Terms of Use

Please read our complete terms of use. By purchasing from our website or by contracting any of  our services you agree to these terms and conditions.

Agreement for Web, Design & Software Services

 

1.    DEFINITIONS

1.1 ‘Agreement’ means any agreement to which these terms and conditions are incorporated

1.2 ‘Package’ means collection of services

1.3 ‘Fees’ means the Fees for the Services set out in either the order form, invoice or otherwise agreed.

1.4 ‘Services’ means the services provided by vividSpirit

1.5 ‘Client’ is the person, persons or company who purchase Services from vividSpirit

1.6 ‘vividSpirit’ is the provider of Service or Services.

2.    WEB & GRAPHIC DESIGN SERVICES

  1. Design to include web page layout:  placement of text, graphics/photos, navigation links, external links and e-mail links., CSS stylesheet and installation into Client hosting.
  2. Minor updates and changes to web site at no charge for one month beginning when web site is transferred to the internet for public viewing. Minor changes are limited to: changing wording, or making general design or text corrections. vividSpirit hourly rates will apply to retyping of lengthy text, adding new text, adding new pictures, adding new pages, or any other major changes not included in purchase.

3.    FEES & PAYMENT

  1. All fees payable in pounds sterling (£).
  2. Web Design cost must be agreed and signed by both parties before work commences.
  3. A down payment or full payment may be required prior to any work beginning.
  4. Payments will be accepted via PayPal, Visa, Mastercard, AMEX, Discover, cash or cheque with valid guarantee card
  5. All payments are non-refundable. Payment is for services provided by vividSpirit not for services in particular.

4.    COPYRIGHT AND TRADEMARKS

  1. The Client represents to vividSpirit and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to vividSpirit for inclusion in web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend vividSpirit from any claim or suit arising from the use of such elements furnished by the Client.
  2. vividSpirit guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both Client and vividSpirit that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual web site, unless Client receives direct authorization from the 3rd party.
  3. Copyright to the finished assembled work of individual web site produced and designed by vividSpirit is owned by vividSpirit. This ownership is to include rights to the design, any photos or graphics supplied by vividSpirit, source code, and computer programs specifically designed for this web site. Upon full and final payment of this contract, the Client is assigned copyright to use on a single web site the design, graphics, and text contained in the finished assembled web site.
  4. All graphics, photos and text provided by vividSpirit are property of  vividSpirit and may not be used in any media outside the signle web site without permission or transfer of rights specified in writing between vividSpirit and Client.

5.    LIABILITY

  1. In the event that Client or other agent acting on the behalf of the Client accesses files and disrupts the layout or functionality of the web site, vividSpirit can work to get the web site back up and running at the regular hourly rate.
  2. If any other agent is employed by Client  to carry out services within the remit of vividSpirit without prior written notification and agreement, this may be viewed as a break of contract. vividSpirit may stop all services without notice & all access may be initially restricted.
  3. Under no circumstances, including negligence, shall vividSpirit, or any other company involved in the creation, production or distribution of the web site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the vividSpirits services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to vividSpirit records, programs or services.

6.    LAWS AFFECTING ELECTRONIC COMMERCE

The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend vividSpirit and it’s subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s use of Internet electronic commerce.

7.    INTERNET ETIQUETTE

vividSpirit is a developer of ethical web sites and has an ethical and fair use view of the internet. As such, vividSpirit will not design, promote, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will vividSpirit design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged. Fair use will be judged alongside current fair use policies in general use at the time.

8.  AUTHORSHIP CREDIT

  1. Client agrees that vividSpirit may put a small byline link on the bottom of their web page establishing authorship credit. In order that vividSpirit may remove their byline in the event of the design being altered, it is mutually agreed that vividSpirit will be notified of any design changes to this web site.
  2. vividSpirit may use Client web site as a sample of work in print or through a web site link.

9.  CONFIDENTIALITY

vividSpirit may, during the course of providing services hereunder or in relation to this contract have access to, and acquire knowledge regarding materials, data, systems, and other information of or with respect to ‘Client’ which may not be accessible or known to the general public. Any knowledge acquired by vividSpirit from such materials shall not be used, published or divulged by vividSpirit to any person, firm or outside source without the express written consent of ‘Client’.

10.  ENTIRE UNDERSTANDING

This constitutes the sole agreement between vividSpirit and ‘Client’ regarding its web design and graphic service. This agreement shall be governed and construed in accordance with the laws of the United Kingdom.

11. TECHNICAL SUPPORT

We aim to respond to any technical query within 72 hrs of e-mail contact to info@vividspirit.co.uk

12.DESIGN SUPPORT

Design support  within the  3 hours of tutorial (whether by phone, email or in person) is completely free. After this charges may incur at the current hourly rate

 

13. HOSTING

1. Our uptime is currently at 99.7%

2. A drop in uptime for any particular website that is due to anything other than vividSpirits owned servers that doesn’t fall   into the uptime advertised is not the responsibility of vividSpirit.

3. Any work carried out by vividSpirit in these circumstances is chargeable at the support rate

4. Due to the nature of the work carried out technical support may intermittently have access to any or all of your email accounts & contents

5. FTP & database access is only permissible with signed agreement from vividSpirit agents.