Site Map | Design Process | Help | Contact Us
Website Design
Website Management
Printing Services
Business Packages
Business Gifts Ideas
 
Welcome, please sign into your account.
User name
Password
  Remember me
 

 

Terms and Conditions

By using or buying our services you are agreeing to the following terms and conditions.

Definitions
“our site” means our presence on the Internet; 'our', 'we', 'us' and “our company” means OpenVision.co.uk, our employees and any other authorized individuals;
“you”, “your”, “user”, “client” or “customer” include you and any business with which you are associated and on behalf of which you use our site and our services.
“services” mean all tools, information, materials and functionality provided on our website, through our servers and/or from our team during design process and final product to you. Downloading, uploading of information and files or images.
Our company is responsible only for the design, maintenance and publishing of the customer’s website materials and takes no responsibility for content submitted by the users.

The Agreement
This document is an agreement between our company and you, the customer. From the date of your acceptance of this agreement, we agree to provide you with services chosen and agreed with you.

Services
You must keep secure any identification, password and other confidential information relating to your account. You must notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
We reserve the right to altering or suspending services during any necessary maintenance or updates to our services, software or hardware. We will try to ensure that such maintenance, alterations and suspensions to the services occur outside of normal business hours. When possible we will give reasonable notice to the customers.
All customers either private or business must be at least 18 years old.
All our services will be provided with reasonable skill and due care, however we cannot guarantee that the operation of the services will be uninterrupted, error-free, secure, or delivered on time requested by you, our sole liability for any breach of this warranty shall be to re-perform the affected services
In the event that we determine that re-performance is not commercially feasible, we may terminate this agreement and we will receive payment for the work to date on a pro-rata basis. What is or is not commercially feasible shall be in the sole discretion of our company.
We are not responsible and disclaim all liability for any loss, expense or damage incurred by you as a result of using our service (whether direct, indirect or consequential).
We disclaim any liability for any claim, demands or damages, including without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use or inability to use the services or any content thereof for any reason. This disclaimer applies, without limitation, to any damages or injury, whether for any breach of contract, tort or otherwise caused; any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmissions; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorised access to, alteration of, or use of any record. In no event will our liability under these conditions exceed the charges for the services.
You agree our company is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
There are sometimes laws and taxes which affect “internet ecommerce”. You agree that it is your responsibility to comply with such laws and will hold harmless, protect, and defend us and our subcontractors from any claim, suit, penalty, tax, or tariff arising from your exercise of internet ecommerce.

Hosting

You represent and warrant that the following content will not be stored on or linked to our servers:

  • copyrighted works, commercial audio, video, or music files, and any third party material or intellectual property in violation of any governmental regulation and/or without the proper authorisations.
  • pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of our company.
  • copyrighted software that is distributed illegally - including pirated software, emulators, hacking, and password cracking. This also includes any sites which provide "links to" or "how to" information about such material.
  • spamming - i.e. the unsolicited sending of electronic mail messages is also prohibited and the Customer warrants and represents that there will be no practice of spamming in connection with the Services.

All mail must be sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
While we will use every reasonable endeavour to ensure the integrity and security of the server, we do not guarantee that the server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or mis-routing of email or for any other failure of email. We shall be under no liability for any lost documents, files, applications, images and any other materials stored on our servers.
We will not be held responsible for any inaccuracies or errors, delays or unobtainability arising from the site or the host for any reason whatsoever. Any problems with the site must be reported as soon as possible and will be rectified as soon as practical. No responsibility will be accepted as to any losses or problems arising from the site for any reason.
If payment is not received by us for hosting by the due date on the invoice we reserve the right to terminate the hosting. Hosting will only be reinstated on receipt of a £50 +VAT administration fee.

Domain Nanes Reservation
Domain names are registered with the provider of our choice. We reserve the right to register and host with the company of our choice. We assume no responsibility whatsoever for any problems arising from these choices and the site owner must abide by any such terms put forward by the host.
All domain names remain the property of our company until the balance on the customer's account has been cleared in full.
You agree to pass on FTP details and any other access details relating to your existing domain name and hosting account which we require to upload the web site if required as part of a project.
We reserve the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.

