WEB DESIGN SERVICE TERMS & CONDITIONS

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a client accepts a quote then the client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges

Charges for services to be provided by ACT Studios Limited by invoice/project quotation that the Client receives via e-mail. (Quotations are valid for a period of 30days. ACT Studios Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days.)
Unless agreed otherwise with the client, all website design services require an advance
payment of 50% of the project quotation total before work commences.
This deposit is non-refundable. The remaining 50% of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials. Please note, by completion of work we deem to be the website pages.

Nb: Our Streamline website service requires full payment uipfront to proceed with the project.

The monthly website hosting fee is payable as soon as the project begins. We require you to agree to our direct debit mandate request to enable monthly payments to be scheduled.

If a 3rd party (eg a booking system) is due to be added to the website we require this 3rdparty to be fully available for integration by the time the web pages are complete. Should there be a delay in completing the website due to a 3rd party not being available, we require full payment of the remaining 50%. We will then complete the integration when it becomes available. Payment for services is by bank transfer with all payment details in our invoice.

Client review

ACT Studios Limited will provide the client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the client notifies ACT Studios Limited otherwise within ten (10) days of the date the materials are made available to the Client.

Content control

The Client agrees to delegate a single individual as a primary contact to aid ACT StudiosLimited with progressing the commission in a satisfactory and expedient manner.

At the commencement of the project, ACT Studios Limited will require the client to provide any agreed website content; text & images.

Failure to provide required website content

ACT Studios Limited must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 30%.

Payment

Invoices are sent by email and are due upon receipt. Accounts that remain unpaid thirty(30) days after the date of the invoice will be assessed a service charge of 3% per month of the total amount due.

Additional expenses

Client agrees to reimburse ACT Studios Limited for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts etc.

Indemnity

All ACT Studios Limited services may be used for lawful purposes only. You agree to indemnify and hold ACT Studios Limited harmless from any claims resulting from your use of our service that damages you or any other party.

Web browsers

ACT Studios Limited makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g.
Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that ACT Studios Limited cannot guarantee correct functionality with all browser software across different operating systems.

ACT Studios Limited cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the client. As such, ACT Studios Limited reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Copyright

The client retains the copyright to data, files and graphic logos provided by the client, and grants ACT Studios Limited the rights to publish and use such material. The client must obtain permission and rights to use any information or files that are copyrighted by a third party.
The client is further responsible for granting ACT Studios Limited permission and rights for use of the same and agrees to indemnify and hold harmless ACT Studios Limited from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the client to
ACT Studios Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard media delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs are high quality .gif, .jpeg, .png or .tiff format.

Governing law

This Agreement shall be governed by English Law.

Design credit

A link to ACT Studios will appear in either small type or by a small graphic at the bottom of the client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The client also agrees that the website developed for the client may be presented in the ACT Studios portfolio.

Domain names

ACT Studios may purchase domain names on behalf of the client. Payment and renewal of those domain names is the responsibility of the client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of ACT Studios Limited. The client should keep a record of the due dates for payment to ensure that payment is received in good time.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. Payment is an acceptance of our terms and conditions.

Liability

ACT Studios Limited hereby excludes itself, its Employees and or Agents from all and any liability from:- Loss or damage caused by any inaccuracy;

  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of ACT Studios Limited to the client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone.