Terms of service
STANDARD TERMS AND CONDITIONS
These Terms and Conditions apply to all orders and supersede all others. Placement of an order constitutes acceptance of our conditions.
1.1. For printed materials or physical products, our standard payment terms require full payment at the time of placing an order, the order will be confirmed once payment has been received.
1.2. For website, graphic design or other service orders, a non-returnable deposit of 50% of estimated costs will be required on placement of your order. The remainder will be payable before final release of completed design work or website. The website, graphics and any programming code remain as our property until all outstanding accounts are paid in full.
1.3. For hosting or other services provided on monthly or annual payment terms, payment is non-refundable and due each anniversary month or period of the date the account was established. If 10 days have passed and payment has not been received, the account will be suspended until further notice. No liability will be accepted for any subsequent losses to the client. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us to request termination of services. Where no payment has been received in respect of domain name renewal, these services will not be renewed, we take no responsibility should these domain names subsequently become no longer available.
1.4. All payments can be made in cash, by direct bank transfer or through Paypal. It is recommended that the customer sets up a standing order, direct debit or recurring payment in respect of hosting or domain name agreements to ensure future payments are made and not overlooked as Non-payment may result in the account being suspended or cancelled and no liability is accepted for any subsequent losses.
1.5. Once a deposit is paid and work completed, you are obliged to pay the balance of payment in full. If accounts are not settled and we have not received contact from you regarding the delay, access to the related website may be denied and web pages removed. No liability will be accepted for any subsequent losses and there is no guarantee that web pages can be replaced at a later date nor that they will be in the same form as when they were removed. Full settlement will then be pursued through the Small Claims court.
1.6. Once a website has been designed and completed to the original brief, the final balance of payment is then due. There are no exceptions to this, i.e: if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken as necessary.
1.7. Once all amounts due to us from the customer are paid and cleared, the customer will be assigned the rights to use, as applicable, the products and services provided but no rights of ownership are conveyed unless specifically stated and agreed in writing from us. The rights to photographs, graphics, content and any third party items such as source code, always remain the property of their respective owners.
1.8. Unless the customer have our specific written agreement, all products including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, CGI applications, software, programming/source code, and all components of any source or object computer code that comprises the website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services, remain our property and we retain full ownership rights and all intellectual property rights. The customer specifically agrees not to do anything that may in any way infringe upon or undermine our rights, title or interest in the website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or any part of any item, data or anything whatsoever that we own. The customer fully understands that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership.
2. DISCOUNT or OFFERS
2.1. Any discounts are offered on the strict understanding that orders are paid in full at the time of order. We reserve the right to invoice any such discounts or offers to accounts which become overdue and the previously offered discount/offer will be null and void.
3.1. Where applicable all prices quoted are subject to VAT at the current rate unless otherwise stated.
4. OVERDUE ACCOUNTS
4.1. No goods will be delivered on accounts which remain unpaid 7 days after payment is due.
4.2. We reserve the right to charge interest on overdue accounts, at the rate of 5% above the Lloyds Bank base rate from time to time from the date the account became due until payment is received. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you.
4.3. We reserve the right to charge the customer for any legal or collection charges where it is necessary to obtain payment from the customer of an overdue account through a third party or Court proceedings.
5. PASSING OF TITLE AND RISK
5.1. The risk in the goods shall pass to the customer on delivery.
5.2. All goods, delivered or not, remain our property until payment is received in full.
6. PRODUCTS / SERVICE
6.1. We reserve the right to alter any details of products / service advertised without notice and while every effort is made to describe goods accurately in the advertisement no warranty is given as to accuracy and no responsibility will be accepted for error and any resulting loss.
6.2. We cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
6.3. The client agrees to make available as soon as is reasonably possible to us all materials, information or data required to complete the site to the agreed standard and within the set deadline. We will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
6.4. Any additions to orders or design briefs will be carried out at our discretion and may be subject to an additional charge. Where no charge is made for such additions, we accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
6.5. We will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. Should the site owner be found to be using the site for malicious, illegal, inappropriate or fraudulent use, we reserve the right to suspend the site immediately and without any associated liability. No refund will be made to the site owner.
6.6. We will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the website, its servers, software or any material provided by its agents.
7. ARTWORK AND PRINTING
7.1. All design charges must be paid up-front.
7.2. Once the customer design project is initiated and/or we have created any preliminary artwork, all retainer payments made by the customer become non-refundable.
7.3. We only quote for one design per kind, any additional are chargeable.
7.4. We offer stated number of revisions to any design, providing the revisions equate to no more than 30% of the current artwork designed.
