Terms

Mids Design will be known as Consiliuma from here on out.

The following terms and conditions apply to all website development / design services provided by Consiliuma to the Client.

 

  1. Acceptance

 

It is not necessary for a 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.

 

  1. Charges

 

Charges for services to be provided by Consiliuma are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Consiliuma 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 a minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty three (33) percent is required after the development stage, with the remaining thirty three (33) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials. In te event of a project or job under £500, there would be a minimum initial payment of 50%.

Special terms may be provided on occasions, these payments plans are an offer of goodwill, we are not a credit agency, but offer terms to help your business.

Payment for services is due by PayPal (+2%). You can pay with PayPal even without a PayPal account, simply by any debit or credit card. Paypal is our chosen method only as it is the only payment processing service that protects both you and ourselves.

 

  1. Client Review

 

Consiliuma will provide the Client with an opportunity to review the appearance and content of the work during the design phase and once the overall work is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Consiliuma otherwise within five (5) days of the date the materials are made available to the Client.

 

  1. Turnaround Time and Content Control

 

Consiliuma will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Consiliuma receiving initial payment, unless a delay is specifically requested or created by the Client and accepted by Consiliuma. We are not liable for loss of time due to the client or hosting issues.

In return, the Client agrees to delegate a single individual as a primary contact to aid Consiliuma with progressing the commission in a satisfactory and expedient manner. This is the clients responsibility, if the the client is not forthcoming in producing the said contact, we will assume the most knowledgeable (design and web design) is the case.

During the project, Consiliuma will require the Client to provide website content; text, images, movies and sound files, unless otherwise stated, we rely on you, the client for your information.

 

  1. Failure to provide required website content:

 

Consiliuma is a small business, to remain efficient we must ensure that work we have agreed to is carried out at the scheduled time. On occasions we may have to reject new offers for other work and enquiries to ensure that your work is completed at the time arranged. If you have slowed down our projected timescale due to lack of contact, content or otherwise agreed issues, we are not liable and you will still be invoiced on the pre-proposed dates and for any extra charges (if any).

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 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week (5 business days) of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so. Your delay will affect other clients work, it is very important that you do as required as a client.

NOTE: Text content should be delivered as a text document, Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using the WordPress content management system you are able to keep your content up to date your self, once the site is complete and your full payment has been received. You do not have to, we can do this for you if required. We do offer retainer work for clients that are too busy or would rather have us do it.

 

  1. Payment

 

Final invoices will be provided by Consiliuma upon completion on, before or after the publishing of the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid for three (3) days after the date of the invoice will be assessed a service charge at three percent (3%) or £30 per week of the total amount due.

 

  1. Additional Expenses

 

Client agrees to reimburse Consiliuma for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, man hours, stock photography etc.

 

  1. Web Browsers

 

Consiliuma 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, Google Chrome, etc.). Client agrees that Consiliuma cannot guarantee correct functionality with all browser software across different operating systems.

Consiliuma cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Consiliuma 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.

 

  1. Default

 

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Consiliuma’s Web space, Consiliuma will, at its discretion, remove all such material from its web space. Consiliuma is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Consiliuma reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Consiliuma in enforcing these Terms and Conditions.

 

  1. Termination

 

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within five (5) days.

 

  1. Indemnity

 

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

 

  1. Copyright

 

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Consiliuma 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 Consiliuma permission and rights for use of the same and agrees to indemnify and hold harmless Consiliuma 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 Consiliuma that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

 

  1. 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 (ASCII text files delivered on usb, disc, via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Consiliuma to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

 

  1. Design Credit

 

A link to Consiliuma (and/or one of our partner sites) 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. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £2000, a fixed fee of £200 will be applied. The Client also agrees that the website developed for the Client may be presented in Consiliuma’s portfolio, online or offline for our own marketing purposes.

 

  1. Access Requirements

 

If the Client’s website is to be installed on a third-party server, Consiliuma must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

 

  1. Post-Placement Alterations

 

Consiliuma cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications, illegal entry and/or deletions.

 

  1. Domain Names

 

Consiliuma 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 Consiliuma. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

 

  1. General

 

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

 

  1. Governing Law

 

This Agreement shall be governed by English Law.

 

  1. Liability

 

Consiliuma 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 web site;

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 Consiliuma 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.

 

  1. 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. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalidity.

 

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