Terms and Conditions
The following Terms and Conditions of Service apply to all products including web design, online marketing & graphic design services provided by ADVWebSolutions
All work is carried out by ADVWebSolutions on the understanding that the client has agreed to ADVWebSolutions terms and conditions.
Copyright is retained by ADVWebSolutions on all creative design work including campaign advertising slogans, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by ADVWebSolutions as fulfilling the contract. All other designs remain the property of ADVWebSolutions, unless agreed in writing that this arrangement has been changed.
At the time of proposal, ADVWebSolutions will provide the client with a written estimate or quotation. The terms and conditions can be read on the ADVWebSolutions website.
The client may send an official order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, which binds the client to accept ADVWebSolutions terms and conditions.
No work on a project will commence until acceptance of the quotation has been received by ADVWebSolutions.
Clients will normally be invoiced at the beginning of projects. For larger projects, such as website development, we will require staged payment. This would normally be two equal payments at stages to be agreed with the client.
Payments may be made by BACS, Online Bank Transfer or PayPal. Publication and/or release of work undertaken by ADVWebSolutions on behalf of the client may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice.
ADVWebSolutions shall be considered entitled to remove ADVWebSolutions and/or the client’s material from any and all computer systems, until the amount due has been fully paid.
This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay ADVWebSolutions reasonable legal expenses and third party collection agency fees in the enforcement of these terms and conditions.
Copyrights and Trademarks
By supplying text, images and other data to ADVWebSolutions for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by ADVWebSolutions on behalf of the client, will remain the property of ADVWebSolutions and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.
The client may request in writing from ADVWebSolutions the necessary permission to use materials (for which ADVWebSolutions holds the copyright) in forms other than for which it was originally supplied, and ADVWebSolutions may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to ADVWebSolutions, the client grants ADVWebSolutions permission to use this material freely in the pursuit of the design.
Should ADVWebSolutions or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow ADVWebSolutions to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold ADVWebSolutions free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that ADVWebSolutions holds no responsibility for any amendments made by any third party before or after a design is published.
Any design, copywriting, drawing, idea or code created for the client by ADVWebSolutions, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of ADVWebSolutions and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim – should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
ADVWebSolutions will not be held responsible for any and all damages resulting from such claims. ADVWebSolutions is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold ADVWebSolutions responsible for any such loss or damage. Any claim against ADVWebSolutions shall be limited to the relevant fee(s) paid by the client.
Rights of Refusal
ADVWebSolutions will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities.
ADVWebSolutions also reserves the right to refuse to include submitted material without giving reason.
In the situation where any images and/or data that ADVWebSolutions does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow ADVWebSolutions to remove the contravention without hindrance, or penalty. ADVWebSolutions is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact or e-mail, however, following this, ADVWebSolutions will need formal notification in writing to the company’s postal address.
The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by ADVWebSolutions within 7 days of such instruction being issued, will be liable for the full quoted cost of the project.
Any indication given by ADVWebSolutions of a project’s duration is to be considered by the client to be an estimate. ADVWebSolutions cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by ADVWebSolutions for the initial payment or by date confirmed in writing by ADVWebSolutions.
ADVWebSolutions makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. ADVWebSolutions will not be held responsible for any and all damages resulting from products and/or services it supplies.
ADVWebSolutions is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
The client agrees not to hold ADVWebSolutions responsible for any such loss or damage. Any claim against ADVWebSolutions shall be limited to the relevant fee(s) paid by the client.
ADVWebSolutions reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their terms and conditions. ADVWebSolutions will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by ADVWebSolutions, by our online quotation system, email, verbally or in writing, is deemed to be acceptance of these terms and conditions.
An estimate validated by confirmation of approval to proceed with the project by the client by our online quotation system, e-mail or in writing constitutes acceptance of the estimate or quotation and agreement to comply fully with all the terms and conditions and forms a Contract for Business between the signatory and ADVWebSolutions.
Creative Design Services
Charges for creative design services to be provided by ADVWebSolutions will be set out in the written estimate or quotation that is provided to the client.
Charges for creative design work do not cover the release of copyright design files including indd, psd, png, eps, jpg or any other source files; if the client requires these files they will be subject to a separate quotation or ‘buy-out’ charge.
Publication and/or release of work done by ADVWebSolutions on behalf of the client may not take place before cleared funds have been received.
All design work will be proofed by the client and written approval given before ADVWebSolutions will release it for publication or print. Whilst all efforts will be made by ADVWebSolutions to ensure the accuracy of work, no liability can be accepted by ADVWebSolutions for errors not highlighted by the client prior to written approval for publication or print.
The client agrees to ADVWebSolutions’s definition of acceptable means of supplying data to the company.
Text is to be supplied to ADVWebSolutionsin electronic format as standard text (.txt), MS Word (.doc) on CD-ROM/USB, or via e-mail/FTP.
Images which are supplied in an electronic format are to be provided in a format as prescribed by ADVWebSolutionsvia CD-ROM/USB, or e-mail/FTP. Images must be of a quality suitable for use without any subsequent image processing, and ADVWebSolutionswill not be held responsible for any image quality which the client later deems to be unacceptable.
ADVWebSolutionscannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.
Website Design and Development
ADVWebSolutions require that a template is approved by the client before coding of a site commences. Once the template(s) for the website are approved by the client, coding will commence; any changes to navigation items, colours, structure or content which require changes to the template will incur an additional charge.
Once web design is complete, ADVWebSolutions will provide the client with the opportunity to review the resulting work. ADVWebSolutions will make one set of minor changes at no extra cost within 14 days of the start of the review period.
Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to ADVWebSolutions by e-mail.
ADVWebSolutionswill consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
Rights of Access for Website Construction
The client agrees to allow ADVWebSolutions all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The client also agrees to allow ADVWebSolutions access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The client agrees to supply ADVWebSolutions with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
ADVWebSolutions offers in-house hosting services through an out-sourced virtual server. ADVWebSolutions does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
ADVWebSolutions may request that clients change the type of hosting account used if that account is deemed by ADVWebSolutions to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Fees for hosting on ADVWebSolutions’s virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and ADVWebSolutions is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client/domain owner.
ADVWebSolutions cannot guarantee the availability of any domain name. Where ADVWebSolutions is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
The client agrees to allow ADVWebSolutions to place a small credit in the form of a link to ADVWebSolutions’s own website on the client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The client also agrees to allow ADVWebSolutionsto place websites and other designs, along with a link to the client’s site on ADVWebSolutions’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
From time to time ADVWebSolutions will offer promotions and offers, any such offers can be withdrawn at anytime and for any reason. A person/organisation can only claim an offer once. Whether a client is eligable to claim an offer is entirely at the descretion of ADVWebSolutions.
ADVWebSolutions reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.