TERMS AND CONDITIONS
These terms and conditions are applicable to all Web Development projects undertaken by Seven Studio Design. By accepting the following terms and conditions, your statutory rights are not affected in any ways.
Client: A ‘Client’ can be a person, persons, business or organisation using any of the services provided by Seven Studio Design.
Project: A ‘Project’ is any work undertaken or service provided by Seven Studio Design to a Client upon request and based on the confirmation received from the Client.
Small Project: ”Small Project” is for £1,000 or less
Medium Project: ”Medium Project” is from £1,000 up to £7,000
Large Project: ”Large Project” is above £7,000
The Company: ‘The Company’ means Seven Studio Design mentioned in any part of the document.
Third Party Applications: Any image, text, software or other applications that is owned by a third party and used in the creation of the Products.
Live Mode: This means the date from which the website is available on the Client’s chosen domain.
Domain: ‘Domain’ is the web address (URL) as specified by the Client.
Hosting: It is a service with a yearly cost to keep a Client’s website active on the Internet.
- THE CLIENT AGREES TO:
2.1 Provide the Company, within a reasonable timescale, everything that is requested from to complete the Project including text, images and other information.
2.2 Provide the Company with text and images in the format as specified by the company, Seven Studio Design.
2.3 Review the Company’s work, provide feedback, and signoff approval in a timely manner.
2.4 Make every effort to adhere to all agreed deadlines.
2.5 Adhere to the payment schedule laid out on our prices page or agreed separately for bespoke work.
2.6 Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
2.7 Provide a minimum of one month notice in writing, or by email, should you wish to cancel any contract.
- THE COMPANY AGREES TO:
3.1 Carry out services in a professional and timely manner.
3.2 Make every effort to adhere to any deadlines agreed between client and the company.
3.3 Make two revisions to the design, layout, colours etc., unless agreed otherwise.
3.4 Additional revisions or design work outside the scope of the project will be charged separately.
3.5 Endeavour to complete requested website revisions or updates within 48 hours, wherever possible.
3.6 Maintain up to date skills and knowledge through regular training and research.
3.7 Contact you before the end of the first 12 months period, to discuss the various options open to you for continuing website maintenance and support and/or hosting.
3.8 The project is marked us completed when the website is transferred to the new hosting space and all the charges will be invoiced: monthly maintenance and website development.
- TERMS AND CONDITIONS IN GENERAL
4.1 Seven Studio Design shall never start any website project without receiving the necessary contact details of the client (Name, Address and Telephone Number). In order to switch the website on live, it’s mandatory that the address proof needs to be provided.
4.2 We will commence the work of your website only when the client agrees to the terms and conditions stated in our website.
4.3 Seven Studio Design will carry out work only when both the parties (the client and the company) come to a written agreement. A written agreement is signed by both Client and the Company.
4.4 Seven Studio Design will carry out work only for Clients who are 18 years above.
4.5 Quotations submitted by Seven Studio Design shall remain open for acceptance by the Client for a period of 30 (thirty) days from the date of Quotation (unless some other period is specified in the Quotation) or until when the company withdraws the Quotation.
4.6 Small projects shall pay a non-refundable deposit of 50% before start of the project.
4.7 The Client of Medium and Large projects shall, at the time of submission of an order to Seven Studio Design, shall pay a non-refundable deposit (30% of the total project value) for the services specified on the Order.
4.7.1 Medium projects must be paid in completed stages:
- 1 stage is 50% of completion of the project; The client must pay 50% of the remaining project amount
- 2 stage 100% completion of the project; The client must pay the remaining of the full project amount
4.7.2 Large projects must be paid in completed stages:
- 1 stage is 25% completion of the project; The client must pay 25% of the remaining project amount
- 2 stage is 50% completion of the project; The client must pay 25% of the remaining project amount
- 3 stage is 75% completion of the project; The client must pay 25% of the remaining project amount
- 4 stage is 100% completion of the project; The client must pay the remaining of the full project amount
- WEBSITE DESIGN POLICIES ON CONTENT AND IMAGES
5.1 Seven Studio Design will ensure that the website, any scripts or programs in it are free of errors. Seven Studio Design cannot take up responsibility for any losses incurred due to malfunction within the website or any part of it.
