(Effective of the 1st January 2018)
All previous conditions of business are withdrawn and replaced by the following.
Hotlobster Design Ltd (herein after called “the designers”)
1. General - All contracts for rendering of services by the Designers shall incorporate these conditions of business. Neither the performance in whole or in part (herein after called “the client”) order nor any other conduct whatsoever on the part of the Designers shall be construed as the acceptance by the Designers, of terms of conditions in consistent with these conditions of business. Any variance must be agreed to in writing by both parties. If under any applicable rule of law, any provision of the conditions shall be void or otherwise unenforceable, these conditions of business shall be void, or as the case maybe unenforceable to that extent, but no further.
2. Quotations - All quotations are based on good copy (in an acceptable form to the Designers) being supplied to the Designers in the first instance without further amendment. Any order placed by a client following receipt of a quotation shall be deemed to be acceptance of such quotation upon these standard terms and conditions, unless otherwise agreed in writing by both parties. A quotation/Proposal or estimation is valid for 30 days from the date on the quotation letter.
3. VAT and Taxes - The Designers are VAT registered.
4. Cost Variations - All quotations are based on the Designers current costs of production and subject to renegotiation of price to meet any increase in such costs. The cost of any extra work arising from variations to the original instructions will be the clients responsibility.
5. Clients Orders - Orders for services will only be accepted if accompanied by the client’s official written order or confirmation by email of order with authority to proceed. The Designers shall not be held responsible for misinterpretation of clients verbal instructions.
6. Origination Work - All origination work produced by the Designers shall remain the property of the Designers unless otherwise agreed in writing.
7. Expedited Delivery - Should expedited delivery be agreed upon necessitating overtime or other additional costs, an additional charge may be made.
8. Claims - Any complaint must be made in writing within 10 days of receipt of goods and services, beyond which period no claim will be entertained.
9. Suspended Work - The suspension of any work for a period of 30 days shall entitle the Designers to payment in full for the portion of the work completed upon the exploration of the 30 day period.
10. Cancelled Orders - When an order placed is cancelled the Designers reserve the right to invoice all or part of the full price.
11.Termination of Contract for Periodical Publications - Any contract for the printing of periodical publications may only be terminated by either party giving the other reasonable notice in writing.
12. Liability - The client warrants that none of the work which the client shall request the Designers to carry out, shall be of an illegal, libellous or defamatory nature, or shall constitute an infringement of copyright, patent or design. The client shall indemnify and pay the Designers in respect of all claims and costs (including legal costs) and any such expenses incurred by the printer in relation to any successful or unsuccessful claim made against the Designers by any third party, in respect to any work carried out by the Designers for the client at the client’s expense. The client shall indemnify and pay the Designers for such costs etc on demand as such costs are incurred. The Designers shall be entitled to claim indemnity under the clause and seek reimbursement of costs, notwithstanding that any breach of
law, liable defamation or breach of copyright, patent or design may have been proved.
13. Reservation of Title - Ownership and title to the goods and services remains with the Designers until the price and all monies owing by the client to the Designers in respect there of, shall have been paid, notwithstanding that the goods may have already been delivered to the client. Until the client makes payment in full for goods and services, the client has a fiduciary duty to the Designers to account to it for the goods and services and any proceeds thereof. The client will keep the goods insured against fire, theft and other risks as the Designers may require.
14. Limitation of Liability - The Designers shall not be liable for any delays, lack of materials, strikes or any other matters outside the control of the Designers. In other respects the Designers liability to the client shall be limited to the invoice value of the work concerned. The Designers shall not be liable for any indirect or consequential loss nor any loss to the client arising from third party claims occasioned by errors or omissions in carrying out the work or in delay of delivery. The Designers shall not be liable for any changes to documents once supplied by the Designers.
15. Print Liability - Where a suitable printer is sourced on behalf of the client: all associated costs for print will be paid for upfront before artwork is submitted to the printer. Once quoted the prices cannot be discounted at any time.
16. Terms of Payment - Where a credit is operated, payment shall be made in 15 days after receipt of invoice. Both parties must agree to any variations to these terms in writing.
17. Late Payment - If payment is not made to the Designers in accordance with the clause (16) the Designers reserve the right to charge the client interest. In such an event the client shall be liable to apply, to the original invoice amount due, a service charge of 6% compound per 30 days or part thereof, upon so much of the
original invoice that from time to time remains due until payment shall be made.
18. Discounts - There are no unilateral discount provisions unless signed in writing by both parties.
19. Warranties, Guarantees and Representations - No guarantees, warranties, representations, quotations or agreements made on behalf of the Designers shall be binding on the Designers unless made in writing.
20. Privacy Act - The client authorises the Designers to make credit and other enquiries about the client and to obtain information about the client, and to disclose such information as maybe necessary for the valuation of the clients credit worthiness and will on request by the sourced printer complete an up to date credit account application form to enable the Designers to review the clients credit.
21. Copyright - Where the Designers produce original artwork, photography, advertisements, social posts, websites or digital art for a client, any copyright shall be owned by the Designers until such time as payment for such work has been made in full, at which time the copyright shall vest in the client. Notwithstanding copyright passing to the client as above, all origination material including but not limited to negatives, prints or digital assets, shall remain the property of the Designers at all times. and the client authorises the company to use such copyright material for its own advertising or display purposes.
Web Design Terms
22.1 If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid XHTML 1.0 Strict markup and CSS2.1 + 3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Google and Mozilla. We will also test to ensure that pages will display visually in a similar albeit not necessarily an identical way, in other browsers.
22.2 We will not test these templates in old or abandoned browsers unless otherwise specified. If you need to show the same or similar visual design to visitors using older browsers, we will charge you at the current daily rate set out in our original estimate for any necessary additional code and its testing.
22.3 We reserve the right to assign subcontractors in whole or as part of a project if needed.
22.4 We endeavour to create pages that are accessible to search engines. However, we can give no guarantee that the site will rank highly in search engines if you do not choose to invest in search engine optimisation or any other marketing strategies post launch.
22.5 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 you agree that we can apply a nearest available alternative solution.
22.6 You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Both parties will be bound by any dates that we set together.
22.7 We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage.
22.8 We will maintain the confidentiality of any information that you give us and you agree not to convey any confidential information about us to another party, unless we agree beforehand.
22.9 During a project it is important that you communicate information to us in order to achieve the required result.
22.10 If you request a third party access and change any code on your completed website, you assume full responsibility for any issues which occur as a result of this. This includes any functionality errors or the page displaying incorrectly. If you instruct us, and we agree to repair any compromised code or files this will be chargeable at £45+vat per hour.
23.1 All hosting costs are invoiced annually in advance of service
23.2 All invoices are paid and are due on receipt.
23.3 Accounts will be suspended when payment is not made. This will take affect after 10 working days in receiving invoice. OR prior arrangement is made
23.4 We will maintain the confidentiality of any information that you give us and you agree not to convey any confidential information about us to another party, unless we agree beforehand.