Terms and Conditions

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Terms and Conditions

The following Terms and Conditions of Service apply to all products and services provided by S.M.A.Design (hereinafter referred to as S.M.A.Design). All work is carried out by S.M.A.Design on the understanding that the client has agreed to S.M.A.Design’s terms and conditions. Copyright is retained by S.M.A.Design on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and only after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by S.M.A.Design as fulfilling the contract. All other designs remain the property of S.M.A.Design, unless agreed in writing that this arrangement has been changed.

Project Acceptance.

At the time of proposal, S.M.A.Design will provide the customer with a written estimate or quotation. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to S.M.A.Design. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept S.M.A.Design’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by S.M.A.Design.

General Terms.

• All material provided to us during the production of your site will not be returned or retained unless otherwise requested.
• Domain names specified when signing up are not confirmed until your site goes live. Availability checker is only an indication of potential availability and is in no way a guarantee.
• The copyright and observation of other third party copyrighted material is the responsibility of the contracted client and not that of S.M.A. Design
• A small 'Website Design by S.M.A. Design' link will appear at the bottom of your website's pages. This helps us promote our services. We may remove this on request however a small additional fee will apply.
• We reserve the right to use all designs produced during the production process in our portfolio of work.
• Statistics provided by S.M.A. Design may be subject to some distortion caused by automated website spiders adding hits to the stats records. We monitor this regularly and make changes where necessary to remove automated hits. This may cause occasional changes in website stat data.

Cancellation.

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, S.M.A. Design will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by S.M.A. Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Payments.

• All invoices are to be paid on the invoice date unless otherwise stated.
• Initial payments/deposits on all service e.g. website design, logo design etc are non-refundable.
• If you have opted to pay monthly, your monthly payments will start a month from the day you signed up. This is because we set up your hosting to build your website and other services immediately. This fee repeats every month thereafter until you close your account through the cancellation method indicated above.
• If you have opted to pay annually, your annual payments are due on the anniversary of your sign up date. The first annual payment is due when you sign up unless agreed otherwise. This fee repeats every year thereafter until you close your account through the cancellation method indicated above.
• To be very clear your ongoing fee automatically renews each month / year unless you cancel your services in advance of the renewal date.
• We reserve the right to pass on any charges we incur as a result of late, declined payments. If a payment should be charged-back a £25+vat fee will be applied to your account.
• In the unlikely event that a website build takes longer than 3 months where the delay is largely due to a client's failure to provide required information and we have requested multiple times for that information we may request and require the outstanding balance of any invoice for that service to be paid in full.
• Late payments will be subject to a £15+vat late payment fee.
• Should a payment such as a hosting payment become very overdue e.g. over 31days and we have tried to contact you more than once regarding this overdue payment, we reserve the right to close the account. Any deposit payments will be forfeited.
• Should payments remain unpaid we will write to you giving 14 days notice to pay. If payment is not made within that time-frame a final £25+vat late payment fee will applied and the case may be referred for collection through the courts.

Miscellaneous Terms.

• If commissioning an ecommerce website, please note that we do not add all your products due to time constraints when building your site.
• We retain the copyright on all materials produced e.g. logos, website designs, business cards until the entirety of the package signed up for is paid for. Once this is done, copyright of any design work is transferred to you. We retain the right to include the produced work in our portfolio.
• With services provided for print such as business cards and letterheads, we only provide the design portion of the process and do not provide any printing services.
• Content writing per page fee includes a maximum of 500 words per a page. Longer pages will be charged as a multiple of the per page fee.
• We will endeavour to check the content we produce as part of our content writing service for errors in terms of grammar, spelling and factual accuracy however the ultimate responsibility for these elements will fall on you the client. We accept no responsibility for errors once published.
• We do not proof read any content you provide for your website. We accept no responsibility for errors.
• When instructing a company to print items we have designed such as business cards and letterheads, it is your responsibility to ensure the print quality. We accept no responsibility should finished printed items not accurately reproduce colours or quality.
• For Ecommerce websites we only integrate with Paypal, Sagepay and Worldpay gateways. As part of your setup you may need to configure elements of the integration within the respective gateway's systems. We will provide guidance as to any changes that need to be made however support for specifics within those systems must come for the gateway themselves. We can sometimes make the changes on your behalf but reserve the right to charge a small fee for this.

Rights of Refusal.

S.M.A. Design will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. S.M.A. Design also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that S.M.A. Design does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow S.M.A. Design to remove the contravention without hindrance, or penalty. S.M.A. Design is to be held in no way responsible for any such data being included.

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