The Client : The company or individual requesting the services of DluxDesigns (UK).
DluxDesigns (UK): The designer
DluxDesigns (UK) will carry out work only where an agreement is provided either by email, telephone, mail or fax.
An ‘order’ is deemed to be a written or verbal contract between DluxDesigns (UK) 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, DluxDesigns (UK) 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 DluxDesigns (UK) until all outstanding accounts are paid in full.
Any Design, scripts, cgi applications, php scripts, or software (unless specifically agreed) written by DluxDesigns (UK) remain the copyright of DluxDesigns (UK) and may only be commercially reproduced or resold with the permission of DluxDesigns (UK)
NOTE : Please note the above clause does not mean we own your website, all content, design and the website as a whole will be in your control and ownership, the above clause simply means you are not allowed to reproduce our work, resell or claim it’s your design work, you can sell the website as a going concern which would not infringe our copyright.
DluxDesigns (UK) accepts no liability for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website.
We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any coding additions to website briefs provided will be carried out at the discretion of DluxDesigns (UK) and may carry an additional cost. Where no charge is made by DluxDesigns (UK) for such additions, DluxDesigns (UK) 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.
Regardless of time taken, any additional work will be billed per change rather then the £50/60 average billing hour (Cheaper for you!)
The client agrees to make available as soon as is reasonably possible to DluxDesigns (UK) all materials required to complete the site to the agreed standard and within the set deadline.
DluxDesigns (UK) will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
DluxDesigns (UK) 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.
DluxDesigns (UK) 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.
DluxDesigns (UK) 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.
DluxDesigns (UK) will not be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
DluxDesigns (UK) will place footer text linked to the DluxDesigns (UK) website to all websites created by DluxDesigns (UK) unless expressly agreed prior to contract. This linked text may not be removed and must remain in place at all times. Any removal of such link will place the client in breach of our terms.
DluxDesigns (UK) requires a non-refundable deposit of 50% upon forming of the contract on all of our projects and before any design work will be carried out.
The remaining 50% balance will be due within 30 days from the forming of the contract or 3 days prior to going live, which ever falls sooner. For larger projects that are estimated to go over the 30 days, payment extension terms will be granted.
The date of completion will be deemed as the date the design of the site has been completed to a sufficient state in order to hand over to the client in either a fully completed, or fully designed solution awaiting clients input of data. DluxDesigns (UK) will not accept delay in payment due the client not fulfilling their content obligation.
The client remains fully liable for the full design and development costs in full whether they choose to complete the project or not.
Upon full payment, it is deemed that the project has been completed to the clients satisfaction and no refunds can be offered.
DluxDesigns (UK) provide a range of website and email hosting, we recommend our own solutions due to reliability and history of compatibility of softwares used.
You may opt to have your site hosted elsewhere, where applications or sites are developed on servers not supplied by DluxDesigns (UK), 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.
DluxDesigns (UK) accepts no liability and can not provide technical support for any issues or errors occurring from third party hosting solutions.
Payment for DluxDesigns (UK) hosting is charged on an annual and monthly basis depending on the hosting you require. Failure to pay hosting charges when due will result in immediate suspension of the website until such time that any arrears for hosting are brought up to date. Please note – If suspension is required this may cause adverse effects to your current search engine listings, DluxDesigns (UK) will not accept any such liability due to any adverse effect suspension may cause.
CMS websites which we create will be hosted via the webflow platform and can not be exported to a third party hosting solution. You will be billed through webflow but under our brand name.
Where “bugs”, errors or other issues are found after the site is live, DluxDesigns (UK) will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
DluxDesigns (UK) 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 most web browsers, DluxDesigns (UK) can offer no guarantees of correct function with all browser software as they constantly change. DluxDesigns (UK) can also offer no guarantee that our designs will work on outdated browsers.
DluxDesigns (UK) 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 any web hosting service we provide for clients should the necessity arise.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any form of guarantee regarding the position we will achieve for websites.
The process of optimising websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
DluxDesigns (UK) reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
By entering into this contract you are giving DluxDesigns (UK) express and unconditional use of your websites images and screen grabs to be used in any marketing material that DluxDesigns (UK) choose to use.
A link to DluxDesigns (UK) website/websites will be placed in the footer of each website we design. You agree to not amend or remove this footer link for the duration in which you use our design works.
