Conditions of design project creation:
Concerning any collateral of print or design – Whilst every precaution is taken to assure accuracy, we cannot be held responsible for any errors or omissions overlooked at the time of proofing.
The onus of checking the copy where relevant all text, design, layout, dimensions and positioning. is on the client we require the client to print the items from your local printer then check the print thoroughly then sign and fax the proof form prior to the item going to print.
If we do not hear from you we assume that you confirm that the artwork is correct.
Conditions of web project creation:
Our sites are created to allow dynamic input from the client this means that the creation cost covers the actual structure and elements inherent to the build of the site but not the supply of textual content or images.
We can create edit or acquire images to be used in your project at additional cost if requested.
We can also contract a copywriter to create textual content for your site at additional cost if requested.
Initially the client will be asked to confirm the draft design. If the client request the site to begin after being sent the draft without the client signing the proof document we assume that you confirm that the artwork is correct.
This assumes that you are completely happy with the position and sizing of all the elements and any changes to this at a later stage will be chargeable.
What we are creating is the structure or template of the site and that is what is included is the cost of the site.
The site will be visible across all the major current browser platforms including at time of writing Chrome, Firefox, Safari and IE10.
Internet Explorer 8 browser support will be at additional cost.
The site font will be the standard webs font. Special fonts can only be used on the understanding that font support is not universal and some compromises might in some cases have to made.
We are not responsible for creating or adding the content of the site.
We can provide a copywriter to create the content at extra cost or you can write the content yourself.
You will have the ability to change content in our system as often as you like without our involvement.
Depending on your requirements we might add content that you provide before the launch at our discretion.
If we do include this content we will only load the static content pages.
We will upload one iteration of the site text to any particular page and any edits can be carried out at our usual hourly rate of £85 or you can simply edit it via the inbuilt site Content Management system.
Other content such as food menus or product pages, we define as interactive or changing content. We will upload a sample of that content but do not commit to uploading all of the content. ( as previously stated this can be done by you – the client)
The site owner is responsible for the checking of the site on completion of a website ( prior to launch ) and to check that all the functions are operational report any bugs found therein.
The client has a maximum of 30 days to report the bugs thereafter it could chargeable at usual hourly rate of £85 per hour.
We will not be held responsible for any loss of business resulting from bugs or issues not reported on completion of a website ( prior to launch ) or even later on if not identified by the client.
If the site is not launched 30 days after completion it will be removed from our temporary hosting server and a fee of £250 will be charged to reinstall it.
Upon launch the payment is due.
Once the site is launched all changes are changed are at the usual hourly rate.
By prior arrangement, VMAL will allow the client Intellectual property rights to the site’s content. The code however remains copyright to VMAL Ltd. The client has the right to edit the code but not use it for any other purpose other than the site it was built to serve.
The web site remains the property of VMAL Ltd till the balance is cleared. VMAL Ltd reserves the right to deactivate the site after extended non payment.
All textual content, images etc need to be provided to us prior to the site creation. If not VMAL Ltd will not be held responsible for delays that result.
It is the clients responsibility to add content to the site. If required VMAL Ltd can add content as an extra service chargeable at the standard hourly rate.
Hosting and other external services.
VMAL is a web design and development company not a hosting company, or a provider of Hosting or email services.
We recommend selected Hosting companies to our clients but ultimately it is the clients responsibility to make that choice and choose the provider that will suit them best.
Your contract is with the hosting company who you purchased the hosting from.
The Job of setting up emails is that of an IT technician and is not our remit.
We will sometimes as a gesture of goodwill aid in the setup of emails, hosting or the purchasing of the domain name from a third party but it is the clients responsibility to check that these services operate the way they should immediately after set-up.
This does not in any way make us responsible for the upkeep, speed or quality of any of these services.
We will not be responsible for you constantly receiving your emails from any form on your site forms ( contact forms or call back forms) – the correct email address should be set up by your computer technician and following that it is the clients responsibility to test all the forms and make sure that the content is being received in your inbox. In the future if the email ceases to be received that is usually a job for the computer technician who can check your local email settings.
In an event of a virus or any other malicious attack whether direct or automatic to your site you may request that we endeavour to remove it but it will be charged at our usual hourly rate.
If you become a target of hackers and want to scan and protect your site. We can provide a Sitelock service at an annual fee or it can be purchased directly from sitelock.com.
