and welcome any comments that you have, either complimentary or critical. If a project has not met its targets we would appreciate your feedback about what we can do to avoid the situation in future. We want our clients to be 100% happy with the service they receive.
