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Terms & Conditions - Web and Development

GENERAL TERMS AND CONDITIONS

To use Softflare web design, development, programming and associated services, you are subject to the provisions of these General Terms and Conditions (GTC) at all times.

Please note that in this GTC, "we"/"us"/"our" denotes Softflare Limited, company number 3901637, and "you"/"your" denotes you the customer.

1. Written Proposal:
Customarily, a written proposal is submitted for approval before any design work is carried out, although in circumstances where a client engages our design services without any such proposal being submitted, the same GTC will apply and the agreement will be in force regardless. We will commence design work upon mutual agreement with the client of all proposal points. Upon client acceptance of a proposal, or upon engagement on a project without a written proposal being required, the client will be required to pay a deposit of no less than 35% of the quoted work, whereupon we will prepare graphic preps for client review. Any estimate provided, unless stated otherwise, is valid for 60 days from date of issue.

2. Design Preps. and Written Proposal/Descriptions:
If required, and by mutual consent, we will prepare up to three individual designs. Following agreement between the client and us upon a proposed design, up to three adjustments to any one design may be requested by the client. If no design is subsequently accepted by the client, or if we consider any or any further such changes to be an unreasonable departure from the spirit of an agreement to prepare a project between us and the client, we may choose to terminate the agreement and in such a case, any deposit paid by the client is forfeited with no further obligation on our part. Any design work completed up to that point may be used by the client for whatsoever purposes he/she chooses, although intellectual property rights to any such work will be retained by us.

3. Changes:
Any further changes or additions not included in the original or subsequent mutually agreed quote will be invoiced at the prevailing rate.

4. Other notes:
When accepting data files from the client or its agents, we can confidently accept 95% of graphic/WP formats, but cannot guarantee the same. In the unlikely event that the client cannot provide us with anything other than a non-standard file format we may, at our discretion, invoice the client for any third party conversion charges.

Our website code is validated against the HTML 4.0 specification. No provision is made for WYSIWYG editors such as MS Frontpage, Adobe Pagemill, Claris HomePage etc. and their coding idiosyncrasies. If the client intends to subsequently update the site in such an editor, please discuss this with us before the contract commencement as certain design elements may be unrecognised or difficult to edit at a later date.

All Softflare Web sites are designed to be viewed optimally using MS Internet Explorer 5.5/Mozilla Firefox 1, or higher, taking due consideration of specific browser limitations which will be discussed with the client if relevant. We cannot support ISP/IAP specific browsers (e.g. AOL browser) and whereas such browsers are 90% compatible with our standards any quotation will not imply design to include any specific non-standard browser. This must be specifically requested and included in any contract to suply design services.

5. Warranty
Any HTML, CGI, PHP, Java, Javascript or other programmed code ("Code") is provided on an "AS IS" basis. Code developed by ourselves or our agents is supplied with 90 days of free technical support from the date of final invoice ("final delivery"). After this period, unless a maintenance agreement specifies to the contrary, it is deemed to be in use by the client without warranty of any kind, including without limitation the warranties of merchantability or fitness for a particular purpose. The client is therefore responsible for thoroughly testing any software provided by us within 90 days of final delivery. No liability is accepted by us for any indirect or consequential loss arising from the use of such Code. In any event any liability will not exceed the price paid for the work.

6. Copyright
All work produced by us or our agents, whether draft or completed designs, whether stored on the client’s fixed or removable media or on an Internet or Intranet server wheresoever located shall remain our actual and intellectual property and copyright until full and complete payment is received and cleared into our account and we reserve the right to remove any and all such work from any internet server to which we have access in the event that payment is withheld or not forthcoming in full. The only exceptions to this are photographs, transparencies or other media or text provided by or sourced from the client or its agents, and any such material shall remain the property of the client at all times, and applets, programs, video clips or other placeable media shall remain the copyright of their respective owners.

The intellectual property rights to all original works and source files (for example Photoshop PSD, Flash FLA, Illustrator AI files) for website, graphic or logo design will be deemed to be ours at all times unless specifically stated in a contract and the price for such work explicitly excludes the release of such source files to the client unless specifically stated in the contract. The price for a contract which includes the release of source files to the client will include a commensurate premium (normally around 100%). In such cases source files will be released to the client at the completion of the project.

PAYMENT TERMS

See this page for our Payment Terms.

Any deposit paid to us and/or delivery times promised for work quoted is forfeit in its entirety if a period of 90 or days or more elapses in which the project does not move forwards due to unsufficient or no contact from the client for whatsoever reason, whether within the client’s control or not. It is the client’s responsibility to deliver material (e.g. copy, images) required to complete any work quoted for unless we have expressly and in writing undertaken to source any such material on our own account and we will take no responsibility whatsoever for any delays or forfeits caused by such material not being delivered. Please note it is not our policy to accept putting projects ’on hold’ and the client should take steps to ensure that sufficient means are available to complete a project once a contract is entered into.

No deviations from specific points of this procedure are acceptable without written mutual agreement between us and the client. All agreements to provide Internet, graphic design, website development or programming or related services are subject to the above terms and conditions which shall be governed by the law of England and Wales. An agreement between the client and us to provide these or any other services will be deemed to be in acceptance in full of the above conditions unless otherwise confirmed by both parties in writing.

If any provision or section of this GTC or the application thereof to any person or circumstance is held to be invalid, the other provisions or sections of this GTC, and the application of such provision or section to other persons or circumstances, shall not be affected thereby.

By using our products and services, you are deemed to have agreed to these terms and conditions of use. We reserve the right to change them at any time. You should check these terms and conditions periodically for changes. If you use our products or services after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please discontinue your use of our products or services.

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