Flux3 Terms & Conditions
(Please ensure that you read and understand these conditions.)
1. Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Flux3.
Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document. Flux3 reserve the right to refuse to construct a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited to sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
2. Flux3 Intellectual Copyright: Flux3 will hold intellectual copyright of any material, including any source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client.
3. Clients Responsibilities: with Regard to Copyright: In situations where the client provides images, text, animations or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by Flux3 in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
4. Client delay: Supply of Materials
The Client is to supply all materials and information required for Flux3 to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client’s failure to supply such materials leads to a delay in completion of the work, Flux3 has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client’s failure to supply materials prevents progress on the Work for more than 21 days, Flux3 has the right to invoice the Client for any part or parts of the Work already completed.
5. Registration Charges: All third party costs arising from the registration of a domain name shall be met by the Client. Flux3 recommend that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client’s behalf we agree to transfer this domain name to the client immediately upon request and without charge.
6. Search Engine Promotion: Flux3 are not responsible for the client’s on-going web site promotion. Should the client require the site to be promoted on an ongoing basis a contract can be arranged or a third party company can be recommended. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.
7. Browser compatibility: Flux3 makes every effort to design pages which display acceptably in the most popular current browsers and are as future proof as possible, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
8. Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
9. Supplying Text/images: Text content should be delivered as a Microsoft Word (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this. Images and logos should be supplied as either jpeg,eps or tiff format.
10. Conceptualising: Conceptualizing is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. For higher cost websites this will be included but for low cost sites (below £600) please bear in mind that unless previously agreed, only one concept is possible. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don’t do this we will design the website appropriately but if it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.
11. Quotations: The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated.
12. Advance Payment: An advance of 25% of the total cost of the project is required before work can commence. After work commences this is non-refundable.
13. Payment terms: Payment is currently accepted by cheque or bankers draft in UK Pounds Sterling, unless otherwise agreed. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £25.
14. Additional charges: Flux3 will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement. Flux3 will not undertake changes to the specifications of the Work which would increase the cost, without prior written authorisation from the Client.
15. Payment: Payment of any balance will be due within 30 days of final invoice date. Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of £50 will be required to have the site restored.
16. Late Payment: Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.
17. Future Support: The website is provided to and accepted by the client as a fully functioning, completed work. Flux3 is not responsible for future support unless the site is hosted on flux3’s own server and a hosting plan is in place. This support can normally be provided upon request and for an agreed fee.
18. Future Site Problems: Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website, and Flux3 will endeavour to protect it from this as much as we can during its creation. We cannot be held responsible for problems that develop on completed sites as a result of illegal activity.
19. Compliance with Ecommerce, Accessibility or Other Regulations: We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company lawyer.
20. Client managed systems (CMS) & BLOGs: Once these are live they are the responsibility of the client. Flux3 will NOT be held responsible for content that is unfit This includes, but is not limited to posts which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
Notes: Should Flux3 waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Flux3 to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected. Flux3 reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact me.