5.2 Any scripts including PHP scripts, dot net scripts, graphics, web program, web applications or software (unless specifically agreed) written by Seven Studio Design remain the copyright of the company and may only be commercially reproduced or resold with the permission of Seven Studio Design.
5.3 Seven Studio Design cannot take responsibility for any copyright infringements caused by materials submitted by the Client towards the project and once the website is open to the public.
5.4 We reserve the right to refuse any material of a copyrighted nature unless adequate proof of permission is given to use such material.
5.5 The Client agrees and guarantees that all texts, graphics or other artwork furnished to Seven Studio Design for the web design project are owned by the Client, or that the Client has permissions to use from the rightful owner.
5.6 The Client agrees to protect and defend Seven Studio Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
5.7 Seven Studio Design will add pictures or images to the website worth £15 which is included in the quote. If the pictures/images exceed the above limit, it will be charged from the client.
5.8 The Client agrees to make available as soon as is reasonably possible to Seven Studio Design all materials required to complete the site to the agreed standard and within the set deadline of 30 days. If the Client fails to supply required materials within this specified time, Seven Studio Design holds the right to cancel the project.
5.9 Seven Studio Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- THIRD PARTY SERVICES
6.1 Seven Studio Design will not be liable or become involved in any disputes between the site owner and their Clients, and cannot be held responsible for any wrong doing by the site owner. E.g. any disputes regarding content/images that have been provided to us for inclusion on the site.
6.2 Seven Studio Design will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Client or through any appointed agents.
6.3 Seven Studio Design will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
6.4 The Client has to supply a brief description, navigation requirements about their web project and also has to supply texts, contents, images, bank details for creation of payment gateway details, any third party software and applications to be integrated in the website.
6.5 Any fees or charges for third party software, applications and stores like eBay, Amazon, should be paid by the Client. Any third party advertisement campaigns like Google AdWords, yahoo etc. should be paid by the Client unless agreed otherwise.
- SOFTWARE APPLICATION AND DEVELOPMENT
7.1 Seven Studio Design cannot take responsibility for any losses incurred by the use of any software created for the Client. Whilst maximum care is taken to ensure products are problem free and accurate, the ultimate responsibility lies with the Client in ensuring that all software is functioning correctly before the use.
7.2 When applications or sites developed on servers not recommended by Seven Studio Design, the Client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are required to develop, it is the responsibility of the client to provide a suitable testing environment for the final product.
7.3 The Client is expected to fully test any application or program on the site developed by Seven Studio Design before it is made live and open to the public.
- SOURCE CODE
8.1 We are using PHP language to build your custom made development. A programmer who knows the PHP language can edit the program and can make changes to the code.
8.2 The source code remains exclusive property of Seven Studio Design. We reserve the right to change the source code if necessary.
- POST PROJECT ALTERATIONS
Once the website is made live, any additions or corrections required by the Client will be carried out at the discretion of Seven Studio Design. The client will have to pay an additional charge for any such extra corrections done on the website.
11.1 All the files created towards website project shall remain the intellectual property of Seven Studio Design upon completion of a web design project
11.2 Seven Studio Design shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivatives works, and distribute any item from the Clients web pages unless specifically agreed to do otherwise.
11.3 Seven Studio Design shall be free to use any ideas, concepts or techniques acquired in the construction of websites for any purpose including but not limited to developing, manufacturing and marketing of products or other items.
- WEBSITE HOSTING
12.1 Whilst Seven Studio Design offers hosting services, no guarantees can be made to the availability or interruption of this service for technical reasons (access to the website or project while the hosting company resolves the issue).
12.2 Seven Studio Design cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or loss of turnover, sales, revenue, and profits in any ways.
- HOSTING RENEWAL
13.1 When a Client renews “hosting” with Seven Studio Design, this also includes Domain renewal if the renewal is needed to keep the site functioning.
13.2 If the Client do not renew the Domain, the Domain name will be made available to the public for purchase and Seven Studio Design cannot be held liable for this.
