Standard Terms and Conditions of Sale

WEB DESIGN SERVICES

By placing an order with Advanceworx Creative Communications, you confirm that you are in agreement with and bound by the terms and conditions below.

DEFINITIONS

The Client: The company or individual requesting the services of Advanceworx Creative Communications. Advanceworx Creative Communications: Primary designer / site owner and employees or affiliates.

GENERAL

Advanceworx Creative Communications will carry out work only where an agreement is provided either by email, telephone, or mail. Advanceworx Creative Communications 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 Advanceworx Creative Communications 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, Advanceworx Creative Communications 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 Advanceworx Creative Communications until all outstanding accounts are paid in full.
Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by Advanceworx Creative Communications remain the copyright of Advanceworx Creative Communications and may only be commercially reproduced or resold with the permission of Advanceworx Creative Services.
Advanceworx Creative Communications 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 the brief will be carried out at the discretion of Advanceworx Creative Communications and where no charge is made by Advanceworx Creative Communications for such additions, Advanceworx Creative Communications accept 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 Advanceworx Creative Communications all materials required to complete the site to the agreed standard and within the set deadline.
Advanceworx Creative Communications will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Advanceworx Creative Communications 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.
Advanceworx Creative Communications 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.
Advanceworx Creative Communications 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.
A deposit of between 25% or 50% is required with any project before any design work will be carried out.
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

Advanceworx Creative Communications 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, CGI applications or software (unless specifically agreed) written by Advanceworx Creative Communications remain the copyright of Advanceworx Creative Communications and may only be commercially reproduced or resold with the permission of Advanceworx Creative Communications.
Where applications or sites are developed on servers not recommended by Advanceworx Creative Communications, 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 clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Advanceworx Creative Communications before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Advanceworx Creative Communications will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

COMPATIBILITY

Advanceworx Creative Communications 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 viewed with the web browsing software Mozilla Firefox and Google Chrome. Advanceworx Creative Communications can offer no guarantees of correct function with all browser software.

WEBSITE HOSTING

Whilst Advanceworx Creative Services hosts websites and email accounts, no guarantees can be made as to the availability or interruption of this service by Advanceworx Creative Communications and 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.
Advanceworx Creative Communications reserve 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 hosting service should the necessity arise.

PAYMENT OF ACCOUNTS

A deposit is required from any new client before any work is carried out. It is the Advanceworx Creative Communications' policy that any outstanding accounts for work carried out by Advanceworx Creative Communications 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 Advanceworx Creative Communications. Late payment of invoices will be subject to an additional administration charge of £35 per week from the date of invoice. This charge is at the discretion of Advanceworx Creative Communications.
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 Advanceworx Creative Communications 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.

ONLINE MARKETING SERVICES

CONFIDENTIALITY

Advanceworx Creative Communications and its representatives will at all times operate a completely confidential service and will not divulge any information about the Client, the work to be carried out, or being carried out for the Client or by the Client without the Client's permission.

INFORMATION

The Client will provide the Consultant with all relevant information that may affect the outcome of the project. This may include: information that is internal to the business or external industry specific; any policy decisions, changes or activities that affect the operations of the business; any other information that may possibly affect the outcome of the project. In the event of a failure to communicate any of the above, Advanceworx Creative Communications cannot accept any responsibility for the outcome of the project.

COMMUNICATION

Progress of the project will be communicated on a regular basis to the Client as detailed in the project brief. Additional meetings or other extra communication requested by the Client will be considered extra work and charged as such (see extra work).

WEB SITE ALTERATIONS

All recommendations for Web site alterations, updates, amendments and additions must be carried out in order to ensure the success of the project. If any of the recommendations are not implemented, the success of the optimisation and Web site promotion process may be compromised. The consultant reserves the right to refuse to progress the project until such recommendations are implemented. It is essential that if the Web site has been developed by a third party company that their cooperation is obtained. This is the sole responsibility of the Client.

SEARCH ENGINE ACCEPTANCE

Advanceworx Creative Communications can make no guarantees that any specific search engine will accept or list the Client's Web site, in addition, Advanceworx Creative Communications can take no responsibility for misrepresentation of the Client's company by a third party. However, every possible effort will be made by the consultant to ensure that the Web site is listed in the most appropriate manner and location.

REVIEWS

Reviews of progress are carried out as detailed in the project brief, any extra reviews requested by the Client are considered extra work and will be charged as such (see extra work).

REPORTS

Any reports including reviews will be presented in the Consultant's standard format unless the Client requests an alternative format. Any administrative costs incurred in such requirements will be charged at the Consultant's daily rate.

FEES

The fee for Website optimisation and search engine registration services are as per the product sheets. The fee for additional consultancy is £35 per hour.

PAYMENT TERMS

30 days from presentation of invoice. The invoice for the complete year's contract will be presented when the optimisation and initial search engine and/or directory (if required) registration has been completed. This charge will include any subsequent registrations (the further 11 monthly submissions for the year). Any reviews agreed in the project brief will be charged at the point of completion of the review. Late payment of invoices will be subject to an additional administration charge of £35 per week from the date of invoice. This charge is at the discretion of Advanceworx Creative Communications. Failure to pay for work completed may result in completed work being reversed at the discretion of Advanceworx Creative Communications.

EXTRA WORK

Any work carried out in addition to the proposal will be considered extra work. Prior to any such work being carried out, a supplementary proposal will be issued and approved by the Client.

ACCEPTANCE

Instructions to commence the project and acceptance of the project brief includes acceptance of these terms and conditions. UK law applies.

CANCELLATION

In the event of cancellation by the Client prior to the completion of the consultancy, payment will be due for any work carried out pro rata to any activities or stages partly or fully completed as detailed in the project brief.

CHANGES

These terms and conditions may be subject to change at the discretion of the Consultant from time to time.

COMPLAINTS PROCEDURE INFORMAL PROCEDURE

Anyone who experiences a problem with their web service provided by Advanceworx Creative Communications should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint.
Advanceworx Creative Communications 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 Advanceworx Creative Communications, 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.

Contact Us

Call: 01698 404 680

International House
Hamilton International Technology Park
Stanley Boulevard
Hamilton
G72 0BN

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