Definitions:
The Client: The company or individual requesting the services of Influense Design.
Influense Design: Primary designer/site owner & employees or affiliates.
General
Influense Design will carry out work only where an agreement is provided either by email, telephone, mail or fax. Influense Design will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Influense Design and the client, this includes telephone and email agreements.
Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Influense Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Influense Design unless agreed by prior arrangement, and any fees due are paid in full.
Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by Influense Design remain the copyright of Influense Design and may only be commercially reproduced or resold with the permission of Influense Design.
Influense Design cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of Influense Design and where no charge is made by Influense Design for such additions, Influense Design accepts no responsibility to ensure such additions are error-free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Influense Design all materials required to complete the site to the agreed standard and within the set deadline.
Influense Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Influense 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 wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Influense 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 any of the clients appointed agents.
Influense 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.
Influense Design is not responsible for loss or damage to clients data due to hacking or malware of a website either hosted by Influense Design or not.
Influense Design is not responsible for spamming, phishing, pharming or spoofing originating from a clients website either hosted by Influense Design or not.
A deposit of 50% is required for new projects before any design work will be carried out. This figure may be higher for websites and is non-refundable.
All intellectual property rights in materials provided by the Client for its website remains the Client’s property.
Subject to this, all intellectual property rights in software, design work or any other materials provided to the Client remain the property of Influense Design.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Influense Design cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been 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 use.
Any scripts, applications or software (unless specifically agreed) written by Influense Design remain the copyright of Influense Web Design and may only be commercially reproduced or resold with the permission of Influense Design.
Where applications or sites are developed on servers not recommended by Influense 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 to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any website, application or programming relating to a site developed by Influense Design before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Influense Design will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Compatibility
Influense Design will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when browsing with the major internet borrower software, including Microsoft Internet Explorer Version 8+. Influense Design offers no guarantees of correct functioning with all browser software.
Website Hosting
Whilst Influense Design can provide hosting for websites, no guarantees can be made as to the availability or interruption of this service by Influense Design, Influense Design cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Influense Design reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
Payment of Accounts
A deposit is required from any new project (unless otherwise agreed) before any work is carried out. It is the Influense Design policy that any outstanding accounts for work carried out by Influense Design or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Influense Design. In the case of websites, the full outstanding amount is payable prior to the website going live.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Influense Design have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in county court judgements (CCJs) being added to the client’s credit rating.
Following consistent non-payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Your Privacy
We do not share or sell any of your details with third-party companies, without your express permission and we will only email you or contact you about work-related matters.
Complaints Procedure
Informal procedure – Anyone who experiences a problem with their web service provided by Influense Design should raise the matter directly by phoning 01323 419212, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. Influense Design will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
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 with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Influense Web Design, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint 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 the minimum of delay.