This is a service from Sitelock and the client should familiarise themselves with the service and make an informed decision as ultimately we are not responsible for this service.
At the clients request we will store a website on our testing servers and will charge an annual fee.
Downtime is a not uncommon occurrence on all web servers. We will not be held responsible for downtime or any loss of business resulting from downtime of the site regardless if held on a third part hosting server or if we have offered to host it on our own test servers.
The Client agrees that an 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. VMAL Ltd agrees to try to match the design as closely as is possible when building the code.
During a website project it is important that the Client communicates information to VMAL Ltd to achieve the required result.
If the Client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, VMAL Ltd reserves the right to quote separately for these alterations.
If optimised pages are included as part of the project, VMAL Ltd will optimise the Client’s web pages that already make up part of the project. Optimised pages is not creation of new pages. The optimisation of the web pages can include the meta tags, keywords, description, title, alt tags and text provided by the Client.
VMAL Ltd endeavours to create pages that are accessible to search engines. However, VMAL Ltd gives no guarantee that the site will become listed with search engines.
If an error or issue with the design or code arises during the project, which does not allow the design or code to match the original specification, then the Client agrees that VMAL Ltd can apply a nearest available alternative solution.
VMAL Ltd at all times applies reasonable skill and care in provision of services.
On request, VMAL Ltd can create a copy of the website on one CD to be posted to the Client on project completion. A small charge will be made to cover the cost of this, unless quoted otherwise.
Once the project is completed, VMAL Ltd will upload the website to the Client’s live web address if included as part of a project. After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then VMAL Ltd reserves the right to quote for work to repair the website. VMAL Ltd reserves the right to assign subcontractors in whole or as part of a project if needed.
VMAL Ltd will keep a copy of the site and design source files when a website project is being worked on. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.
All projects require a 50% Pro-forma deposit. This deposit is an acceptance of the undertaking of the project and is non refundable.
Prices are subject to change without notice.
All quoted prices are exempt of VAT.
All invoices must be paid in full within 28 days of the invoice date, except where agreed at VMAL Ltd’s own discretion.
VMAL Ltd reserves the right to decline further work on a project if there are invoices outstanding with the Client.
VMAL Ltd reserves the right to remove its work for the Client from the Internet if payments are not received.
Liability and Warranty Disclaimer
VMAL Ltd provides their website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. VMAL Ltd cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The Client agrees that VMAL Ltd is not liable for any bugs, performance issues or failure of their WordPress software as WordPress is open-source software distributed under the GPL (“GNU General Public License”) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the WordPress Development community via Wordpress.org.
VMAL Ltd endeavours to provide a website within given delivery time scales to the best of its ability. However, the Client agrees that VMAL Ltd is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
The Client agrees that VMAL Ltd is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
VMAL Ltd is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from Developer 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, VMAL Ltd cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free. If, after handover of files, errors are found in code VMAL Ltd has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then VMAL Ltd can correct these errors for the Client free of charge for a period of 3 months, after acceptance of the work. After the 3-month period, VMAL Ltd reserves the right to quote separately for any work involved in correcting an error.
If, after handover of files, errors are found in code VMAL Ltd has created and the standard development platform, or the domain name set-up or hosting set-up have been changed, VMAL Ltd can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.
Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, VMAL Ltd reserves the right to cancel forthwith any projects and invoice the Client for any work completed.
VMAL Ltd shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if VMAL Ltd has been advised of the possibility of such damages.
There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend VMAL Ltd and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.
VMAL Ltd may from time to time recommend to the Client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. VMAL Ltd reserves the right to quote for any updates as separate work. The Client agrees that VMAL Ltd is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold VMAL Ltd harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
The Client agrees to use all Developer services and facilities at their own risk and agrees to defend, indemnify, save and hold VMAL Ltd harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against VMAL Ltd or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties.
The Client agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.
The Client also agrees to indemnify, hold harmless and defend, VMAL Ltd against any liabilities arising out of injury to property or person caused by any any product or service sold by the Client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.
VMAL Ltd and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about VMAL Ltd to another party, unless directed by VMAL Ltd.
VMAL Ltd reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. VMAL Ltd shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
VMAL Ltd reserves the right to alter these Terms and Conditions at any time without prior notice.
These Terms and Conditions do not affect your statutory rights as a consumer.