13.3 Renewal of “hosting” is due on a yearly basis. The date of renewal will be annually from the date the website was transferred or bought to Seven Studio Design’s hosting.
13.4 The “hosting” will not be renewed if Seven Studio Design cannot contact the customer or if the customer do not request to renew.
13.5 The “hosting” charge is per domain name.
- HOSTING RENEWAL CHARGES
14.1 The hosting renewal charge must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the Client has not paid the renewal charge. An admin fee is set for re-activating the website/ hosting.
14.2 You can set up to 10 e-mails free of charge during the first year of hosting. You will be charged 5 pounds each for every extra e-mails you create during this period, and you will be charged for all the e-mails from second year onwards.
14.3 Seven Studio Design will charge the client £15/GB if they want to increase the disk space after 2GB.
14.4 Seven Studio Design reserve the right to refuse to handle any material which may be deemed offensive, illegal or in anyway controversial, and even terminate the free hosting service should the necessity arise.
- SUPPORT ON THIRD PARTY SERVER
We will give the source code in a zip file. If the client wants us to set it up on a third party server, then, we will charge you £150 + VAT for setting it up.
- HOSTING WITH 3RD PARTY SERVERS
Seven Studio Design cannot provide support for technical issues if the client is on a third party server.
- CUSTOMER OBLIGATIONS
17.1 The Client should agree to co-operate with and assist Seven Studio Design in the performance of the services requested; in accordance with this agreement and will provide the resources necessary for Seven Studio Design performance hereunder as specified in the work order.
17.2 The Client will make available to Seven Studio Design at least one qualified staff member who have the authority to act on behalf of the Client.
17.3 The staff will provide information and data concerning Client’s operations and activities, advise on requirements and provide access to facilities at all reasonable times during the performance of the services.
18.1 Seven Studio Design provides 48 hours testing period before the site is launched. During this time any technical issues will be resolved at no cost. After this period, any obligations under the contract will be considered as fulfilled and the contract concluded.
18.2 Any changes to the website following the testing stage and conclusion of the contract will be charged separately.
18.3 The minimum period for any ongoing website services purchased will be 12 months. If the client would like to stop the services beforehand it will be charged for the remaining time.
Seven Studio Design will ensure that any developed/designed site or application will function correctly on the server when installed and viewed with any web browsers.
- WEBSITE OPTIMISATION (SEO)
20.1 Due to external factors, such as changes in the way search engines rank websites, we cannot offer any guarantee regarding the position your website would achieve. The process of optimising the website itself (on-site optimisation) will bring in more traffic and you will see increased visits to your site, naturally.
20.2 We cannot accept liability for the drop in your website’s ranking in the major search engines. Changes in algorithms of the search engines or the factors that they use to rank websites shall reflect on a website’s ranking at any time.
20.3 We always use ‘white hat techniques’ when optimising websites and aim to achieve the top ten rankings within six months after undertaking the project. But we cannot offer any guarantee regarding the position we would achieve within 6 months.
20.4 Due to the amount of work involved and personnel’s required, payment is generally required in advance.
20.5 We do not offer refunds for this type of works. Every fortnight, we send you a performance & analytics report to track our efforts and results.
20.6 We do basic Search Engine Optimisation (SEO) for all the sites we develop. But for keywords with heavy competition, this may not be enough to achieve desired rankings and, we may need to do advanced SEO.
20.7 Your site’s ranking will also be affected if any of your competitors are doing SEO for their sites. Even if we do advanced SEO, it will take about six months to get all the keywords to the top positions.
20.8 We have a dedicated SEO team with ample experience and we always keep ourselves updated with the latest trends in SEO.
- DATA ENTRY
If you need data entry works on your website, Seven Studio Design can do the full data entry works (provided data and reference websites are provided by the client) into your new website with an extra of £30 per hour.
You agree to indemnify and keep us indemnified against all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered as a result of any third party legal action or threatened action in relation to Intellectual Property Rights infringement.
- PAYMENT OF ACCOUNTS
23.1 Seven Studio Design will not do any free content editing which is notified after the website launch work. The charges will dependent on the complexity of the work.
