By placing an order with Blur Design and Publishing LTD, you confirm that you are in agreement with and bound by these terms and conditions.
The Client: The company or individual requesting the services of Blur Design and Publishing.
Blur Design and Publishing TA Blur Design: Primary designer/site owner.
Blur Design will carry out work only where an agreement is provided either by email, telephone, mail or fax. Blur Design will carry out work only for clients who are 18 years of age or over. An 'order' is deemed to be a written or verbal contract between Blur Design and the client, this includes telephone and email agreements.
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Blur Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remains he property of Blur Design until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Blur Design remains the copyright of Blur Design and may only be commercially reproduced or resold with the explicit permission of Blur Design.
Blur Design 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 can be supplied by the client stating permission has been given to use the material.
Any additions to the brief will be carried out at the discretion of Blur Design and where no charge is made by Blur Design for such additions, Blur Design accepts 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 Blur Design all materials required to complete the site to the agreed standard and within the set deadline.
Blur Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Blur Design 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.
Blur Design 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.
Blur Design 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 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, they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Blur Design 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 Blur Design remain the copyright of Blur Design and may only be commercially reproduced or resold with the permission of Blur Design.
Where applications or sites are developed on servers not recommended by Blur Design, 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 Blur Design before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Blur Design will endeavor (but is not obliged to) to correct these issues to meet the standards of functions outlined in the brief.
Blur Design 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 7 and to an acceptable level with Mozilla browsers, Blur Design can offer no guarantees of correct functions with all browser software.
Whilst Blur Design offers hosting services, no guarantees can be made to the availability or interruption of this service(although Blur Design will endeavor to have the issue fixed in a timely manner). Blur Design 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.
Blur Design reserves the right to refuse to handle in any way, materials which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
On completion of any work carried out, it is Blur Designs policy that any outstanding accounts for work carried out by Blur Design or its affiliates are required to be paid in full, no later than 28 days from the date of the invoice unless by prior arrangement with Blur Design.
If payment is not made within the given time, Blur Design will contact clients by email or telephone to remind them that payments are not received when due.
If accounts are not settled or Blur Design 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 judgments (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.
Anyone who experiences a problem with their web service provide by Blur Design should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint.
Blur Design will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
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 Blur Design, 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.
E-mail: scott.sibson@blurdesign.co.uk |
