Terms and Conditions

OBR LTD and sub-brands OBCODA, OBRS (referred to in this privacy notice as “we”, “us” or “our” “Company”) respects your privacy and is committed to protecting your personal data. The following terms and conditions apply to all website services provided by OBR LTD to the client.

Last updated: 15th August 2022

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges

Charges for services to be provided by OBR LTD are defined in the project quotation/statement of work that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 60 days. OBR LTD Web Design reserves the right to alter or decline to provide a quotation after the expiry of the 60 days.

Unless agreed otherwise with the Client, all website design services require an advance deposit payment of a minimum of twenty five (25) percent. This figure is non-refundable and work will begin at this stage.

After the client has approved the design/discovery phase the client will be presented with due payment of (25-50) percent. At this point it is advised the client should present any issues they have with the designs provided before we proceed to the next stage which involves building and testing the website.

A final fee of the project is due upon completion of the work. Prior to upload to the server or release of materials. Figures will always be discussed and agreed via a payment sheet or statement of work before any work/transfers have been made.

By paying the next due payment the client acknowledges work complete to their liking by OBR LTD. A second payment should not be made if the client is not satisfied with the design work that OBR LTD have provided. In most cases, we can amend and change as necessary. Once we move on to the next phase the next instalment is due before any work has commenced.

Payment for services is due by online bank transfer only.

Client Review

OBR LTD will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies OBR LTD otherwise within ten (10) days of the date the materials are made available to the Client.

Turnaround Time and Content Control

OBR LTD will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon OBR LTD receiving initial payment, unless a delay is specifically requested by the Client and agreed by OBR LTD.

In return, the Client agrees to delegate a single individual as a primary contact to aid OBR LTD with progressing the commission in a satisfactory and expedient manner.

During the project, OBR LTD will require the Client to provide website content; text, images, movies and sound files etc. to populate the website.

Failure to provide required website content

OBR LTD is a small business, to remain efficient we must ensure that the work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for 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 at least one (1) week prior to the agreed completion date. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site agreed in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do before the agreed time, two (2) months prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately.

OBR LTD agree to make periodical updates to any sites commissioned and hosted by OBR LTD. This is subject to a fair usage clause. OBR LTD reserve the right to reject or charge for requests that exceed 3 hours of hourly work.

NOTE: Text content should be delivered as an Apple Pages, Microsoft Word, pdf file, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Payment

All invoices will be provided by OBR LTD upon completion but before publishing the live website. Invoices are normally sent via email, however, the Client may choose to receive a hard copy. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of twenty percent (20%) or £30 per month of the total amount due, whichever is greater.

If a client decides to cancel the project after the second payment, the remaining balance becomes payable immediately.

Additional Expenses

OBR LTD will discuss additional expenses if necessary, with the client. Examples of additional expenses would be the purchase of; fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials.

Web Browsers

OBR LTD makes every effort to ensure websites are developed to look the same as the confirmed designs across all popular computer and mobile devices. Websites are developed to work with all popular browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that OBR LTD cannot guarantee correct functionality with all browser software across different operating systems in the future.

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on an OBR LTD server, OBR LTD will, at its discretion, remove all such material from the server. OBR LTD is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay OBR LTD reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by OBR LTD in enforcing these Terms and Conditions.

Termination

Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or by email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity

All OBR LTD services may be used for lawful purposes only. You agree to indemnify and hold OBR LTD harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants OBR LTD the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting OBR LTD permission and rights for use of the same and agrees to indemnify and hold harmless OBR LTD from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to OBR LTD that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery

Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by OBR LTD to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.

Design Credit

A link to OBR LTD may appear in either a small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than £500, a fixed fee of £100 will be applied. The Client also agrees that the website developed for the Client may be presented in OBR LTD’s portfolio.

Access Requirements

If the Client’s website is to be installed on a third-party server, OBR LTD must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post-Placement Alterations

OBR LTD cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Domain Names

OBR LTD can purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the client. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of OBR LTD. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by English Law.

Liability

OBR LTD hereby excludes itself, its Employees and or Agents from all and any liability from:

• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
• Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
• The entire liability of OBR LTD to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
• SeverabilityIn the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.

Newsletters

All email addresses have been acquired through a newsletter subscription form, or the client has provided the contact list. All our emails are sent from the mail.obrltd.com hostname. If you wish to unsubscribe from any mail list sent by mail.obrltd.com click ‘unsubscribe’ at the bottom of the campaign email, or email [email protected].