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  1. #1
    WDF Staff m3n0tu18's Avatar
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    Hi all,

    We have just uploaded our terms and conditions for the clients.

    Would someone be able to review it for me and suggest removing or adding anything. We don't want to get stuck in a legal hole if that makes sense.

    Any questions feel free to ask.

    Links here: http://www.apollodesignstudios.co.uk...onditions.html

    Thanks guys
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  3. #2
    Unpaid WDF Intern TheGAME1264's Avatar
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    2.2. When the Client places an order to purchase or rent a web site, template, services or web site updates from Developer, the order represents an offer to Developer to purchase or rent the web site, template or web site updates which is accepted by Developer only when an invoice is sent to the Client. No contract for the supply of services exists between Client and Developer until Developer sends an invoice to the Client for payment. The invoice equals acceptance by Developer (or third party supplier) of Clients offer to purchase services from Developer and this acceptance of work is a valid contract between Client and Developer regardless of whether Client receives the invoice.
    I'm not sure about that clause. It may be simply that a signed document would suffice as a contract. Sending an invoice that isn't received by a client probably won't hold up in court. You'd have to ask a lawyer abuot that one, though.
    3.3. Copyright of the completed web designs, images and pages, code, source files and templates created by Developer for the project shall be with the Developer. Client may obtain ownership only upon payment of an amount either stated as purchase price or agreed between Developer and Client. This will hereafter be referred to as a template purchase. Without agreement, ownership of designs and all code remains with the Developer.
    If this refers to custom stuff, this definitely doesn't apply in some cases. In the province of Ontario, for example, IP is retained by the client when the job is commissioned to the developer, regardless of whether or not the developer is paid at the time. If the developer wants to get paid, the developer has to sue. I've actually had this verified by an IT lawyer.
    6.6. Developer endeavours to create pages that are search engine friendly, however, Developer gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall Developer be held liable for any changes in search engine rankings as a result of using Developer's code.
    You need an apostrophe for "Developer's code".
    6.8. After site completion, a Client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the Client agrees that in 6.9. so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then Developer reserves the right to quote for work to repair the web site.
    No hyphen is needed in "themselves".

    I'd move your IE version down to 7 or 8...probably 7. I usually check from 7-9 now.

    I can't see anything with the rest of it. Mind you, that's a whole lot of reading that most people probably aren't going to bother with.
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  4. #3
    WDF Staff m3n0tu18's Avatar
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    Thanks Game, Gonna forward it to my partner to amend issues. I knew you would be able to help out ^^, will bump thread once changes have been made. If anyone else notices anything please say Thankyouu
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  5. #4
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    Hi,
    Thanks for the pointers there.
    On clause 3.3 are you trying to say that we don't have the right to charge for copyright. I want it to state that we own the site and all related stuff until we are paid for the exclusive rights to the site. Is this not something we can do then?

    Regards
    Rob - Apollo design studios.

  6. #5
    Unpaid WDF Intern TheGAME1264's Avatar
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    Depends on the jurisdiction, Rob. In Ontario, you can't do that...even if you designed the graphics and stuff from scratch.

    I know why you want it there (to get people to pay for the work you did), but it doesn't work in some cases.
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  7. #6
    WDF Staff m3n0tu18's Avatar
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    Quote Originally Posted by TheGAME1264, post: 213918
    Depends on the jurisdiction, Rob. In Ontario, you can't do that...even if you designed the graphics and stuff from scratch.

    I know why you want it there (to get people to pay for the work you did), but it doesn't work in some cases.
    What do you suggest we do in this case? Is there anything we can put in?
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  8. #7
    Unpaid WDF Intern TheGAME1264's Avatar
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    I'd leave it in anyway, since you do also have a severability clause. Just understand that in some cases, that clause is going to be null and void.
    Tr3bor likes this.
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    If someone helped you out, be sure to "Like" their post and/or help them in kind. The "Like" link is on the bottom right of each post, beside the "Share" link.

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  9. #8
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    Alright thanks for that. I think it does make sense not to charge due to the fact that we are effectively being hired to carry out a service for client that they want for themselves.
    Do you think however, that it would be an idea to charge for the ftp details if a client does not wish to use us as their host?

    Many thanks for your time.

    Rob

  10. #9
    Unpaid WDF Intern TheGAME1264's Avatar
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    Again, that's where you get caught. If it's their IP, you have to give that up in Ontario. I was actually able to circumvent this once by shutting down an old server before I had to give it up (and since the former client owed me money, they weren't going to go to court over the IP, or else the debt would have come out)...but that's a one-off set of circumstances. And the client in this case actually ran a spider on my server without permission to harvest the content (which turned into all kinds of disaster for them, but it was funny as hell for me to watch...go ahead, harvest an e-commerce site with a customized backend that requires a login and password, and see just how far you get.)
    Tr3bor likes this.
    If I've helped you out in any way, please pay it forward. My wife and I are walking for Autism Speaks. Please donate, and thanks.

    If someone helped you out, be sure to "Like" their post and/or help them in kind. The "Like" link is on the bottom right of each post, beside the "Share" link.

    My stuff (well, some of it): My bowling alley site | Canadian Postal Code Info (beta)

  11. #10
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    Ha love it.
    Sounds like the best thing to do is charge and only not charge if they challenge it.

    Rob


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