> fudgie design web based work: terms of business
Web Design Project Agreement (updated 24th November2006)

Authorisation:
The Client (as detailed on either relevant invoice, quotation or email correspondence), (hereinafter referred to as “Client”) is engaging fudgie design as an independent contractor for the specific purpose of designing a World Wide Website (hereinafter referred to as “Web Design Project”) to be published on the Client’s account on an Internet Service Provider (ISP) computer, hereinafter refer to as “Hosting Service”, or provided on CD at the Client’s option. The Client hereby authorises fudgie design to access this account, and authorises the Hosting Service to provide fudgie design with “full access” to the Client’s account, and any other programs needed for this Web Design Project that are included as part of the Client’s service agreement. The Client also authorises fudgie design to submit the completed Web Design Project to major Web Search Engines.

Development:
This Web Design Project will be developed using authoring tools including, Dreamweaver, Flash, ASP, HTML, Photoshop or any other package deemed necessary to complete elements of the Web Design Project.

Browser Compatibility:
Designing a website to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. fudgie design represents and warrants that the website we design for you will work in:
Microsoft® Internet Explorer versions 4 and up
Firefox/Mozilla version 1.5 > on either Mac or PC platforms
While fudgie design will make reasonable efforts to design a fully-functional web site, fudgie design warranty does not cover AOL, text-based browsers or requested special effects that we have advised you against. Without sacrificing quality and design, we try to ensure that the content and functions we build into our websites are available to all visitors.

Assignment of Web Design Project:
fudgie design reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.

Copyrights and Trademarks:
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork used by, or furnished to fudgie design for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify fudgie design and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. This includes any material that could be deemed pornographic in nature or any material unsuitable for viewing by certain age groups.

Website Maintenance: Hourly Charge
This agreement allows for minor website maintenance to pages, at an agreed additional charge, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via CD etc. If the Client’s web design package includes database access using Active Server Pages (ASP), then very minor page code changes will be accepted under this website maintenance plan, major page code and/or database structural changes will be charged at additional hourly rates. All communications for maintenance must be by email.

Completion Date:
fudgie design and the Client will work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than the agreed time after the Client has submitted all necessary materials. If the Client does not supply fudgie design with complete text and graphics content for this Web Design Project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by fudgie design as liquidated damages and the contract shall become null and void, at fudgie design’s option.

Project Delivery:
The final website design project will be published to the Client’s hosting service upon receipt of payment or delivered via CD upon the receipt of full payment.

Publishing:
If the clients hosting service is not configured correctly to support our publishing functionality, fudgie design charges at an hourly rate for the effort involved to resolve whatever problems may arise. Note: this does not apply to fudgie design Hosting.

Hosting Services:
All websites must be considered as work in progress until signed off by the client. No website will be uploaded onto the hosting server until signed off and paid for in full with cleared funds. fudgie design have the facility to add websites being built onto the back of the clients.fudgie.co.uk website for the purposes of examination and testing by the client. In extraordinary cases fudgie design will upload ‘unfinished’ websites onto the host server for testing. ALL Websites must undergo a period of soak testing and problem shake-downs before being considered as ‘live’ for the general public, particularly with websites containing databases and/or shopping trolleys.

fudgie design offer hosting services through third party companies as resellers. fudgie design is NOT responsible for the operational efficiency of third party hosting servers. Nor can we be held responsible for any losses incurred due to ‘down time’ by third party hosting servers, or loss of data due to virus impregnation of third party hosting servers or losses due to faulty back-up systems that are the responsibility of the client. fudgie design actively encourages its clients to duplicate its daily back up systems and can provide advice, systems software and the training of staff responsible for this important facet of website databases and shopping systems.

Search Engine Submissions:
fudgie design will register your Web Design Project with the major search engines free of charge but does not guarantee that any such search engines will place the Client’s Web Design Project near the top for any given search results. In addition some search engines do not guarantee that submissions will be accepted. These actions are deemed outside of fudgie design’s control.

Electronic Commerce Laws:
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend fudgiedesign and its subcontractors from any claim, suit, penalty, tax, tine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

Advertising:
Unless otherwise agreed fudgie design reserve the right to initiate advertising of fudgie design’s services on each home page of websites that have been designed or are hosted by fudgie design. This will normally be a small line at the foot of the home page indicating that the website was designed by fudgiedesign.co.uk.