Website Design Terms & Conditions

The terms and conditions below are relevant for website design work only. But you must still read the terms and conditions that we attach to any proposal we provide as they may be specific for your project.

By placing an order with Foundry Labs, you confirm that you are in agreement with and bound by the terms and conditions set out below. This document should be read in conjunction with the Proposal that Foundry Labs has provided to you. Together these documents form the contract between Foundry Labs and You. Once you have read, understood and agree to the Proposal and Terms and Conditions set out below please sign and date the final page of this document. Once you have signed this document it is deemed that you have understood and are bound by the terms of Your Agreement with Foundry Labs.

1. Definitions

“Customer” means any person, company, partnership, organisation or body at whose application, Foundry Labs agrees to provide the Service set out under the terms of the agreement.
“Foundry Labs” means Foundry Labs as the primary designer/site owner & employees and or affiliates.
“Agreement” means the contract between Foundry Labs and the Customer to which these conditions will apply.
“Services” means the design of a website in accordance with the Customer’s specification.
“Order” means the confirmation by the Customer that they accept the quotation provided by Foundry Labs and are in agreement with these terms and conditions.
“Price” means the total cost of the Services required by the Customer.

2. The Contract between you and Foundry Labs
2.1 You are invited to buy the Services from Foundry Labs. If you subsequently decide to have Foundry Labs provide the Services to you, then you will need to confirm your Order whether verbally, or in writing following receipt of Foundry Labs’ quotation for the design of the website in accordance with your specification. The Services will be subject to these Terms & Conditions.
2.2 A binding contract will only occur when Foundry Labs has received your Order and deposit of 30% from you. You should only confirm your Order to Foundry Labs if these Terms and Conditions are acceptable to you without adjustment and/or modification.

3. The Price of our Services
3.1 Our charges for any Services ordered by you will be based upon the quotation that we provide to you before the placing of your Order.
3.2 Quotes we provide are valid for 28 days only.

4. The Services
4.1 Foundry Labs will design and build a website for the Customer based on text and/or images provided by the Customer.
4.2 Alternatively an option may be given whereby the site is designed using an open-source Content Management System (CMS).
4.3 If images cannot be provided by the Customer then Foundry Labs will source either stock photography, or will produce them ‘in house’.
4.4 Foundry Labs will provide either a ‘mock up’ of the site in Photoshop or a single page of the website will be designed for the Customer to approve. Once the Customer has approved the design, any alteration will result in an additional charge being made in accordance with the quotation.

5. Performance of the Services
5.1 Foundry Labs will endeavour to complete all Services within in any agreed timescale or within a reasonable period.
5.2 The design and building of the website will commence upon the receipt of the deposit and the provision of the images and text by the Customer. The only exception to this is where, by prior agreement with us, the images shall be sourced by Foundry Labs for the Customer.
5.3 Time shall not be of the essence.
5.4 On completion of the Services, the website will be uploaded to a temporary URL for the approval of the Customer.
5.5 Foundry Labs reserves the right to delay the uploading of the approved site to it’s hosting server or supply of the website files to the Customer for transfer onto any other hosting server other than that provided by Foundry Labs until full payment has been received.
5.6 Upon completion of the website Foundry Labs will provide a sign off sheet that must be completed. It is your responsibility to check your website for errors and note them on this form. We will then correct these errors, and once done the website will be deemed complete. If no errors are present, then once signed, the website is deemed complete. All further work will become chargeable.
5.7 Errors will only be items that do not meet the final specification, for example; spelling mistakes, a function performing not as it should do, or an error on our part. It will not include anything that has been previously agreed upon, or an error on your part.
5.8Failure to return the sign off sheet to us within 28 days of it being issued to you will result in the website being deemed complete by default. All further work will be chargeable.

