Design Logix Web Studios | Terms and Conditions
Design Logix is the company name of Design Logix Limited (hereinafter referred to as "Design Logix Ltd"), a provider of internet related services including Web design and development, Web Consultancy and Internet Marketing. These Conditions set out the terms under which Design Logix Ltd will provide Services to the Client Interpretation
The "Buyer" means the person, firm, company, organisation or individual with whom the Contract is made.
The "Seller" means Design Logix Ltd its assignees and successors in title.
The "Contract" means the Contract between the "Seller" and the "Buyer" for the sale of the "Design Services," "Client Support" and the "ISP Services" of which these terms and conditions are part. All written / oral statements and representations are superseded by "The Contract", unless inclusions or exclusions of terms contained herein are specifically varied by the "Seller" in writing.
"Design Services" means Web Design and Internet Marketing services
"Client Support" means support services
Acceptance of Order and expiry date
The "Buyer" by placing an order for the Service, confirms their acceptance of "The Contract" and agrees to be bound by "The Contract".
No binding Contract shall be created by the acceptance on the part of the "Buyer" of a quotation or offer made by the "Seller" until notice of the acceptance of the order in writing shall have been given by the "Seller". The "Seller" reserves the right to accept or reject any order offered by the "Buyer".
The Contract and its acceptance
The "Seller" is entitled to update "The Contract" and the "Buyer" by placing an order for the Service agrees to be bound by any "Contract" revisions after their implementation date. The "Seller" commits to communicate such changes 7 days prior to implementation. The "Buyer" is responsible for reviewing regularly the terms, which are shown online under the heading Design Logix Terms and Conditions at: www.design-logix.co.uk.
"The Contract" shall always prevail In the event of conflicts between the Contract and any other document. Commencement
Prior to commencement of "Design Services" the "Seller" requires a signed hardcopy order from the "Buyer" and a deposit of 40% of the total web site development costs (inc VAT).
The "Seller" will make every effort to ensure "Design Services" commence within 48 hours from receipt of a signed hardcopy order from the "Buyer".
Prices
All "Design Services" prices are quoted by the "Seller" are based on site content and specification agreed at time of order between the "Buyer" and "Seller".
After receipt of the "Buyers" signed purchase order, the "Seller" reserves the right to revise the original quotation where alterations to content or specifications are made by the "Buyer" and not covered by the "Buyers" original signed purchase order (See Website alterations).
All prices quoted by the Seller are exclusive of VAT.
"Design Services" General
While the "Buyer's" site is in development by the "Seller", the "Seller" commits to make available at all times all work in progress.
The "Buyer" agrees to use this facility for review purposes only. All services, development, design and material, graphic or otherwise, supplied or generated by the "Seller" remain the "Sellers" copyright until the final "Sellers" invoices have been paid in full by the "Buyer".
On completion of the "Buyer's" Website, the "Buyer" will be required by the "Seller" to sign and return a project completion approval form.
On receipt of full payment of final invoices, the "Seller" will upload the "Buyer's" website to the agreed Domain hosting location. At this time the Website's title and ownership will transfer to the Buyer.
Copyright
The "Seller" reserves copyright on all materials and designs and forbids the "Buyer" to pass such materials and designs to a third party or associated business without first seeking the "Sellers" permission and agreement. Any third party copyright materials used by the "Seller" on behalf of the "Buyer" cannot be used by the "Buyer" without first seeking the third parties permission or agreement.
If the "Buyer" supplies the "Seller" with text, photography, artwork, animation's, brochures, information or material of any kind, the "Seller" will not at any time be responsible whatsoever in regard to copyright, errors or omission's faults or subsequent damages. This also includes that supplied by software, discs or electronic transfers if supplied by the "Buyer" to the "Seller" for publishing to the Internet.
The "Buyer" must indemnify the "Seller" against third parties suffering subsequent faults and damages caused to hardware, software programs, or such damages as loss of production and earnings, due to materials supplied by the "Buyer" for use by the "Seller".
The "Seller" will not be held responsible for establishing 'Rights of Usage' on any materials supplied by the "Buyer".
Cancellation
On receipt of the Buyer's signed purchase order and 40% deposit, the project is deemed started. After this point cancellation by the "Buyer", would result in the "Buyer's" 40% deposit becoming non-refundable.
On receipt of cancellation, If it is deemed by the "Seller" that more then 40% of the project has been completed, the "Buyer" agrees to pay the "Seller" the difference between the deposit and the completed work.
Website Alterations
On receipt of the Website approval form from the "Buyer", the "Seller" commits to make adjustments free of charge for the first hour of consultation. After which, changes, updates and additions, unless costed on a project by project basis, will be charged at standard hourly rates.
Payment
The "Seller" reserves the right to cease "Design Services", "or remove the "Buyer's" web site from view, if at such time there is dispute or delay over an agreed payment.
Before commencement of any Design Services the "Seller" requires in their possession from the "Buyer" 40% of all "Design Services" and associated costs.
Before the "Buyer's" completed Website can be published to the Internet the "Seller" will require from the "Buyer" the receipt of the remaining 60% of all Website and Associated "ISP Services" costs.
If a "Design Services" project is delayed by the "Buyer" four weeks beyond the agreed project lead-time and if agreed that more than 50% of the project has been completed, a further 25% of the overall project cost (inc. VAT) will be due for payment immediately by the "Buyer" on submission of the "Sellers" invoice.
Invoices for "Design Services" are due for payment within 30 days from "Service" completion.
Liability
The "Seller" shall be under no liability for any loss or damage (whether direct, indirect, incidental or consequential) howsoever arising, which may be suffered by the "Buyer" in relation to "Design Services" and "ISP Services" beyond the equivalent of one months charge to the "Buyer". Nothing in this Contract shall affect the liability of the "Seller" for death or personal injury caused by its negligence.
If any exclusion, disclaimer or other provision contained in this Contract is held to be invalid for any reason by a court of competent jurisdiction and the "Seller" becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence) or otherwise, will not exceed the total charges paid by the Buyer in the 12 months preceding such liability arising.
Confidentiality
Where the Supplier exercises its right as provided in 10.1, the "Supplier" will use every endeavour to maintain confidentiality on information so received.
Advertising
The "Buyer" agrees to allow the "Seller" to submit a small and discreet advertisement at the bottom of all web site pages.
General
Any notice required to be given to "Design Services" shall be in writing and shall be delivered by email or prepaid first class post to the address of the relevant party set out in the "Buyer's" order details for the "Buyer" and on the "Suppliers" Web site for "Supplier".
Failure or delay by "Supplier" in enforcing any term of the Contract shall not be construed as a waiver of any of its rights under it.
The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
This Contract shall be construed in all aspects as an English contract and in conformity with the English Law.