Website and Print Design
A payment of 50% of the initial quote is required as deposit on any commission, prior to beginning work. Deposits are non refundable. The remaining payment is payable on going live for website orders and before delivery for printing orders.
The remaining payment must be paid on time, in accordance with the invoice date. Failure to pay on time will result in interest being added and may result in order cancellation and lost of deposit paid. The website and print designs remains the property of our company until the balance on the customer’s account has been cleared in full.
The copy rights to projects remain with our company and no re-selling, re-printing or using any data, code, logos, layouts, graphics or images in any form (printed or electronically) is allowed until agreed with us.
If a job extends for longer than the estimated times or develops in a way which increases costs or times scales, then staggered payments may be implemented until completion. The customer will be notified prior to any charges.
If after beginning work on an agreed quotation the user-requirements change, then these will be deemed new requirements and quoted for accordingly.
Websites provided on a 'design only' basis are the property and responsibility of the client following publication and payment, unless otherwise specified.
If an organisation ceases to trade after work has commenced, any outstanding balance must still be paid.
Any errors or omissions on the customer's part are not our responsibility and therefore we cannot be held in any way accountable. We work with the images and copy supplied by the client and does not edit this content.
All work carried out and company requirements remain subject to client confidentiality.
The site design will be deemed to be complete when you agree to publication. The site will be published subject to payment as agreed in the contract, whether written or verbal.
The print design will be deemed to be complete when you sign off the proof. The ordered materials will be then printed in term agreed with you and delivered to your chosen address. We will not be responsible for any errors that have been missed by you and signed off while accepting the design proof.
We will not assign the “Intellectual Property” rights to the customer for the Online Payment mechanism, Administration area or Content Management software. However, whilst the website is hosted with us, we will license the customer to use this software.
We reserve the right to promote websites developed by us as part of our portfolio and our promotional activities.
We reserve the right to put information and link(s) to our website on the sites that are designed and hosted by us. The customer has right to remove this information only where appropriate agreement and payment has been made.
You hereby agree that all media and content made available to us for use in the project are either owned by you or used with full permission of the original authors. You agree to hold harmless, protect and defend us from any claim or suit that may arise as a result of using the supplied media and content.
You agree to provide any needed information and content required by us in good time to enable us to complete a design or web site work as part of an agreed project.
All alterations for web sites projects are to be requested in writing either by email or postal mail by you. After the specified allowed hours of alterations have been completed, We reserve the right to advise you as such and send a separate quotation to you and to request payment for any further alterations. We reserve the right to request payment be received for further alterations before continuing work.
Unlimited redesigns are valid for the first draft, we will redesign the first draft until the client is happy with the initial design. Once the initial first draft is approved it is down to the designer’s discretion to make any amendments, and a charge will be leived for amendments for any changes to the actual design after this period. The redesign charges do not apply to content.
First draft is the homepage draft design, this will be sent to you as an image (jpg, gif or pdf – as per your choice), and we will not write any code at this stage, once you’re happy with the “first draft home page” and ask for more pages to be added, this will be seen as approval, it is down to you to make sure the first draft – homepage is as wanted, and we will make amendments as requested. If changes are needed to the design after the first draft has been approved then we will charge for the design work needed.

Search Engine Optymalization (SEO)
We aiming to design (code) every website to meet standard criteria for good SEO results and be search engine friendly, meta description and meta keywords will be included in your code, we will also advise you if we believe that any instructions given by you while design process are interfering with “good SEO practice” however we do not guarantee any positions or ranking  in search engines results pages. We do not submit any domains to any search engines or do not participate in any link exchange programs. If you require guaranteed positions or ranking  in search engines result pages then we would advise you to use professional SEO Company. 
We may provide free email account with the chosen packages if the domain has been purchased within the package by our company. If the domain is held with the client then it is the clients responsibility to setup their own email with the domain provider.
If you require a hard copy of the website then this will be an additional cost. The cost will be determined by the web designer. You will only receive html code and ready images as they appear on internet, raw work files will not be included.

Text Copy
We only prepare simple copy for websites, which are based on customer’s draft instructions. If the services of a professional copy writer are required for the site we would recommend that the client employs the services of a professional copywriter with experience of writing for websites.

Customer Warranty
The Customer shall indemnify, defend, save and hold us harmless from any and all liabilities, including legal fees and costs arising out of third party claims against us arising from or in any manner connected with the Customer's use or misuse of the Services in any manner not specifically authorised by our company.
You agree that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. We agree to try and match the design as closely as is possible when building the code.
If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then you agree that we can apply a nearest available alternative solution.
After site completion, you or a third party of your choosing may wish to edit your web site code on your own to make updates. However, you agree that in so doing you assume full responsibility for any issues which occur as a result of changing the code on your own. If you or a third party of your choosing edit the web site code and this results in functionality errors or the page displaying incorrectly, then we reserve the right to quote for work to repair the web site.
We reserve the right to assign subcontractors in whole or as part of a project if needed.
The website layout will be based on your choice of design or template and will be discussed and agreed before work is carried out. The design and printouts delivery dates times given, which includes first draft and completion dates are estimates, and you agrees that the dates are only rough estimates
You agree that it is your responsibility to have regular backups of your website and software made by you or third party services in case of a software or hardware failure.
All communications between our company and you shall be by telephone, email, Skype or postal mail, except where agreed at our discretion.
You are responsible for adding your own content and products to pages that are CMS enabled. We supply instructions and support but we are not legally obliged to add content for the client.
 We shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browser Internet Explore. You agree that we cannot guarantee correct functionality with all browser software across different operating systems.
You agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of your web site. As such, we reserve the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes

Payments
All prices are exempt of VAT.
All invoices are submitted by email except where required otherwise by regulations or agreed at our discretion.

Privacy Policy
We and any third party associates shall use information provided by the you in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify you in communications with you  2) to contact you from time to time to offer you services or products which may be of interest to or benefit to you.

Termination Provisions
We reserve the right to terminate a project with a customer at any time without prior notification if it finds the customer in breach of these terms and conditions. We shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
We reserve the right to suspend or terminate all or part of the services with immediate effect and without notice, where there has been a breach by the customer of these terms and conditions or failure to pay charges outstanding. Either party may terminate the services with or without cause on giving 30 days written notice to the other. Termination of this agreement will be without prejudice to any accrued rights of either party.
It is important that you read and understand the terms and conditions before paying any invoices. Receipt of any payment or payment of any invoices will be deemed to be acceptance of the terms and conditions and that you wish to be bound by the terms and conditions. If there are any terms that you do not understand or do not wish to agree please contact us.
We reserve the right to alter these terms without notice, the customers will be notified via email used during registration process.

Should any of the Terms and Conditions provisions be partly or entirely invalid due to its inconsistency with common law regulations, the Terms and Conditions remains valid in its other parts and is subject to interpretation in accordance with legal regulations in such a way that the essence of the invalid clause is preserved as accurately as possible.
The user explicitly states that he has read the present license terms and has understood the rights and obligations resulting from them.

 

Home | Web Design | Hosting | Printing | Business Packs | Gifts | Site map | Terms and Conditions | Help/FAQ | Contact Us
 
Copyright Open Vision (R) All right reserved.