If there is any term or condition that prevents you from dealing with us, we will look at it, and if reasonable, will confirm in writing its exclusion as part of our agreement. The following terms and conditions apply to all web site design and associated services offered by FPWD. By ordering services from FPWD you are agreeing to the following terms and conditions.

Definitions
'FPWD' means the Company, French Property Web Design.
'Client' means any person or organisation with whom the Company enters into an agreement subject to these conditions.

Contract

The client’s approval for work to commence shall be deemed a contractual agreement between the client and FPWD. FPWD cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence. An anticipated finishing date will be agreed and FPWD will do its best to adhere to that but cannot guarantee to do so in the light of circumstances outside its control. Where in the instance that a time scale has been agreed, FPWD will not be responsible for any consequential losses to the client if the deadline is not met. The Client may request that FPWD cancel a project in writing by e-mail or postal mail, the project is cancelled only if FPWD confirms work has not been started on the project. If FPWD have begun or completed the work and the Client no longer requires the files but has agreed to the work, they are still obliged to pay for the work that has been carried out.

Copyright & Content
All material, both text and images, supplied by the Client and used in the construction of the client's website will remain the Client's property. All such material will be assumed to be the property of the Client and free to use without fear of breach of copyright laws. The website, graphics and any programming code remain the property of FPWD until all outstanding accounts are paid in full. All design, graphics and programming produced by FPWD will remain the property of FPWD for the duration of the website's existence and shall not be modified or reused by any third party or associated business, unless otherwise agreed or express permission from FPWD has been given. If any infringement of copyright occurs with the knowledge of the Client then the Client must inform FPWD immediately upon becoming aware of the breach. The Client must own copyright, or have rights of usage, of all artwork, trade names, photographs and other materials supplied to FPWD. The Client shall indemnify FPWD against any costs whatsoever in connection with the ownership of copyright, Rights of Usage or content. The Client shall have full liability for any consequences appertaining to the content of the site as long as the site reflects the Client’s instructions to FPWD. The Client is liable for any reasonable legal costs incurred by FPWD caused by the content supplied by the Client and agrees to indemnify FPWD for any awards made in a court of law. To remain efficient we must ensure that work we have programmed is carried out at the scheduled time, the Client agrees to make available as soon as is reasonably possible to FPWD all materials required to complete the site to the agreed standard and within the set deadline. On occasions we may have to reject other work and enquiries to ensure that your work is completed at the time arranged, this is why we ask that you provide all the required information in advance. If you agree to provide us with the required information and subsequently fail to do within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received.

Design Process
Site visits are rarely deemed necessary and the majority of design approval will be undertaken utilising the Internet, electronic files or other means.The client agrees to make available as soon as is reasonably possible to FPWD all materials required to complete the site to the agreed standard and within the set deadline. FPWD will make work available on the internet for review during the design process. When full payment has been received, FPWD will upload the Client’s web site to the domain location and transfer the site’s ownership and title to the Client.

Payment
A deposit of 30% is required with any project before any design work will be carried out. This figure is non-refundable. Full payment is due once the underlying structure and architecture is set up and ready - whether or not the website has been uploaded to a server. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. FPWD shall not be expected to wait for items that are the client’s responsibility before payment is due. Invoices will be provided by FPWD upon completion of the work for web design and any associated services. Invoices are normally sent via e-mail. All invoices must be paid in full within 7 days of the invoice date. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £25 per month of the total amount due. Any payment returned by the bank will incur a £15 administration charge, this will be invoiced and will be added to the total outstanding debt owed by the customer.

Domain Names & Hosting
As part of our design package we include the initial cost of registering your domain name and the cost of hosting the site for the first 2 years. Hosting is charged at 35€ (£27) per annum after the initial 2 year period. If the client already has a domain name and/or hosting account but wishes to transfer them to FPWD in order to take advantage of our free hosting offer, any costs associated with this transfer will be passed on to the client. The client retains ownership of any domain name transferred to the hosting platform used by FPWD and can transfer their domain elsewhere at any time should they so desire. However, should the client wish to transfer the domain elsewhere they will not be able to benefit from the free hosting offered by FPWD. If the domain name is bought by FPWD the annual cost of renewing the domain (after the initial 12 months) will be invoiced to the client on an annual basis. Should the client already have a domain name and/or a hosting account the client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which FPWD requires to upload the website if required as part of a project.