6. Payment
6.1 Upon acceptance of the Customer’s Order by Foundry Labs a minimum deposit of 25% of the full price, or £100, whichever is greater, shall be due to confirm the Order. A lower or higher deposit can be paid if previously agreed.
6.2 The balance of the Price, including any additional fees, shall be due on completion of the Services. The website will not be transferred to the permanent server until full payment has been received.
6.3 Foundry Labs will accept written notice of termination of the Agreement but will not be required to make any refund to the Customer or give credit for any uncompleted section of the Services.
6.4 Termination of the Agreement by the Customer will result in forfeiture of the deposit already paid. We also reserve the right to recover any expenses incurred.
6.5 Any legal expenses that we incur due to Customer non-payment shall be passed onto the Customer to pay.
6.6 Foundry Labs accepts payment by cheque (made payable to “Foundry Labs”). We also accept payment by Switch, Maestro, Visa, and MasterCard. On payment by credit card a 2.5% handling charge will be added to the Price. We can also accept payment by BACS transfer. Should this payment method be requested then payment details would be provided to the Customer.
6.7 If a payment you make to Foundry Labs is refused by your Bank/Credit Card company and we incur any costs, then these costs will be added to the Price and will become payable immediately. We will stop work on your Services until payment has been received including any costs we incurred.

7. Intellectual Property Rights
7.1 Foundry Labs retains the rights to all code, design and functionality of websites that we create.
7.2 The Customer shall retain the rights to any text, image or design for their website, once full payment has been received, except as stated in section 7.3.
7.3 If Foundry Labs uses stock music, photography, or imagery then the intellectual rights shall remain with their respective authors.
7.4 The Customer acknowledges that Foundry Labs may and by the Agreement licensed to use any information provided by the Customer to enable Foundry Labs to produce the website.

8. Your Obligations to Us
8.1 The Customer will promptly provide to Foundry Labs (free of charge) any information that we may reasonably require to allow us to proceed with our obligations under the Agreement.
8.2 The Customer shall be responsible for ensuring that all material provided to Foundry Labs is accurate and is either owned by the Customer or that the Customer has the permission of the owner for said material to be used in relation to the provision of the Services.
8.3 The Customer will indemnify Foundry Labs in respect of any losses, costs or claims incurred by Foundry Labs as a result of any breach by the Customer of this obligation.
8.4 The Customer shall pay Foundry Labs promptly all payments that are due under this Agreement.
8.5 The Customer shall keep confidential any information they receive on Foundry Labs during, and on completion of the Services.
8.6 Any confidential information shall not enter the public domain unless it is no longer deemed to be confidential and enters the public domain via Foundry Labs.

9. Our Liability to You
9.1 Foundry Labs’ obligation is limited to the provision of the Services.
9.2 Whilst Foundry Labs believes that the website will benefit the Customer, Foundry Labs gives no express or implied warranty as to the effectiveness of the website as a mode of benefiting the Customer in any way.
9.3 Foundry Labs will keep confidential all information received from the Customer during and on completion of the Services.
9.4 Foundry Labs will not release this information into the public domain unless it becomes public information.
9.5 Foundry Labs will release confidential information if required to do so by law.
9.6 The Customer acknowledges and accepts that Foundry Labs will have no further liability to the Customer whether in contract, tort, breach of statutory duty or otherwise.
9.7 The Customer acknowledges and accepts that Foundry Labs makes no warranty and has given no representations of any kind beyond those contained above.

10. Termination
Foundry Labs shall have the right to terminate the Agreement if:
10.1 The Customer is in breach of its obligations to Foundry Labs as laid out in paragraph 8.
10.2 The Customer shall fail to approve the website without reasonable cause and without reasonable period.
10.3 The Customer threatens Foundry Labs and or it’s employee and affiliates.
10.4 The Customer acts in a manner that is deemed to be wholly inappropriate for the Services to continue.
This list is not exhaustive.

11. Governing Law and Jurisdiction
11.1 The Agreement shall be given by and interpreted in accordance with English Law.
11.2 Foundry Labs and the Customer acknowledge that the Courts of England shall have exclusive jurisdiction to settle any dispute, which may arise in connection with the Agreement.