Service Agreement

For customers utilising website development, or other services provided by Top Web Directories
Following are terms of services for website development services provided by Top Web Directories. Signature on our order form, or submission of an online order for service, indicates agreement to these terms of service.

“The company” is Top Web Directories.

Payment Terms Website Development

The company requires a minimum of 50% down payment on all custom website development and design services. Down payment on website development is non-refundable, and down payment amount may be modified at the company’s discretion. The final balance is due 15 days from completion of website development project. Should a development project span more than 30 days, the customer will receive progress billing in the amount of at least 25% of the remaining balance each month, beginning on day 30 of development. Ongoing website maintenance and updates are billed on the 1st calendar day of the following month.

General Payment Terms

Payment is due 15 days after the date of an invoice for all services. Accounts are in default if payment is not received 20 days after the invoice date. If the customer pays by check that does not clear, the customer is immediately in default and subject to a returned check charge. Accounts unpaid 60 days after date of invoice will be subject to service interruption. Such interruption does not relieve you from the obligation to pay the charge. Accounts in default are subject to an interest charge of £5.00 or 1.5% per month on the outstanding balance, whichever is greater. If you default, you agree to pay the company its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

Content Responsibilities

The customer is responsible for all content posted or stored on their web hosting space. The company exercises no control over the content or information contained on the servers used for hosting. The company will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. The company is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the company provides or the software used by the customer.

Service Interruptions

The company is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.

Account Credentials

The customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact the company immediately via e-mail or telephone.

Governing Laws

This agreement will be performed in and governed by the laws of the United Kingdom. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. The company reserves the right to discontinue service for violation of any of the conditions of this service agreement.

All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.

Hosting

Though the company may offer assistance with hosting setup, the company is not a hosting company and does not accept any responsibility for failures related to hosting.

Adherence to Proposal

It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by the company. Should services or resources fall above the scope of the original proposal, the company reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development or net 15 days, at the company’s discretion.

Project Timeline

It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by the company will result in delay of project, or risk putting the project on hold. The company may invoice customer for additional resources should the delay of a project interrupt the company’s workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.

Website Copyright

The copyright on a custom website is transferred to the website purchaser after full payment has been received for the website. If copyright transfer has been processed, customer may receive a full backup of their website upon cancellation. This backup will include the entire file structure in a .zip file and, if applicable, an SQL file containing the MySQL database dump.

Though a website or web application becomes the customer’s property upon payment, the techniques, methods and coding solutions used in the product are not. The company re-uses code snippets and methodologies that have been developed over many years, and shall continue to use this code on future projects for other customers.

Website Go Live and Access

A project is considered complete when full development scope has been reached, and project is approved by the customer. Should customer request changes beyond what was agreed to in the original proposal, the company may complete these changes at additional cost. Once a project is considered complete, the customer has one business week to launch the website, or provide the company with credentials necessary to bring the website live. Failure to launch a website within one week of completion of the project may delay go live date, and may incur additional expenses at the company’s discretion. Once a project is complete, all changes requested will be carried out on an ad hoc basis subject to availability of the developers, unless a maintenance contract is in place. Account access to website and written or verbal training, as agreed to in the initial proposal, will be granted only after final payment for the project is received by the company.