Web Development Terms

Interpretation:

These terms are a set of relevant Specialist Terms of Service as set out in clause 2.2.2 of the Breeze Basic Terms of Service. They should therefore be read in connection with those Basic Terms of Service and incorporate the interpretations from the Basic Terms of Service.

Without prejudice to the contents of clause 1.1 of these terms, the following interpretations shall apply in these terms:

  • “Comparison Site” means a website which has been identified either by Breeze, the Client or a Third Party Agency because the Client likes the design or function of the website and would like their own website to have the same functionality or design.
  • “Third Party Agency” means a person other than Breeze or the Client who is instructed to carry out the design of the Deliverables.

Choice of Design Agency:

The Client shall make a choice whether to instruct Breeze or a Third Party Agency in the design of the Deliverables.

Where the Client chooses to instruct a Third Party Agency, it shall retain responsibility for instructing and managing the Third Party Agency and it shall be no defence for failure by the Client to meet obligations under this Contract that the Third Party Agency has or has failed to take an action.

Use of Comparison Sites:

The Client may specify several Comparison Sites that it wishes Breeze to use as inspiration in designing and building the Deliverables. While Breeze will take commercially reasonable endeavours to meet similar specifications as the Comparison Sites, the Client agrees and acknowledges that it may not be possible to duplicate the Comparison Sites.

The Client further agrees that Breeze shall use its discretion and knowledge of the market to design and build the Deliverables in a way that seeks to achieve the Client’s goals such as they have been made known to Breeze.

Testing:

Breeze may carry out testing on the Deliverables prior to presenting them to the Client. If the Deliverables fail the tests or any part thereof, the Client agrees that Breeze may delay the presentation of the Deliverables to the Client in order to remedy any defects and put the Deliverables into a position where they would pass the Acceptance Tests.

Following the presentation of the Deliverables to the Client, the Client shall carry out the Acceptance Tests on the Deliverables.

Content and Material:

Clause 12 of the Basic Terms of Service is reiterated here.