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THE LEGAL THINGS NO ONE WANTS TO READ
This terms & condition is a legal agreement between AltSplash Creative Studio and their Clients for the purposes of web site design / development, graphics design and advertisement preparations. AltSplash is an Internet web & graphic design provider offering the Client graphical design, HTML, CSS, Flash, broadcast and other related computer programming languages.
In accordance to this terms and conditions, ‘AltSplash’ & 'Studio' is referred to AltSplash Creative Studio, ‘the client’ is referred to as the person or organisation using one of AltSplash’s services and ‘the project’ is referred to as any work carried out by AltSplash, including web designs, web development, graphics designs and advertisement preparations.
ACCEPTANCE OF WORK
All quotations provided are valid for 14 days from the date of issue. The client would need to pay a deposit, usually 50% of the total order, to confirm the order, which will then follow up with a confirmation email that will be sent to the client, this will usually be done once both AltSplash and the client come to an agreement and the deposit has been received. There won’t be any contract between AltSplash and the client until the confirmation email has been sent. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records. AltSplash reserves the right to withdraw from contract at any time prior to acceptance.
PERMISSION AND COPYRIGHT
All pages, images, text and code on AltSplash's website at http://www altsplash.com/ is copyrighted material. Any visitors to the site at http://www.altsplash.com/ may not use any of the pages, images, text or code on the web site for visitors' own website, to create a website or templates without prior written permission from us. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Studio. Client hereby agrees that all media and content made available to us for use in the project are either owned by the Client or used with full permission of the original authors. Client agrees that we may include development credits and links within any code Studio designs, builds or amends. Client agrees that AltSplash reserves the right to include any work done for the Client in a portfolio of work.
MATERIAL AND CONTENT
It is the clients' responsibility to provide all content for the projects. Any specific images required must also be provided via email or on a disk to our address. We will only use materials that are in accordance with copyright laws and the Client will not provide materials that violate such laws. If amendments are needed to the supplied content then it is down to AltSplash’s discretion if a charge is to be applied for time spent on amendments. We grant the client non-exclusive use of all material created and designed by us for use in the website, adverts or brand identity materials created by us under this contract. We reserve the right to feature your project on our portfolio as displayed on our website. Our website’s link must remain in the footer area of the client's web site for the duration of the websites life, if void we reserve the right to reinstate the link.
DOMAIN NAMES AND HOSTING
We act as an agent between the hosting company and the client. Our hosting is provided by Heart Internet. We are authorized reseller for Heart Internet and reserve the right to change our pricing at any time. Any terms changed by Heart Internet would mean your hosting terms being changed with them and not AltSplash. If for some reason there is a major problem with the servers and your website information is lost, then it is the responsibility and liability will remain between AltSplash and the Client. Unless you have chosen our support option, if you request help from AltSplash then we will charge for re-upload / or design of the site if the site has been lost due to server errors. We accepts no responsibility for any loss / damage of any files on any server. The client would be provifed with full access to their hosting control panel, where they can alter their settings and backup their sites if and when required. We reserve the right to charge clients for the hosting of the website, at anytime.
Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account, which we might require to upload the web site if required as part of a project.
Before a project is made live, it is the clients responsibility to make sure that all the content is as wanted including spellings, and that they are happy with everything. Once the project has been made live then any changes to the site including any additional extras including unused features will be subject to further charge. Whilst we endeavor to ensure that everything is as requested, it is the client's responsibility to check and inform us of any errors as soon as possible. Client agrees to provide any needed information and content required by us in good time to enable us to complete a design or web site work as part of an agreed project. Unlimited Redesigns (only applicable to web and graphics design needs to be agreed before confirming order) is valid for the first draft, AltSplash will redesign the first draft until the client is happy with the initial design. Once the initial first draft is approved it is down to the our discretion to make any changes. First draft is the homepage draft design, once the client is happy with the “first draft home page” and ask for more pages to be added, this will be seen as approval, it is down to the client to make sure the first draft – homepage is as wanted, and we will make amendments as requested. If changes are needed to the design after the first draft has been approved then AltSplash might charge for the design work needed.
