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Terms and Conditions of Use


Definition of our terms as used in this document:

1. A ‘Project' is any work undertaken or service provided by Toucan Web Design for the client.

2. A ‘Client' is a person, persons, business or organisation using any of the services provided by Toucan Web Design .

3. ‘The Payment Period' shall be the time allowed by Toucan Web Design for receipt of all monies owed to Toucan Web Design by the client.

4. The 'Design Phase' shall be the time used on website design until the client has approved the design.

5. ‘Live Mode' will be from the date the website is available on the clients chosen domain.

6. ‘Domain' is the website address as specified by the client.

7. ‘Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).

8. ‘Hosting' is a yearly cost to keep a clients website files hosted online.

9. ‘Content' is both text and images that the client requires on the website.

Toucan Web Design Terms & Conditions

1. The contract between Toucan Web Design and the client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

2. The works to be carried out shall be as agreed between Toucan Web Design and the Client.

3. Toucan Web Design will only commence work on a project after receipt of 50% deposit of the estimated project fee from the client. We will also require 25% payment on approval of the overall design concept. The final 25% payment is to be made on completion of the website. The website will be switched to live mode once the clients remaining balance is paid in full.
All project fees are estimates and final cost of project will be based on hours worked and calculated on work completed at our standard hourly rate.
All deposit percentages are at the discretion of Toucan Web Design.
The deposit paid to Toucan Web Design covers the cost of design work carried out. It is not possible to refund a deposit once Toucan Web Design have sent the first design to the client. The first design will apply to any work carried out including rough layouts or logo designs. Toucan Web Design reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by Toucan Web Design but possible providing Toucan Web Design decide upon this option.
By paying a deposit the client is entering upon an agreement that is covered by these terms and conditions, and agree to these terms and conditions.
If no communication is received from a client upon request for information within a 14 day period, Toucan Web Design Limited reserve the right to send the customer a final bill for the full cost of the website design.
Toucan web Design Limited reserve the right to charge a late fee of 10% of total cost on all invoices not paid within the due date as well as limiting use of services including domain name registration and web hosting for overdue accounts.


4. Toucan Web Design reserve the right to charge for any services used by our company and its employees this includes and is not limited to telephone, email and verbal communications, letters, accountancy, research, computer, script, software, server, email repairs and help and any other works timed and charged at our standard rates.
Any request for work by the Client whether by Email, Telephone or verbal will be subject to these terms and conditions and will be subject to our current hourly rate.

5. Any graphical or logo design will consist of a maximum of 2 complete designs with 2 revisions to the preferred design, further designs or revisions will incur additional costs. Once the design phase has been approved by the client, Toucan Web Design will not make any design changes to the site. If the client does require extra design changes at this point a fee of 25% of the full website cost will be charged.

6. Toucan Web Design shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate legally within UK law. It is important that the website is not in anyway illegal.

7. Where images used on the website have been purchased by Toucan Web Design on behalf of the client, these images are strictly for use on the website only. Toucan Web Design are not liable for misuse of these images by the client or any other person/s copying, altering or distributing the images to individuals or other organisations.

8. Toucan Web Design will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so we will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website hosting will be available at all times, hosting is a service offered by Toucan Web Design Limited and is operated by a third party, we cannot guarantee uptime of your website emails or other hosting services and cannot be held responsible for any downtime regardless of the cause of the problem, we do not offer compensation or any liability for business lost or failure of the web server whatsoever.

9. Toucan Web Design cannot be held responsible for anything adversely affecting the client's business operation, sales, or profitability that they might claim is a result of a service offered by Toucan Web Design .

10. Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.

11. Toucan Web Design will provide the client with an expected project completion date (live on the internet) if requested. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date, this deadline is subject to all necesasary data required to complete the website being made available by the client to Toucan Web Design.

12. It is the clients responsibility to check with Toucan Web Design that open source software is being used or not.

13. We do not charge customers for open source software. If there is a charge for a website using open source software, you are paying for the installation time. Open source software is not owned by Toucan Web Design or our client.

14. Toucan Web Design own all design and code of the website until final payment has been received in full. Once final payment is received, the client will then have the option to purchase full copyright of design and code from Toucan Web Design subject to an agreed copyright removal fee, alternatively we offer our clients a licence to use our code and designs at our descretion for use as a website, additional designs for print and third party usage is at the descretion of Toucan Web Design Limited and subject to a fee to use the design. Images will have been purchased by Toucan Web Design for the client unless the images have been supplied by the client. Item 14 is subject to item 13.

15. All images displayed on the client's website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client OR Toucan Web Design , they will be the sole responsibility of the client.

16. Domain names will be registered by Toucan Web Design and also registered to the Toucan Web Design current address. Although the domain names are registered to Toucan Web Design , the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, ToucanWebDesign will do this within reasonable time and subject to any incurred administration fees. Any domain that Toucan Web Design register for a client will be automatically renewed unless cancelled in writing and the client will be liable for all charges for the domain name renewal to the relevant authorities plus any additional administration fees.

17. It is the responsibility of the client to renew their domain names when due. If a domain name expires, Toucan Web Design can not be held liable for this. However, Toucan Web Design will make reasonable effort to contact the client regarding domain renewal.

18. When a client renews “hosting” with Toucan Web Design , this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting, their domain name could be made available to the public for purchase and Toucan Web Design can not be held liable for this.

19. Renewal of “hosting” is due on a yearly basis. The date of renewal will be annually from the last day of the preceding month from when hosting commences. The “hosting” will not be renewed if we cannot contact the customer or the customer requests for us to not host this site. This will also affect the domain as per item 18.

20. The hosting renewal charge must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There will be an admin fee set by Toucan Web Design for reactivating the website / hosting.

21. If the client does not use Toucan Web Design hosting services then the management and hosting of the domain name are the full responsibility of the client and additional charges may be incurred for development on a third party server.

22. Toucan Web Design has no control of, or responsibility for, the content of our client's web sites. In no way does the textual or image based content of our client's web sites constitute Toucan Web Design endorsement, or approval of the web site or the material contained within the web site. Toucan Web Design has not verified any of the materials, images or information contained within our client's web sites and is not responsible for the content or performance of these sites or for the client's transactions with them. Toucan Web Design provides links or references to our client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.

23. Toucan Web Design are not liable for loss, damage or corruption to files or information stored on our servers or individual PC's relating to a client's website. The client is solely responsible for any information or files relating to their website.

24. If a domain name is purchased by the client through a company other than Toucan Web Design, the client has full responsibility in making sure that the domain name is renewed when due. Toucan Web Design will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than Toucan Web Design.

25. It is the clients responsibility to inform Toucan Web Design of any errors or ommissions from the website before the website is set Live.

26. Once website is set Live all support will be via our dedicated pages at http://support.toucanwebdesign.com and will be dealt with in order of importance as decided by Toucan Web Design, all support will be charged at our standard support hourly rates and Toucan Web Design can make no guarantees of timescale to complete support requests.

27. Telephone support once website is live is only available to clients signing up for our support package and all work will be charged at our standard support hourly rates.

28. We reserve the right to share your IP and or email address with other online stores, if your order is deemed fraudulent or is suspected of fraud.

29. We reserve the right to make changes to our Terms at any time.

Our current rates for web design work, email, hosting and domain name registrations are available here