These terms and conditions (the "Terms") govern the provision of web design services (the "Services") by Webcraftart (the "Agency") to the client (the "Client"). By accepting these Terms, the Client agrees to be bound by them.
The Agency shall provide the Services to the Client as described in the project proposal (the "Proposal"). The Proposal forms part of these Terms and the Client shall have no right to vary or amend the Proposal unless agreed in writing by the Agency.
The Client shall pay the fees for the Services as set out in the Proposal. Unless otherwise stated in the Proposal, the fees are exclusive of VAT and any other taxes, which shall be added to the Agency's invoices at the appropriate rate. The Agency may invoice the Client for the fees at any time after the Services have been provided.
Payment of invoices shall be made by the Client within 15 days of the date of the invoice. The Agency reserves the right to not deliver the website copy if not fully paid as agreed on the project proposal.
The Client shall own the intellectual property rights in the final deliverables produced as part of the Services, subject to the Agency's right to use the deliverables for the purpose of promoting the Agency's business.
The Agency and the Client shall keep confidential all information of a confidential nature (whether written or oral) that may be disclosed to each other in the course of the Services. The provisions of this clause shall not apply to information that: (a) is or becomes public knowledge through no fault of the recipient; (b) was in the recipient's possession prior to the disclosure; (c) was obtained through a third party without restriction; or (d) was independently developed by the recipient.
The Agency shall not be liable to the Client for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for compensation arising out of or in connection with the Services or these Terms. The Agency's total liability to the Client in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Services shall be limited to the total fees paid for the Services.
Either party may terminate these Terms by giving [number] days' written notice to the other party. On termination, the Client shall pay the Agency for the Services provided up to the date of termination.
These Terms and the Proposal constitute the entire agreement between the Agency and the Client and supersede all previous negotiations, understandings and agreements between them. These Terms shall be governed by and construed in accordance with [country or state's law]. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.