PLD Productions: Terms and Conditions of Business

General: *note - definitions may be found at the foot of the page

PLD Productions offers services in connection with the design and build of websites for clients which may be hosted on a PLD owned server. PLD will offer design and sitebuild services to clients who wish to host their sites elsewhere, but it must be understood that where PLD is not in complete control of the server environment, this can greatly reduce the functionality provided, or, increase the programming time in comparison with that required to achieve the same end if using the PLD server.

Consultation:

PLD is happy to offer a free hour of consultation to explore website or programming requirements and possibilities prior to the provision of a written quotation.

Quotation (or proposal):

PLD will provide a formal quotation upon request, which will be valid for a period of three weeks from the date of production. After that date, PLD reserves the right to reconsider the project content and pricing. PLD quotations are provided in accordance with its pricing schedule, and PLD reserves the right to alter its pricing schedule for future projects at any time.

Special Offers:

Any quotations given under terms defined in the quotation as a 'special offer' are terms specially offered to the client and must not be divulged to any third parties. It is not stated, implied or suggested that any special offer may be repeated on request, transferred to any other client, or made available generally.

Sequence of events:

The normal sequence of events for the development of a website for client is as follows:

1. Initial consultation.
2. Provision of a quotation.
3. Acceptance of the quotation and formal placement of an order.
4. The payment of the deposit by the client.
5. The definition and agreement of terms of reference.
6. The provision (client to PLD) of site content, documents and photographs.
7. The initial site build.
8. The initial build review by the client.
9. Consultation and discussion.
10. Final site build and programming.
11. Site placed on PLD server.
12. Settlement of PLD's balance invoice.
13. DNS configured and site goes live.
14. The site is hosted live on the internet for the duration of the hosting agreement (normally renewed annually).

Monitoring:

The website will be monitored for usage and bandwidth, and where the load created by the operation of the website on the server becomes excessive, or where excessive unforeseen bandwidth is being consumed, PLD reserves the right to re-open the discussion of hosting arrangements.

Suspension of service:

PLD will withdraw service from clients in the following circumstances:

1. The website is making excessive, unforeseen demands on the server and the client refuses or ignores requests to revisit the matter of charges for hosting.
2. The website is consuming excessive amounts of bandwidth and the client refuses or ignores requests to revisit the matter of charges for hosting.
3. The client does not pay the required deposit.
4. The client does not pay the balance of monies owing to PLD upon going live.
5. The client does not settle additional invoices within the time period allowed.
6. The client does not pay the hosting fees.
7. There is delinquent use of the website, including attempts at hacking, the running of unauthorised scripts (or executables) or the posting of salacious, pornographic, defamatory, hateful, racist, or otherwise objectionable material. PLD's decision over server misuse is to be considered final.
8. Note: Where malicious or reckless use of the server by a client results in data, connectivity or hardware loss, PLD will consider the matter to be very serious, suspend service immediately and may take legal action.

Reinstatement of service:

Where resinstatement of service is requested following suspension for any of the above reasons, a £35 service charge will be required before reinstatement takes place.

Limitations:

PLD will make every effort to provide continuity of service for its clients who have adhered to the terms and conditions of business, however, it will not be held liable for a loss of service or data, or a loss of business arising from a loss of service or data. In the event of any such failure, service will be restored as quickly as possible.

Product misuse:

PLD can provide solutions to complex programming and database needs. The client agrees that once development has been completed and accepted as complete, responsibility for the correct use of the application rests with them. The client agrees that PLD, its employees, associates or subcontractors will not be held liable, and frees them from all obligation, where erroneous use of the application is made by the client whether willfully or accidental in nature. Similarly, PLD cannot be held responsible for failure or loss where programs and code originally written by PLD has been tampered with or otherwise amended without the prior permission, knowledge, and approval of PLD.

Termination:

Where an agreement for work is terminated (by client or by PLD), and PLD's sitebuild fees have been paid in full, the website html code may be provided to the client on diskette, upon request.

Fees:

Deposits and hosting fees are not refundable.

Project creep:

It must be understood that a quotation from PLD for work has been calculated based upon the sitebuild as defined in the initial meetings, and descriptions of services required, and reflected to the client by PLD in the quotation. Where additional content is requested, or definitions and requirements are changed by the client, PLD reserves the right to provide a quotation for the expanded (or additional) work. Where considerable revisions are requested PLD reserves the right to withdraw the initial quotation completely and to supply a new quotation based upon the revised requirement definition as provided by the client.

Development time scales:

Where the client is to provide specific materials for the development of a project (of what ever type, eg, graphics, text, price lists, merchant account details etc), any delay in the provision of these materials will not contribute towards the time scale quoted for development by PLD and PLD will not be held responsible for the ensuing slippage.

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*Definitions:

Bandwidth:

The volume of data transferred from the server to the site visitor's computer via the internet.

Build or Sitebuild:

The work that is involved in constructing the website, consisting of html coding, programming in various script and server languages, project management, content assembly (or writing), optimisation of graphics, and creation of original graphics.

Deposit:

The down payment towards the total cost of the project, normally 30%, required prior to commencement of work.

DNS:

Domain name service, or domain name server, or domain name system. Different terms for basically the same thing. The system by which domain names are controlled and servers are identified for client content on the internet.

Domain name:

www.yourdomainname.co.uk is an example of a domain name. It is your personal name by which your website is identified on the internet.

Go live:

The point at which the website is made live on the internet.

Hosting:

The service involving the placement of a website on a server for live connection to the internet.

PLD:

PLD Productions.

Programming:

The writing and assembling programs and code that work to manipulate websites, databases and client input and output.

Project creep:

The gradual expansion of project parameters beyond that included in the original quotation.

Server:

The PLD live server, from which all PLD hosted client's web sites are made available to the internet.

Suspension:

The disconnection of a website from the internet.

Website, or site:

A collection of web pages, which together form a web site.

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Future variance:

PLD reserves the right to change these stated Terms and Conditions without prior notice. In practice we would not intend that changes would be applied retrospectively to existing clients without prior notifaction and where necessary, negotiation.