TERMS & CONDITIONS OF TRADE

  • Permission and Copyright
    1. Copyright of the completed web designs, pages, code and source files created by G-Business Solutions for the project shall be with the Customer upon final payment.
    2. These terms of use grant a non-exclusive limited license so that the Customer can use the design on one website on one domain name only. The Customer is not permitted to use a design for more than one website without prior written agreement between the Customer and G-Business Solutions.
    3. The Customer agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Customer and G-Business Solutions.
    4. The Customer hereby agrees that all media and content made available to G-Business Solutions for use in the project are either owned by the Customer or used with full permission of the original authors. The Customer agrees to hold harmless, protect and defend G-Business Solutions from any claim or suit that may arise as a result of using the supplied media and content.
    5. The Customer agrees that G-Business Solutions may include a development credit and link displayed on the Customer’s web page, which may be within the code but not displayed on a web browser if requested by the Customer.
    6. The Customer agrees that G-Business Solutions reserves the right to include any work done for the Customer in a portfolio of work. This will exclude a business in direct competition without express permission of the customer.
    7. The Customer agrees to abide by the terms of any third party software or media included within any work done for the Customer. Examples of this include, but are not limited to, Googlemaps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.
  • Content
    1. The Customer agrees to provide any needed information and content required by G-Business Solutions in good time to enable G-Business Solutions to complete a design or website work as part of an agreed project. Should the delay in providing information & content required for the successful completion of the project become excessive, G-Business Solutions reserves the right to invoice the Customer for any work completed.
    2. G-Business Solutions reserves the right to refuse to handle:
      1. Any media that is unlawful or inappropriate.
      2. Any media that contains a virus or hostile program.
  • Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
  1. Any media that constitutes a criminal offence, or infringes privacy or copyright.
  • Additional Work
    1. Additional work requested by the Customer that is not specified in the agreed quotation is subject to an additional quotation. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project
    2. If the Customer requests design or, content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, G-Business Solutions reserves the right to quote separately for these alterations
    3. After site completion, a Customer or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Customer agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Customer or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then G-Business Solutions reserves the right to quote for work to repair the website.
  • Accessibility & Web Standards
    1. G-Business Solutions tests sites and templates to ensure they comply with WAI accessibility standards to Level A conformance at time of sale. Should the Customer request that G-Business Solutions alter the site or templates to meet specific WAI accessibility guidelines, or if updated WAI accessibility guidelines were introduced after the site or templates were sold to the Customer, G-Business Solutions reserves the right to quote separately for any additional work needed. If the Customer uses Drupal Themes or Modules, or other CMS systems that are not built by G-Business Solutions, the overall page may not meet WAI accessibility standards to Level A conformance.
    2. G-Business Solutions tests sites and templates to ensure they comply with W3C HTML standards as they are at time of sale. Should updated W3C HTML guidelines be introduced after the site or templates were sold to the Customer, G-Business Solutions reserves the right to quote separately for any additional work needed. If the Customer uses Drupal Themes or Modules, or other CMS systems that are not built by G-Business Solutions, the overall page may not meet W3C HTML standards.
    3. G-Business Solutions shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the standard development platform, which includes recent versions of the main browsers, Internet Explorer and Mozilla Firefox. The Customer agrees that G-Business Solutions cannot guarantee correct functionality with all browser software across different operating systems.
    4. The Customer agrees that, following handover of files, any updated software versions of the browsers detailed in the standard development platform, including the browsers Internet Explorer and Mozilla Firefox, domain name set-up changes or hosting set-up changes thereafter may affect the functionality and display of their website. As such, G-Business Solutions reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software, domain name or hosting changes.
    5. The Customer agrees that more advanced applications on a website page may require a newer browser version or plug-in.
  • Post-Handover
    1. G-Business Solutions will keep a copy of the site and design source files when a website project is being worked on. However, the Customer agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.
    2. On handover of files from Developer to Customer, the Customer shall assume entire responsibility in ensuring that all files are functioning correctly before use. Whilst every effort is made to make sure files are error free, G-Business Solutions cannot guarantee that the display or functionality of the web design or, the website will be uninterrupted or error free. If, after handover of files, errors are found in code G-Business Solutions has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then G-Business Solutions can correct these errors for the Customer free of charge for a period of 3 months, after acceptance of the work. After the 3-month period, G-Business Solutions reserves the right to quote separately for any work involved in correcting an error.
    3. If, after handover of files, errors are found in code G-Business Solutions has created and the standard development platform, or the domain name set-up or hosting set-up have been changed, G-Business Solutions can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.
    4. G-Business Solutions may from time to time recommend to the Customer that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. G-Business Solutions reserves the right to quote for any updates as separate work. The Customer agrees that G-Business Solutions is not liable for any failure to inform or implement these updates to their site. The Customer agrees that it shall defend, indemnify, save and hold G-Business Solutions harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
  • Payment Terms
    1. Prices are subject to change without notice.
    2. All quoted prices are currently not subject to VAT.
    3. All invoices must be paid in full within 14 days of the invoice date, except where agreed at G-Business Solutions’ own discretion.
    4. G-Business Solutions reserves the right to decline further work on a project if there are invoices outstanding with the Customer.
    5. G-Business Solutions reserves the right to remove its work for the Customer from the Internet if payments are not received.
  • Liability and Warranty Disclaimer
    1. G-Business Solutions provides their website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. G-Business Solutions cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
    2. The Customer agrees that G-Business Solutions is not liable for any bugs, performance issues or failure of their Magento, WordPress or Joomla software as these open-source software(s) distributed under GPL (“GNU General Public Licenses”) are maintained and developed by communities of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the relevant development community.
    3. G-Business Solutions endeavours to provide a website within given delivery time scales to the best of its ability. However, the Customer agrees that G-Business Solutions is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
    4. The Customer agrees that G-Business Solutions is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
    5. G-Business Solutions is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
    6. Should the Customer go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, G-Business Solutions reserves the right to cancel forthwith any projects and invoice the Customer for any work completed.
    7. G-Business Solutions shall have no liability to the Customer or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if G-Business Solutions has been advised of the possibility of such damages.
    8. There are sometimes laws and taxes that affect Internet e-commerce. The Customer agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend G-Business Solutions and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Customer’s exercise of Internet e-commerce.
  • Indemnification
    1. The Customer agrees to use all Developer services and facilities at their own risk and agrees to defend, indemnify, save and hold G-Business Solutions harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against G-Business Solutions or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Customer or its third parties.
    2. The Customer agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.
    3. The Customer also agrees to indemnify, hold harmless and defend, G-Business Solutions against any liabilities arising out of injury to property or person caused by any product or service sold by the Customer or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.
  • Non-disclosure
    1. G-Business Solutions and any third party associates agree that, unless directed by the Customer, it will not at any time during or after the term of this agreement disclose any confidential information. The Customer agrees that it will not convey any confidential information about G-Business Solutions to another party, unless directed by G-Business Solutions.
  • Privacy Policy
    1. G-Business Solutions and any third party associates shall use information provided by the Customer in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the Customer in communications with them and to contact the Customer from time to time to offer them services or products that may be of interest to or benefit the Customer.
  • Interpretation
    1. G-Business Solutions reserves the right to terminate a project with a Customer at any time without prior notification if it finds the Customer in breach of these Terms and Conditions. G-Business Solutions shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.
    2. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
    3. Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
    4. This agreement is void where prohibited by law.