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Website Design Studio Ltd. General Terms and Conditions of Supply

This document was last updated on November 30th, 2006

Website Design Studio and its affiliates ( 'Website Design Studio' or 'we' ) provides its content on this website (the 'Site') subject to the following terms and conditions (the 'Terms'). We may periodically change the Terms, so please check back from time to time. By accessing and using this Site, you agree to these Terms. For an explanation of Website Design Studio's practices and policies related to the collection, use, and storage of our users' information, please read our Privacy Policy.

By placing an order with Website Design Studio Ltd., 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 Website Design Studio Ltd.
Website Design Studio Ltd.
Primary designer/site owner and employees or affiliates.

General

Website Design Studio Ltd. will carry out work only where an agreement is provided either by email, telephone, mail or fax. Website Design Studio Ltd. 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 Website Design Studio Ltd. and the client, this includes telephone and email agreements.

Website Design

A deposit of 25% is required with any project before any design work will be carried out.

The website, graphics and any programming code remain the property of Website Design Studio Ltd. until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Website Design Studio Ltd. remain the copyright of Website Design Studio Ltd. and may only be commercially reproduced or resold with the permission of Website Design Studio Ltd.

Website Design Studio Ltd. 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 Website Design Studio Ltd. and where no charge is made by Website Design Studio Ltd. for such additions, Website Design Studio Ltd. 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 Website Design Studio Ltd. all materials required to complete the site to the agreed standard and within the set deadline.

Website Design Studio Ltd. will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Website Design Studio Ltd. 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.

Website Design Studio Ltd. 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.

Website Design Studio Ltd. 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.

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

Website Design Studio Ltd. 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.

Where applications or sites are developed on servers not recommended by Website Design Studio Ltd., 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 Website Design Studio Ltd. before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Website Design Studio Ltd. will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility

Website Design Studio Ltd. 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 Microsoft Internet Explorer Version 6 and onwards and to an acceptable level with Mozilla browsers. Website Design Studio Ltd. can offer no guarantees of correct function with all browser software.

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Website Design Studio Ltd. cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

Website Hosting

Whilst Website Design Studio Ltd. recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Website Design Studio Ltd. 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. Website Design Studio Ltd. 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 Website Design Studio Ltd. policy that any outstanding accounts for work carried out by Website Design Studio Ltd. or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with Website Design Studio Ltd.

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 Website Design Studio Ltd. 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 complaints procedure

Anyone who experiences a problem with their web service provided by Website Design Studio Ltd. 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.

Website Design Studio Ltd. 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 Website Design Studio Ltd., 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.

Client Responsibility

All content including text, images and animations supplied by you for use in your web design or graphic design projects must be thoroughly checked for copyright infringement. Legally, you are entirely responsible for all content provided. By commissioning a project you are indicating full acceptance of these terms and conditions.

Hosting fees are not refundable should you decide to move to another provider within the hosting term paid for.

All HTML and XHTML pages created for you will be owned by you providing the pages are for your own use only. They must not be sold or given to a third party without written permission from Website Design Studio.

All dynamic programming code including ASP, PHP and JavaScript is created and supplied on a 'use of the coding function' only basis and will entirely remain the property of Website Design Studio.

If you decide to move to another hosting company, HTML pages may be moved away from us, but all dynamic coding ASP, PHP and JavaScript must remain on our server.

The web sites designed by Website Design Studio are done so at the exclusive direction of and based on information provided by each individual web site owner. The sole and entire responsibility for that same information rests with each individual web site owner.

Website Design Studio shall not be liable in any way whatsoever for:

Our need to cancel hosting service contract periods should our hosting provider go out of business. Any damage of any kind (direct, indirect, consequential, incidental or punitive) which results from the use of, access to or inability to use the information contained in any web site which it has designed Any errors or omissions in the contents of any website which it has designed.

Any damages to or viruses that may infect a site visitor’s computer equipment, software, data or other property which result from a site visitor’s access to, use of or browsing in any site designed by Website Design Studio .

Any damages which result from the downloading of material, data, text, images, video or audio from any site designed by Website Design Studio.

Any content in any site linked to a site designed by Website Design Studio and any resulting damages from a site visitor’s access to any such linked site – site visitors link to any other such sites at their own risk

Each individual web site owner reserves the exclusive right to alter its site content in any way, at any time and for any reason without prior notification carrying no liability for any consequences of such changes.

Should Website Design Studio work to any directive from a site owner to change the site content then such work is undertaken on the clear understanding that no liability whatsoever relating to such changes is assigned to Website Design Studio .

Website Design Studio will not be responsible for any damages arising from or relating to the use of any web site created by or any goods or services provided by Website Design Studio including web hosting and internet marketing services or obtained in any manner through or in connection with any web site. Website Design Studio makes no warranties of any kind, expressed or implied for the services it provides.

It is impossible to check if a logo designed and created by Website Design Studio is similar to another already in existence. There is a slight possibility that a specific design created by us could already be in existence. In the unlikely event of such an occurrence we would be prepared to design you another logo at 50% of the standard cost in way of compensation.

Website Design Studio disclaims any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, Website Design Studio shall not be liable for loss of data resulting from delays, non delivery, wrong delivery, or any and all service interruptions caused directly or indirectly by Website Design Studio.

Website Design Studio reserves the right to revise its terms, conditions and charges at any time and without prior notice.

Website Design Studio shall not be liable to any business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether liability is asserted in contract (including negligence and strict product liability) and irrespective of whether advice has been given of the possibility of any such loss or damage.

The provisions set forth above allocate the risks under this agreement between the parties and it is agreed that such allocation and limitation are not unenforceable.

Disclaimer

This web site was created by and is managed by Website Design Studio. We have no control and are not responsible for the content of any web pages that we link to outside of the website-design-studio.net domain. External web pages remain the sole responsibility of the page author, even when linked to any pages of the http://www.website-design-studio.net web site. Website Design Studio shall not be liable for the text, image content or presentation of such pages. If you consider any linked pages to be inappropriate, illegal or offensive please let us know.

Copyright

Unless otherwise stated, all intellectual property rights (including, without limitation, copyright, registered and unregistered trade marks and database rights) are the sole property of Website Design Studio.

Governing Law; Jurisdiction

These Terms are governed by the laws of the United Kingdom without reference to the principles of conflicts of laws thereof.

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