1.    Scope of services

1.1    Your website design will be one of those chosen from our selection of Smart IT templates.  Bespoke designs are available for an additional fee.
1.2    The services to be provided by Smart IT shall be creation and manipulation of your chosen design, entry of content provided by the client and set up of all relevant functions. This also includes hosting and domain registration for the life of this agreement.
1.3    Smart IT shall use best efforts to have a website operational within 5 days of receipt of content from the Client.

2.    Website Content

2.1    It is the responsibility of the client to provide Smart IT with the required content for their website.  It is advised that content be placed on the site expeditiously.  Until such a time the website is populated with content, the domain will be live and the site contain the message ‘Under Construction’.
2.2    The client shall ensure that the Materials do not infringe any applicable laws, regulation of third party rights (including materials which are obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights). (Inappropriate content)
2.3    The Client acknowledges that Smart IT has no control over any content placed on the Site by Visitors and does not purport to monitor the content of the Site. Smart IT reserves the right to remove content from the Site where it reasonably suspects such content is Inappropriate Content.  Smart IT shall notify the Customer promptly if it becomes aware of any allegation that any content on the Site may be Inappropriate Content.
2.4    The Customer shall indemnify Smart IT against all damages, losses and expenses arising as a result of any action or claim that the Materials constitute Inappropriate Content.
2.5    Smart IT will include the statement "Designed by Smart Information Technologies Ltd" on the home page of the Site in a form to be agreed.

3.    Term and termination

3.1    This agreement shall commence at the time of payment of the initial set up fee and continue for a period of 24 months (Initial Period).  Thereafter, the Client may terminate the agreement by providing 30 days clear written notice.  Upon termination Smart IT will return all website content, photographs etc which have been provided.   Ownership rights to the technology and the actual website remains the property of Smart IT.  Smart IT will transfer full ownership of the website to the Client, including all the relevant code etc for a fee equating to 12 monthly payments.

4.    Payment and Charges

4.1    The set-up fee is payable by credit/debit card or cheque.  Where payment is made by cheque no work can commence on the website until the cheque has cleared our bank, which is normally 5 working days.
4.2    The set-up fee is non-refundable.
4.3    Smart IT shall issue a monthly VAT invoice in respect of the Charges. The Customer shall pay to Smart IT the Charges set out in such Smart IT's invoice by standing order, credit or debit card such payment to be made on the date specified in the invoice from the card or bank account provided.

4.5    If the Customer fails to pay any amount payable by it under this agreement, Smart IT shall be entitled
(a)    to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
(b)    (at its absolute discretion) to suspend the performance of Services for as long and as many times as it may elect so long as the Customer remains in default.


5.    General

5.1    In respect of eCommerce websites where the client requires the ability to accept credit cards for online clearing, the Client will need a Merchant Bank Account or PayPal account to be able to do this. The client understands that any charges necessary to secure the Merchant Bank Account are not covered by this agreement.
5.2    Laws Affecting Electronic Commerce. The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend Smart IT and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's use of Internet electronic commerce. The Client also understands that Smart IT can not provide legal advice.
5.3    Where a content management system is in place, if the client or an agent of the client other than Smart IT attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at the hourly rate of £50+vat. There is a one hour minimum charge.
5.4    Where the website collects client /other data then the data obtained through the Client’s web site can be supplied in a CSV file format (MS Excel) to the Client.