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Terms & Conditions

Our Terms…

Definitions:
The Client : The company or individual requesting the services of SAGraphics Ltd.

SAGraphics Ltd: Primary designer/site owner & employees or affiliates.

General
SAGraphics Ltd will carry out work only where an agreement is provided either by email, telephone, mail or fax. SAGraphics Ltd will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between SAGraphics Ltd and the client, this includes telephone and email agreements.

Website and Print Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, SAGraphics Ltd 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 SAGraphics Ltd until all outstanding accounts are paid in full.  The design remains the property of SAGraphics Ltd, and at no time may be copied or showcased without prior arrangement with SAGraphics Ltd.  This includes work that has been commissioned by other agencies, and cannot be added to any portfolio other than that of SAGraphics Ltd unless prior arrangement has been made by SAGraphics Ltd.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by SAGraphics Ltd remain the copyright of SAGraphics Ltd  and may only be commercially reproduced or resold with the permission of SAGraphics Ltd.

SAGraphics Ltd 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 is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of SAGraphics Ltd and where no charge is made by SAGraphics Ltd for such additions, SAGraphics Ltd 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.

The client agrees to make available as soon as is reasonably possible to SAGraphics Ltd all materials required to complete the site to the agreed standard and within the set deadline.

SAGraphics Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

SAGraphics Ltd 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.

SAGraphics Ltd 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.

SAGraphics Ltd 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.

A deposit of 50% is required before any design work will be carried out. This figure may be higher for websites of an adult nature and is non-refundable.

Once a website has been designed and completed the final balance of 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 and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.

Client and Designer Contact
SAGraphics expects all clients to keep in contact with our designers during any on-going project. If we do not hear from a client for a period of 60 days then SAGraphics reserve the right to ask for any outstanding balance for the project to paid before any more work is carried out. Further to this, If we do not hear from a client for a period of 6 months SAGraphics will assume the client no longer requires the website / project and the project will be cancelled and all files deleted from our servers.

Database, Application and E-Commerce Development
SAGraphics Ltd 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, applications or software (unless specifically agreed) written by SAGraphics Ltd remain the copyright of SAGraphics Ltd and may only be commercially reproduced or resold with the permission of SAGraphics Ltd.

Where applications or sites are developed on servers not recommended by SAGraphics Ltd, 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 SAGraphics Ltd before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, SAGraphics Ltd will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility
SAGraphics Ltd 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 Mozilla browsers, Microsoft Internet Explorer 8 and to an acceptable level with Microsoft Internet Explorer 7.  Microsoft Internet Explorer 6 is no longer supported.  SAGraphics Ltd can offer no guarantees of correct function with all browser software.

Website Hosting
Whilst SAGraphics Ltd recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service, SAGraphics Ltd 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.

SAGraphics Ltd 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 the hosting service should the necessity arise.

Website Optimization
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liablility 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.

SAGraphics Ltd reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Copyrights and Trademarks
By supplying text, images and other data to
SAGraphics Ltd for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by SAGraphics Ltd on behalf of the customer, will remain the property of SAGraphics Ltd and/or it’s suppliers.

The customer may request in writing from SAGraphics Ltd, the necessary permission to use materials (for which SAGraphics Ltd holds the copyright) in forms other than for which it was originally supplied, and SAGraphics Ltd may, at it’s discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to SAGraphics Ltd, the customer grants SAGraphics Ltd permission to use this material freely in the pursuit of the design.

Should SAGraphics Ltd, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow SAGraphics Ltd to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold SAGraphics Ltd free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Design Credits
The customer agrees to allow
SAGraphics Ltd to place a small credit on printed material, exhibition displays, advertisements and/or a link to SAGraphics Ltd‘s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow SAGraphics Ltd to place websites and other designs, along with a link to the client’s site on SAGraphics Ltd‘s own website for demonstration purposes and to use any designs in its own publicity.

Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the SAGraphics Ltd policy that any outstanding accounts for work carried out by SAGraphics Ltd or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with SAGraphics Ltd.  All printed material must be paid for upon collection.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. New websites will not go live, and original design files will not be released until final payment is made.  We will contact clients via email and telephone to remind them of such payments if they are not received when due.

For the payment of monthly hosting, once the invoice has been raised for the upcoming period, no cancellation can be made.  If a cancellation request is made after the invoice date, the account will be cancelled but the charge will still be payable.  Cancellation requests must be made by email and clearly state the terms of the cancellation.

If accounts are not settled or SAGraphics Ltd 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 judgements (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.

Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.