23.2 The Client shall make all payments due to Seven Studio Design by; cheque (supported by an appropriate cheque guarantee card) or by bankers draft, in cash or through an electronic transfer direct to the company’s bank account or through the third party payment gateways like PayPal.
23.3 If the Client fails to pay any amount due to Seven Studio Design under this Agreement on the relevant due date, a default interest rate, as specified by the Late Payment of Commercial Debts (Interest) Act 1998 shall be added (from the day after the due date until the date of receipt).
23.4 A deposit is required from any new Client before any work is being carried out. Any outstanding payments for the work carried out by Seven Studio Design or its affiliates are to be paid in full no later than 30 days from the date of the invoice, unless by prior arrangement with Seven Studio Design.
23.5 Once a deposit is paid and work completed, you are obliged to pay the balance payment in full. We will contact Clients via email or telephone to remind them of such payments, if they did not pay their dues.
23.6 If accounts are not settled or client did not contact Seven Studio Design to inform regarding the delay, access to the client’s website may be denied and web pages will be removed. We will pass such cases to the Small Claims Court to pursue payment.
23.7 Following the consistent non-payment of an invoice, our Solicitors will contact the Client in question with a view of taking the matter further through legal procedures, and if necessary, through court summons.
23.8 Seven Studio Design will start work on a project only after receipt of 30% deposit of the quoted project fee from the Client or otherwise as agreed by Seven Studio Design. The final 70% payment is to be paid upon completion of the work.
23.9 We will not refund the deposit once the work started and after 14 days of the project. The website will be switched to Live Mode once Client pays the remaining balance in full.
23.10 Where a project is being delayed outside of the agreed timescales through no fault of our own (see sections 28 ‘Design Schedule’) Seven Studio Design reserve the right to invoice you and receive payment for the remaining balance of the project and cancel the agreement.
- INTEREST ON LATE COMMERCIAL PAYMENTS
The late payment fee will be levied on the final invoice and should be paid within 30 days from the date of issue of the invoice.
- YOUR PRIVACY
We do not share or sell any of your details with any third party companies, without your expressed permission or knowledge. We will only email you or contact you about work related matters.
- COMPLAINTS PROCEDURE
26.1 Informal procedure: Anyone who experiences a problem with their web service should raise the matter using our online contact form or email us, by giving sufficient information to locate the material (such as a URL) and clearly outlining the grounds for complaint. Seven Studio Design will approach the individual responsible for the material in question with a view of resolving the matter to the satisfaction of the complainant.
26.2 Formal complaints procedure: The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt informally. Or, where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Seven Studio Design, who will acknowledge the receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaints can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with minimum delay.
- TERMINATION OF SERVICE
27.1 We may terminate this agreement if you fail to pay the amount due or with any outstanding payment dues.
27.2 We may terminate this agreement upon written notice if you breach any of these terms and conditions, and if you fail to correct the breach within seven (7) days following a written notice from us. The same applies, if you are a company that has gone into insolvent liquidation or a person declared bankrupt.
27.3 On termination of the agreement, we shall be entitled to immediately block your website and to remove all the data in it. We will hold such data for a period of seven (7) days and allow you to collect it at your expense; failing which will lead to delete all the data. We shall further be entitled to post such notice in respect of the non-availability of your website, as we think it is right.
27.4 We may terminate or suspend any website which is deemed to be causing a disruptive service to our Clients as a whole.
28. DESIGN SCHEDULE
28.1 Before a project commences, we will agree with you a Design Schedule that will set out the following:
- The material that we need from you to complete the project and the dates that you will provide this with this content. This will include photography, content, any data needed for database import, logo etc.
- Milestones in terms of key stages within each project together with dates
- Date for the launch of the completed website
28.2 The design schedule will be set out in writing and agreed between us. It is essential to the success of each project that both parties commit to keeping to the timetable and that requested material is provided to us before the agreed dates.
28.3 If Seven Studio Design doesn’t receive the required materials from the client on a timely manner to be able to complete the project, Seven Studio Design shall send written notice to remind the client that a final invoice will be issued on the day of the deadline and the contract will be cancelled.
28.4 Should any slippage occur, then the party causing this must agree this with the other party in writing.