Website Design Terms & Conditions
By placing an order with Sims Designs, 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 Sims
Designs.
Sims Designs: Primary designer/site owner & employees or affiliates.
General
Sims Designs will carry out work only where an agreement is provided
either by email, telephone, mail or fax. Sims Designs 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 Sims Designs and the client, this includes
telephone and email agreements.
Website Design
Whilst every endeavor will be made to ensure that the website and any
scripts or programs are free of errors, Sims Designs 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
Sims Designs until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed)
written by
Sims Designs remain the copyright of Sims Designs and may only be commercially
reproduced or resold with the permission of Sims Designs.
Sims Designs 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 Sims
Designs and where no charge is made by Sims Designs for such additions,
Sims Designs 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 Sims Designs all materials required to complete the site to the agreed
standard and within the set deadline.
Sims Designs will not be liable for costs incurred, compensation or loss
of earnings due to the failure to meet agreed deadlines.
Sims Designs 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.
Sims Designs 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.
Sims Designs 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 35% is required with any standard project and 50% for database driven projects before any design work will
be carried out. This figure may be higher for websites of an adult nature and is non-refundable.
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
Sims Designs 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 Sims Designs remain the copyright of Sims Designs and may only
be commercially reproduced or resold with the permission of Sims Designs.
Where applications or sites are developed on servers not recommended by
Sims Designs, 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 Sims Designs before being made generally available
for use. Where "bugs", errors or other issues are found after
the site is live, Sims Designs will endeavor (but is not obliged to) to
correct these issues to meet the standards of function outlined in the
brief
Compatibility
Sims Designs will endeavor 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 Microsoft Internet Explorer Version 6 and to an acceptable level
with Mozilla browsers. Sims Designs can offer no guarantees
of correct function with all browser software.
Website Hosting
Whilst Sims Designs recommends hosting companies to host websites, no
guarantees can be made as to the availability or interruption of this
service by Sims Designs 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.
Sims Designs 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 free 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 Sims Designs policy that any outstanding accounts for work carried
out by Sims Designs 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 Sims Designs.
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 Sims Designs 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 (ccj's) being added to the clients 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.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by Sims Designs 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.
Sims Designs 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 Sims Designs, 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.