8. WEB DESIGN
8.1. All web design orders include the following:
a) 12 Months Web domain hosting, this is to renewed annually on the anniversary of the original order date and not the date the website went live.
b) A domain name will be provided for 12 months for a .co.uk or .com address, certain premium domain names are restricted. If after purchasing a domain is deemed to be a premium domain we will offer an alternative choice as close to the chosen domain as possible or an additional charge may become applicable. Where the customer prefers to use their own domain name and this is transferred in for hosting services, we will not be responsible for any charges they may incur from their existing host or provider.
9. LOGO DESIGN
9.1. We offer stated number of revisions to any Logo design, providing the revisions equate to no more than 30% of the current artwork designed.
10.QUOTATIONS AND CONTRACTS
10.1. Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today�s current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation of accepted contract, we shall be entitled to charge such increases to the customer.
11.CHANGES TO ORDERS
11.1. For print orders, any changes in quantity ordered must be made in writing to us prior to commencement of processing.
11.2. Any increases in print order quantities must be regarded as a separate contract unless written notification is received before work commences on the original order.
12.1. Any costs incurred for work already carried out up to the date of written cancellation will also be charged for and deducted before any refunds are made. If the order has not yet been paid for then an invoice will be raised for the amount concerned and sent to the responsible party.
13.1. Every effort will be made to deliver on time, but any delivery or completion date specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods or service. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
13.2. We can accept no responsibility for deliveries or completion being missed due to non-payment. It is the customers responsibility to ensure that full payment is made before delivery or completion can take place.
13.3. International transit times are approximate and may be subject to customs clearance. Local country restrictions apply. We will not be held responsible for any delay of delivery of the goods with international deliveries.
13.4. We cannot be held responsible for any customs and excise charges that may occur from the import or export of goods on behalf of the customer.
14.1. We shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quantity of printed goods ordered and the customer will be charged at the contract rate for the quantity delivered.
15.1. We Reserve the right to rectify defective work and shall not be liable to refunds
15.2. If, on completion of an order where it is claimed the customer has not received 100% satisfaction then we will consider refunding the payment made, less any non-returnable deposit, providing that the following has taken place:
a) The customer has given us the opportunity on more than one occasion to rectify any fault or issue found.
b) The customer can provide proof that we have not followed the initial order the customer placed as closely as possible. Where later amendments or additions were agreed the customer must also show that he/she has appropriately considered the time or other associated implications these changes may have caused.
c) Notice of the complaint was received by us within 48 hours of receipt or completion of the order. Full details of the complaint must then be received in writing with return of all faulty products within 5 days. Any complaints made after this time period are void of any right to refund or reprint.
d) If the complaint is in reference to printed products where the customer has supplied their own artwork and can provide proof that they have followed our guidelines set out for providing print ready artwork.
e) The customer has not chosen to seek a 3rd party to complete the order before we have attempted to resolve the situation.
15.3. If the customer�s order has not been completed and they feel that they no longer wish us to complete the work, please note sections 1.6, 15 and 17 to submit a complaint and claim for refund.
15.4. Please remember that we aim for 100% customer satisfaction, we pride ourselves in our relationships with our customers and are proud of our work and achievements. We believe that our success is your success. Should you have any reason to be unhappy with our work or service please try to work with us to resolve it amicably and quickly, we will certainly work with you to do whatever we can to help. We operate a zero tolerance policy in terms of rude, aggressive or inappropriate behaviour and will be unlikely to respond to such approaches.
16.1. Save in so far as defects in the goods cause death injury or damage to personal property, our liability for any loss or damage suffered by the client in respect of the goods shall be limited to the contract value of the goods.
16.2. We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the complaints / claims procedure set out in clause 10.
16.3. We are not liable for any financial loss incurred by the customer, including but not limited to expenses incurred by customer, interest payments & loss of earnings or similar gains they would have received on monies paid to us in lieu of any unfulfilled order.
17.CLAIMS & REFUNDS
17.1. All claims with regard to the quality or quantity of the goods, damages, loss or partial loss in transit shall be made in writing to us so as to reach us within 5 working days of receipt of goods or such goods shall be deemed to comply as to receipt, quality and quantity within the terms of the contract.
17.2. You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at time of delivery.
17.3. We will credit your account if we deem a refund should be made
17.4. If we offer to replace, repair or amend items the customer must accept such an offer unless they can show clear cause for refusing to do so.
17.5. If the customer opts to have work re-done, adjusted or completed by a third party without reference to us he/she will automatically revoke any right to remedy from us.
17.6. All defective work must be returned to us before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided.
17.7. Refunds will take 4 to 7 working days to complete once we have agreed to refund.
18.1. We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising from any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to the customer.
19.1. The contract between ourselves the Company and the Customer shall be governed by and construed in accordance with English Law.
19.2. Nothing in these terms and conditions shall affect the rights of a consumer.