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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I commissioned a website company to build a site which

Resolved Question:

I commissioned a website company to build a site for me which they carried out at a cost of £299 which I paid up front. The site went live Jan 16 2015. I had mentioned prior to it going live that I would need to change some text and he gave me instructions on how to. I didn't do anything immediately but on April 8th this year I removed some text and put a title saying under construction on the live web page. Since then I hadn't altered it anymore. Then last Thursday 07/05/15 I receive an email from the website 1to1.org.co.uk claiming a payment of £4500 as breach of terms, that being I had removed the credit link for the design of the website. I offered to immediately reinstate it be he told me that was too late. He has since suggested that if I pay £3000 with in the next 7 days no further action will be taken. He claims that he has taken 11 people to court last year and 4 this year and one every case. Do I have a leg to stand on?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Just let me know is it a term of the contract that they have the credit?
Customer: replied 2 years ago.

Web Design Service


Our web design services are also based on the below terms.

1) Web design services are provided on the condition of our client signing up to an approved hosting account via the URL we provide. The cost of this is deducted from the full amount we charge for the service. If the hosting is cancelled at any time within the first 12 months the customer will pay us an additional £100.
2) The text on all pages will be of standard font, size and not in bold or underline. The colour will be black
3) An average of 1 link will be allowed on the main body of each page.
4) An average of 1 picture will be allowed on each page within the main body and the right side column
5) No more than 6 page links are permitted at the top
6) No more than 5 page links are permitted at the bottom
7) No more than 6 page links are permitted on the right column
8) 1 of the ten pages will be a contact page including, phone, email, postal contact details and a standard contact form. No other page will include a contact form.
9) 1 page will include a copy of our standard website usage terms and conditions.
10) 1 page will include a copy of our standard privacy policy.
11) At the bottom of every page we will be credited has website designer (even if our client changes the website. Just as along as any of our work is on the website or in the coding we will be credited as web designer) with our chosen anchor text. There will be up to 3 URL leading back to our website with up to 10 words used in the text of these links. If any of these are removed at any point within the first 6 years the client will pay us an additional £4,500.
12) Our iframe banner will remain on every page of the site. If this is removed within the first 6 years there will be a charge of £1500.
13) 'Advertise with Us' will be displayed on every page which will link back to our site. Any additional advertise we place on your website will be agreed up on first. If this is removed within the first 6 years there will be a charge of £1500.
14) Google Analytics only added on the condition that your coding is provided before we commence any work.
15) We will create only one email address which will be diverted to your pre-existing email account. Any other address needed should be created by the client.
16) The first part of your payment to us is to be made by signing up to an approved hosting package via the affiliate link we provide. Rest of the payment should be made by direct bank transfer or any other payment method which we approve.
17) The lay out of the site will not be changed by us in anyway.
18) Content for the site must be provided to us within the Pre-Design Questionnaire - any changes made to the content after will incur a charge.
19) It is the responsibility of the customer to provide any and all of their requirements within the Pre-Design Questionnaire, including placement of image, sizes of images, colours, links (URLs) etc.
20) We will not start work on a website until:
a) The Pre-Design Questionnaire is fully completed
b) All images are provided at the correct size (approx 300-400 pixels wide)
c) All fees incurred by our service are paid
d) If using your own domain nameservers need to be set to the hosting account.
21) Our client accepts that we will not include anything within a website that we create that could damage the reputation of our company.
22) All images, including 4 for the slider at the top of the site, will be provided to us via email.
23) No page will consist of more than 20 lines of text. Additional lines of text are charged at £18 per 1 to 20 lines.

Expert:  Ash replied 2 years ago.
Ok, so removed the link, is that right?
Customer: replied 2 years ago.

Yes I did temporarily and offered to reinstall it immediately

Expert:  Ash replied 2 years ago.
Ok. Then he can't claim the £4500 or the £3000. If you refuse then at worse it he will issue a small claim. He wont be able to claim legal costs for doing that. But if it went before a Judge, they would look at the breach and how long it went on for.
He would show that a loss of £4500/£3000 was suffered. As the breach was rectified then I can't see how he has a loss and a claim would fail.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

I haven't rectified it the breach as yet as I didn't want to incur any further claims from him. I simply removed the website.

I also discovered this on his terms which seems to fit with your response.


The whole agreement


These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.

What action would you suggest I take with him now?

Expert:  Ash replied 2 years ago.
You need to put it back up as it says you can't remove it for 6 years.
So put it back up.
Alex
Customer: replied 2 years ago.

So shall I copy in your response to him in an email saying I refuse to pay and that would be the likely outcome of a small claims.

Can I put it back temporarily and then remove his website design completely and replace it with something I have designed that does not include anything they have used?

Expert:  Ash replied 2 years ago.
Yes I would do that. I would put it up but include the credit.
Alex
Customer: replied 2 years ago.

A) So is that yes to copying him in

B) And yes to put it back up to give him credit as a temporary measure.

C) And can I remove his web design completely at any time and install a separately designed one with out in resulting in a claim

Expert:  Ash replied 2 years ago.
Correct.
Alex
Customer: replied 2 years ago.

Many thanks indeed. A huge worry lifted.

Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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