Website and Graphic Design Terms and Conditions

By placing work with Worcester Apple Graphic Services, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:
The Client: The company or individual requesting the services of Worcester Apple Graphic Services.

Worcester Apple Graphic Services: Primary designer/webmasters of hosted websites.

The Brief: A document/email agreed by both The Client and Worcester Apple Graphic Services as to the type, nature, function of the resulting website.

General
Worcester Apple Graphic Services will produce work only where there is 'order' provided either by email, telephone, and by post.  An 'order' is deemed to be a verbal or written contract between Worcester Apple Graphic Services and The Client, this includes email and telephone agreements.

Website Design
Worcester Apple Graphic Services will endeavour to produce a suitable solution to The Brief agreed. Any Changes to brief must be agreed by both The Client and Worcester Apple Graphic Services as charges may apply.

Whilst every endeavor will be made to ensure that the website and any scripts or programs used are free of errors, Worcester Apple Graphic Services cannot accept responsibility for any losses incurred due to any malfunction of the website or any part of it.

The website, graphics and any programming code remain the property of Worcester Apple Graphic Services until all outstanding accounts are paid in full.

Worcester Apple Graphic Services cannot take any 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 changes to the brief carried out by The Client will charge for by Worcester Apple Graphic Services after agreement on costs.

Any additions to the brief will be carried out at the discretion of Worcester Apple Graphic Services and where no charge is made by Worcester Apple Graphic Services for such additions, Worcester Apple Graphic Services 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 Worcester Apple Graphic Services all materials required to complete the site to the agreed standard and within the set deadline.

Worcester Apple Graphic Services will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Worcester Apple Graphic Services (when not hosting a website) 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.

Worcester Apple Graphic Services 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.

Worcester Apple Graphic Services 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.

Worcester Apple Graphic Services will endeavour to create a search engine friendly site, to include site description and key words, but will not guarantee search engine listings or ranking.

Search Engine submission is charge for, but will not guarantee search engine listings or ranking.

A deposit of 33% is required with any project before any hosting or design work will be carried out.

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.

Database, Application and E-Commerce Development
Worcester Apple Graphic Services cannot take responsibility for any losses incurred by the use of any software used 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.

Worcester Apple Graphic Services cannot take responsibility for any losses incurred in E-commerce solution. Every effort is made to enable safe and secure transactions using https, but Worcester Apple Graphic Services cannot take responsibility for any losses incurred using this systems. If the client requires more secure methods these will be added on request and charged for, however Worcester Apple Graphic Services cannot take responsibility for any losses incurred using these methods.

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

Compatibility
Worcester Apple Graphic Services 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 Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Worcester Apple Graphic Services can offer no guarantees of correct function with all browser software.

Website Hosting
Worcester Apple Graphic Services use a hosting company to host websites, no guarantees can be made as to the availability or interruption of this service. Worcester Apple Graphic Services 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.

Worcester Apple Graphic Services 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.

E-mail Accounts
All pop3 email accounts included in the hosting are not backup. Client's should download their email to their computer to create a backup as email accounts are not backed up..

Support
Worcester Apple offers general support and backup to all hosting accounts and databases. (Not including email accounts - client's should download their email to their computer to create a backup).

Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Worcester Apple Graphic Services policy that any outstanding accounts for work carried out by Worcester Apple Graphic Services or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Worcester Apple Graphic Services.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Worcester Apple Graphic Services 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.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by Worcester Apple Graphic Services should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Worcester Apple Graphic Services will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Worcester Apple Graphic Services, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.