PMG Designs’ terms & conditions...
Definition of our terminology as used within this document:
- A 'Project' is any work undertaken or service provided by PMG Designs
for the Client on their request and as described in our confirmation order
email to that Client.
- A 'Client' is a person, persons, business or organisation using any of
the services provided by PMG Designs.
- 'Live Mode' means the date the website is available on the Client’s
chosen domain.
- 'Domain' is the website address as specified by the Client.
- 'Open Source Software' is software made freely available to anyone
under the GNU General Public License (GPL).
- 'Hosting' is a yearly cost to keep a clients website activated online.
- 'Content' is both text and images that the Client requires on the
website.
PMG Designs Terms & Conditions
- The contract between PMG Designs and the Client will be on these
conditions, to the exclusion of all other terms and conditions. Any
variations to these conditions shall have no effect unless agreed in
writing.
- The works to be carried out shall be as set out in the PMG Designs
confirmation order email.
- Email will be our method of contact with regard to all communication.
Although PMG Designs can be contacted by telephone, we will use email as our
primary method of contact and therefore it is the Client's responsibility to
inform us of any change in email address so we always have up to date email
contact details. PMG Designs can not be held liable in any way relating to
communication issues if we are not supplied a valid email address.
- PMG Designs will only commence work on a Project after receipt of 35%
deposit of the quoted Project fee from the Client. PMG Designs will also
require the remaining 65% payment on completion of the Project.
- The deposit paid to PMG Designs covers the cost of design work carried
out. It is not possible to refund a deposit once PMG Designs have sent the
first design to the Client. PMG Designs reserve the right to decide whether
a refund is applicable if requested by the Client for any reason. A refund
is not guaranteed by PMG Designs, but possible providing PMG Designs decide
upon this option.
- PMG Designs shall expect the Client to carry out sufficient research
before proceeding with a website. This will include checking that the
website/idea/business will operate legally. It is important that the website
is not in any way illegal.
- It is important for the Client to keep in contact with PMG Designs
throughout the entire Project. If we do not receive email or phone contact
from a Client for more than 3 months, the Project may be terminated, and the
deposit will not be refunded. However PMG Designs shall also attempt to make
contact with the Client when needed.
- Where images used on the website have been purchased by PMG Designs on
behalf of the Client, these images are strictly for use on the website only.
PMG Designs are not liable for misuse of these images by the Client or any
other person’s copying, altering or distributing the images to individuals
or other organisations.
- PMG Designs will host the website if the Client requires us to do so
and on receipt of full payment of our Hosting fees. In doing so, PMG Designs
will endeavour to provide a reliable and professional service to the Client
at all times but do not guarantee that the website Hosting will be available
at all times, especially in the event of a technical failure beyond their
control.
- PMG Designs cannot be held responsible for anything adversely
affecting the Client's business operation, sales, or profitability that
might be claimed is a result of a service offered by PMG Designs.
- Where asked to provide search engine optimisation for a Client, PMG
Designs do not guarantee any specific placement or high ranking on search
engines.
- PMG Designs will provide the Client with an expected completion date
for the Project (live on the internet) if requested. PMG Designs will
endeavour to meet any given deadline, but do not guarantee and are not bound
in any way to complete the Project by this date.
- PMG Designs are the sole owners of all design and code of the website
until final payment has been received in full. Once final payment is
received, the Client will then co-own the design and code of the website,
unless Open Source Software is used. PMG Designs reserve the right to re-use
any coding and images used on the site, excluding branding, which becomes
the sole property of the Client.
- Images purchased by PMG Designs for use on the Client's website, after
approval from the client, are to be paid in full by the Client, and will be
added on to the final invoice for the Project.
- All images displayed on the Client's website will only be used after
authorisation by the Client, and are the sole responsibility of the Client
regarding usage and copyright. Should any legal issues or claims arise from
the content or copyright of any images supplied by the Client or PMG
Designs, they will be the sole responsibility of the Client.
- Domain names will be registered by PMG Designs and also registered to
the PMG Designs current address. Although the domain names are registered to
PMG Designs, the Client is the legal owner of the domain and if they request
to have details changed or the domain transferred elsewhere, PMG Designs
will do this within a reasonable timeframe.
- It is the responsibility of the Client to renew their domain names
when due. If a domain name expires, PMG Designs can not be held liable for
this. However, PMG Designs will make reasonable effort to contact the Client
regarding domain renewal.
- When a Client renews Hosting with PMG Designs, this also includes
domain renewal if the renewal is needed to keep the site functioning and was
purchased as part of the Hosting package. If the Client does not renew the
Hosting, their domain name could be made available to the public for
purchase and PMG Designs can not be held liable for this.
- Renewal of Hosting is due on a yearly basis. The date of renewal will
be annually from the date the website was ordered by the Client. The Hosting
will not be renewed if PMG Designs cannot contact the Client or the Client
requests for PMG Designs to not host this site. This will also affect the
domain as per item 18.
- The Hosting renewal charge must be received within 10 days of the
Hosting expiry date. PMG Designs reserve the right to deactivate any website
where the Hosting has expired and the Client has not paid the renewal
charge. There will be an admin fee set by PMG Designs for reactivating the
website/Hosting.
- Where asked to provide search engine optimisation for a Client, PMG
Designs do not guarantee any specific placement or high ranking on search
engines.
- If the Client does not use PMG Designs Hosting services, then the
management and Hosting of the Domain name are the full responsibility of the
Client.
- Should a Client wish to move Hosting away from PMG Designs or transfer
a Domain name away from PMG Designs, a £50 admin charge will be issued,
which must be paid before the transfer takes place.
- Once the completed Project has been handed over to the Client, PMG
Designs has no control of, or responsibility for, the content of Clients’
websites. In no way does the textual or image based Content of our Client's
web sites constitute PMG Designs endorsement, or approval of the website or
the material contained within the website. PMG Designs has not verified any
of the materials, images or information contained within our Client's web
sites and is not responsible for the content or performance of these sites
or for the Client's transactions with them. PMG Designs provides links or
references to our Client's websites solely for the convenience of
prospective customers and intends that the links it provides be current and
accurate, but does not guarantee or warrant that such links will point to
the intended Client site at all times.
- PMG Designs are not liable for loss, damage or corruption to files or
information stored on its servers or individual PCs relating to a Client's
website. The Client is solely responsible for any information or files
relating to its website. However, all Project files will be backed up
locally and off site.
- If a Domain name is purchased by the Client through a company other
than PMG Designs, the Client has full responsibility in making sure that the
domain name is renewed when due. PMG Designs will not renew the Domain name
when annual Hosting renewal is due if the Domain name is purchased through a
company other than PMG Designs. This also applies to Hosting.
- PMG Designs makes no claims that the contents of this website may be
lawfully viewed or downloaded outside England and Wales. Access to this
website may not be legal by certain persons or in certain countries. If this
website is accessed from outside of the United Kingdom, it is done at own
risk and the visitor is responsible for compliance with the relevant laws of
the visitor’s jurisdiction. The terms and conditions of this website are
governed by the laws of England and Wales. Jurisdiction for any claims
arising in respect of this website’s Content shall lie exclusively with the
courts of England. If any provision of these terms and conditions is found
to be invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of
these terms and conditions, which shall remain in full force and effect.