Content: All content (page wording, images etc) should be sent over exactly as the client wants it to appear on the website. If any changes are required to the content during the design period and once the site is live, the changes will be charged at the web designer’s usual rate.
Web Design & SEO: The website will include Meta Tags and a website description upon the clients request. We do not guarantee a particular ranking in any search engine and in any search results.
Email: We will build and create a web form with most packages; it is the clients’ responsibility to make sure the email account the form sends to is functioning properly.
Website Files: After completion of the project, we will provide you with a disc with your website documents, so that you can get your site amended if required by someone else. Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by Internet browser software.
We endeavor to create pages that are search engine friendly, however, we give no guarantee that the site will become listed with search engines or of certain search results. In no event shall we be held liable for any changes in search engine rankings as a result of using our code.
The Studio reserves the right to assign subcontractors in whole or as part of a project if needed. The website and graphics layout will be based on the clients choice of design or template and will be discussed and agreed before work is carried out. The design time given, which includes first draft and completion dates are estimates, and the client agrees that the dates are only rough estimates
CMS Pages & E-commerce Web Design Packages: The client is responsible for adding their own content and products to these specific package products. We will supply instructions and support but is not legally obliged to add content for the client.
Broadcast Advertising: AltSplash will try their best to get the best price for the clients. The contract will be between the client and the broadcaster, directly.Any issue if any needs to be resolved by the client with the broadcaster directly. AltSplash will arrange the actors, the voice, will provide the script and the editing. All the works will be carried out after the initial consultation has been approved. Unlimited redesigns will not be applicable in these projects. AltSplash will endeavor to get the best time slots for the clients, although this can't be promised. The broadcaster fees will be added seperately with AltSplash quotation, and needs to be paid before the project can be made live.
We shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Client agrees that we cannot guarantee correct functionality with all browser software across different operating systems.
We request an initial deposit of 50% of the total price prior to any work can be carried out on your project. This is non refundable as when the money is received from the client it is automatically allocated to the project manager to setup the first draft design, hosting, logo and purchase any relevant images for the project. If the client requests a refund and no work have begun they are only entitled to a credit note, which can be used on any of our services. Additional work requested by the Client which is not specified in the agreed quotation is subject to a separate quotation and we reserve the right whether to quote or accept additional work. If additional work is accepted by us, it may effect timescale and overall delivery time of the project. All invoices are submitted by email.
We reserve the right to remove it's work for Client from the live status if payments are not received.
AltSplash provides all their work and the contents thereof on an "as is" basis and makes no warranties with regard to the project and its contents, or fitness of services offered for a particular purpose. The Client agrees AltSplash is not liable for any bugs, performance issues or failure. We endeavor to deliver a completed project within given delivery timescales to the best of it's ability. However, the Client agrees that AltSplashr is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale. On handover of files from AltSplash to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use. Whilst every effort is made to make sure files are error free, we cannot guarantee that the display or functionality of the project will be uninterrupted or error free.
AltSplash and any third party associates agrees that, unless prior consent from the client, we will not disclose any confidential information at any time during or after the term of this agreement. Likewise, the Client agrees that any confidential information about AltSplash will not be conveyed to another party.
AltSplash and any third party associates shall use information provided by the Client in relation to this agreement by adhering with the Data Protection Act 1998 and also to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
If AltSplash finds the client in breach of these terms and conditions we reserve the right to terminate a project with a Client at any time without prior notification. We reserve the right to alter these Terms and Conditions at any time without prior notice. By accepting any quotations or by making any payments to AltSplash, we will automatically acknolwdge that the client have read, uderstood and accepted the terms & conditions of this agreement.Last update: 14th March 2012
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